Mon. - Fri.
10:00 a.m. - 6:00 p.m
for the online shop at https://www.wasserladen.de/
from
Water shop Brauner & Rossberg GbR
Uhlandstrasse 152
10719 Berlin
Germany
Phone: 03031506890
Email: admin@wasserladen.de
(hereinafter: provider )
for the sale of products to consumers and entrepreneurs
(hereinafter: Customers )
The sale of the provider's products offered via the online shop at the above-mentioned URL is carried out exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time the contract is concluded.
These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that deviate from these General Terms and Conditions shall not apply unless expressly agreed upon by the provider and the customer.
The offers on the provider's website represent a non-binding invitation to the customer to order products (services). By submitting the order (clicking the "buy now" button) on the provider's website, the customer submits a binding offer to conclude a contract.
Confirmation of receipt of the order will follow immediately after the order has been sent and does not constitute acceptance of the contract. The provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection, with the consequence that the customer is no longer bound by his declaration of intent.
When submitting an offer via the provider's online order form, the contract text will be saved by the provider and sent to the customer after sending his order together with these General Terms and Conditions in text form (e.g. email, fax or letter).
Before submitting a binding order via the provider's online order form, the customer can continuously correct their entries using standard keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding order is submitted, where they can also be corrected using standard keyboard and mouse functions.
Only the German language is available for the conclusion of the contract.
If, according to the content of the contract, the provider is obliged to repair an item belonging to the customer, the following applies:
Repair services are provided at the provider’s headquarters.
The provider is entitled, at its discretion, to perform its services personally or through qualified personnel selected by it. The provider may also engage the services of third parties (subcontractors) who work on its behalf. Unless otherwise agreed, the customer has no right to select a specific person to perform the desired service.
The customer must provide the provider with all information necessary for the repair of the item, if necessary. In particular, the customer must provide the provider with a comprehensive description of the defect and inform the provider of all circumstances that may have caused the identified defect.
Unless otherwise agreed, the customer must ship the item to be repaired to the provider's headquarters at their own expense and risk. The customer is responsible for ensuring safe transport. The provider will notify the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.
The return of the item is at the customer's expense. The risk of accidental loss or accidental deterioration of the item passes to the customer upon handover of the item to a suitable carrier at the provider's place of business. At the customer's request, the provider can take out transport insurance for the item.
The customer can also – if agreed – transport the item to be repaired to the provider's headquarters and pick it up again. In this case, the above provisions regarding costs and risk for shipping and return of the item apply accordingly.
The provider is liable for defects in the repair service provided in accordance with the statutory liability for defects.
The prices listed on the provider's website at the time of ordering apply. All prices include statutory VAT and are subject to the shipping costs listed.
The payment methods listed on the provider’s website are available.
For subscription contracts, the purchase price for goods to be delivered on a permanent basis is due in advance for the agreed delivery interval. The customer will be informed of the respective payment options for the subscription on the provider's website. If the direct debit payment method is selected and a corresponding direct debit mandate is issued, the amounts due will be debited from the customer's bank account at the beginning of the new delivery interval. If the direct debit is not honored due to insufficient funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if this is their responsibility.
If the customer defaults on payment, the provider is entitled to charge default interest of five percentage points above the base interest rate of the European Central Bank for consumers and nine percentage points above the base interest rate of the European Central Bank for businesses. In the event that the provider claims further damages due to default, the customer has the opportunity to prove that the claimed damages did not occur at all or were incurred at a lower amount.
Delivery times can be found on the provider's website. Any deviations from these delivery times will be indicated by the provider on the respective product page. The start of the delivery time specified by the provider is subject to the timely and proper fulfillment of the customer's obligations, in particular the correct provision of the delivery address when placing the order.
In the case of subscription contracts, the customer must immediately inform the provider of any change in delivery address.
If the provider makes the goods available for collection free of shipping costs, the customer can collect the ordered goods from the address specified by the provider during the business hours specified by the provider.
The statutory liability for defects applies. The following applies to contracts for the delivery of goods:
The limitations of liability and shortening of time limits set out above do not apply
for claims for damages and reimbursement of expenses by the customer
in the event that the provider has fraudulently concealed the defect
for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness
The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
Otherwise, the provider’s liability is excluded.
The above liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
The customer indemnifies the provider against any claims by third parties – including legal defense costs up to the statutory amount – that are asserted against the provider due to unlawful or contractually infringing actions by the customer.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The provider participates in a consumer dispute resolution procedure pursuant to the Consumer Dispute Resolution Act (VSBG).
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not reside within the European Union. The provider's registered office can be found in the heading of these General Terms and Conditions.
To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
As of: November 29, 2024