General terms and conditions of Obermaier Bäder München GmbH for the online shop
§ 1 General, Scope
(1) These general terms and conditions (hereinafter: "GTC") apply to all business relationships between Obermaier Bäder München GmbH, represented by GF Josef Obermaier, Salvatorstrasse 2, 80333 Munich, Tel .: +49 (89) 242 088-0, Fax: +49 (89) 242 088 20, E-Mail: mail (at) obermaier.de (hereinafter: "Obermaier "), And their customers (hereinafter:" Customers "), with regard to the goods or services presented by Obermaier in its online shop.
(2) The general terms and conditions of Obermaier apply exclusively. Deviating, conflicting or supplementary terms and conditions of the buyer will only become part of the contract if and to the extent that Obermaier has expressly agreed to their validity. This requirement of consent applies in any case, especially if Obermaier is aware of the buyer's general terms and conditions and should carry out the delivery to the buyer without reservation.
(3) The customer is a consumer if he concludes a legal transaction for a purpose that can neither be attributed to his commercial nor his independent professional activity (cf. § 13 BGB). In contrast, an entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (cf. § 14 BGB).
§ 2 conclusion of contract
(1) The customer can choose from the range of Obermaier products, in particular bathroom furnishings and items of clothing (e.g. soaps or towels), and collect them in a so-called shopping cart using the “add to shopping cart” button. The customer submits a binding application to purchase the goods in the shopping cart via the “order for a fee” button. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby included them in his application.
Obermaier then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by Obermaier and does not constitute acceptance of the application. The contract is only concluded when Obermaier issues a declaration of acceptance, which is sent in a separate email ("order confirmation") .
(2) Catalogs, product descriptions sent by Obermaier or the products presented in the online shop www.obermaier.de do not represent an offer in the legal sense, but merely a so-called invitatio ad offerendum, ie an invitation to the customer to submit an offer .
§ 3 availability of goods
(1) If no copies of the product selected by the customer are available at the time of the customer's order, Obermaier will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, Obermaier will refrain from making a declaration of acceptance. A contract is not concluded in this case.
(2) If the product specified by the customer in the order is only temporarily unavailable, Obermaier will also notify the customer of this immediately in the order confirmation.
§ 4 retention of title
The delivered goods remain the property of Obermaier until they have been paid for in full.
§ 5 prices; Shipping and shipping costs
(1) All prices quoted by Obermaier include the applicable statutory sales tax.
(2) Es fallen keine Versandkosten an, wenn die Auftragssumme 50,00€ oder mehr beträgt und die Lieferung innerhalb Deutschlands ist.
Exception: In the case of bathtubs, the shipping costs are determined by a forwarding agency based on expenditure or are sent freight collect.
(3) Unter € 50,00 Auftragssumme werden innerhalb Deutschlands € 4,50 Versandkosten berechnet. Ausnahme: Bei Badewannen werden die Versandkosten per Spedition nach Aufwand ermittelt oder unfrei versendet.
(4) The shipping costs for other countries on request.
§ 6 payment modalities
(1) The following payment methods are available to the customer:
- Payment by credit card (Visa, MasterCard, AMEX) as well as PayPal, Apple Pay, Google Pay and other payment options supported by Stripe.
When paying by credit card using VISA and MasterCard, you must enter your credit card number, the expiry date and the three-digit security code. Your security code provides additional security when paying online and usually consists of the last three digits of the number on the back of the credit card. The security code can be in different places, depending on the credit card company, but is usually printed on the signature field.
3-D Secure is a standard that provides additional security for online credit card payments. The 3-D Secure standard is used by Visa and MasterCard. 3-D Secure procedures are also known as Verified by Visa (Visa) and MasterCard Secure Code (MasterCard).
- Payment by giropay or eps
With giropay you pay easily, quickly and securely via online transfer with PIN and TAN.
We will lead you directly to the online banking of your bank or savings bank. Please keep your
Online banking credentials ready to make the payment.
(2) The customer is free to collect the goods directly from Obermaier at their place of business against cash payment. In this case there are of course no shipping costs.
§ 7 delivery conditions
(1) Delivery is made by a parcel service to the delivery address specified by the customer.
(2) The delivery time of the goods is approx. 5 working days, whereby the delivery time only begins with the receipt of the money by Obermaier.
§ 8 Cancellation Policy for Consumers & Cancellation Form
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed:
A. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Obermaier Bäder München GmbH, Salvatorstrasse 2, 80333 Munich,
Tel .: +49 (89) 242 088-0, Fax: +49 (89) 242 088 20, E-Mail: mail (at) obermaier.de) by means of a clear declaration (e.g. a Letter, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us ), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
(1) Please avoid damaging and contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
(2) If possible, please do not send the goods back to us freight collect.
(3) Please note that the aforementioned numbers 1-2 are not prerequisites for the effective exercise of the right of withdrawal.
B. Withdrawal Form
If you want to withdraw from the contract, please fill this out Form (download) and send it back to us.
Obermaier Baths Munich GmbH
Fax: +49 (89) 242 088 20
Email: mail (at) obermaier.de
§ 9 Agreement to bear the costs when exercising the revocation according to § 8
In the event of cancellation, the customer must bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered.
§ 10 Warranty and Statute of Limitations
(1) Obermaier is liable for material defects in accordance with the applicable statutory provisions (in particular §§ 434 ff. BGB).
(2) The limitation period for warranty claims by consumers is two years for the delivery of new items, and one year for used items.
(3) With regard to entrepreneurs, the limitation period for warranty claims for newly manufactured items and for used items is one year.
§ 11 liability
(1) Obermaier's liability for breaches of contractual obligations as well as for offenses is limited to intent and gross negligence. This does not apply in the case of injury to life, body and health of the customer, claims due to the violation of cardinal obligations, i.e. of obligations that result from the nature of the contract and which, if violated, endanger the achievement of the purpose of the contract, as well as compensation for damage caused by delay (§ 286 BGB). In this respect, the provider is liable for every degree of fault.
(2) In the event of a breach of cardinal obligations, Obermaier is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of the aforementioned paragraphs (§ 11 (1) and (2)) also apply to legal representatives and vicarious agents of Obermaier.
(4) The provisions of the Product Liability Act and Obermaier's liability for malice remain unaffected.
§ 12 Transferability
The customer cannot transfer the rights and obligations from this contract to third parties without the prior written consent of the provider.
§ 13 Notes on data processing
(1) Obermaier collects customer data as part of the processing of contracts. Of course, Obermaier particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, Obermaier's inventory and usage data will only be collected, processed or used insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising or opinion polling purposes.
(3) In addition, with regard to the consent of the customer and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed at any time on the Obermaier website (www.obermaier.de) via the "Data protection" button in printable form is available.
§ 14 Choice of law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies exclusively. The validity of the UN sales law is excluded.
(2) If the customer as a consumer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Munich.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Munich. However, the provider is also entitled to sue the customer at his general place of jurisdiction.
§ 15 Severability Clause
Should one or more provisions be or become ineffective, the validity of the remaining provisions should not be impaired.
Note on the battery law:
In connection with the sale of batteries and accumulators and devices that contain batteries or accumulators, we would like to point out the following to you in accordance with Section 18 of the Battery Act (BattG). The following notice is aimed at those who use batteries or products with built-in batteries and no longer sell them on in the form supplied to them (end users).
I. Batteries and rechargeable batteries must not be disposed of with household waste. You are legally obliged to return old batteries so that proper disposal can be guaranteed. You can hand in used batteries at a municipal collection point or at a local retailer. As a distributor of batteries, we are also obliged to take back used batteries, whereby our take-back obligation is limited to used batteries of the type that we carry or have carried as new batteries in our range. You can therefore either return used batteries of the aforementioned type to us with sufficient postage or return them free of charge to our dispatch warehouse at the following address:
Obermaier Baths Munich GmbH
II. Batteries and accumulators that contain harmful substances are clearly marked with the symbol of a crossed out garbage can. Such batteries and accumulators must not be disposed of with household waste.
Furthermore, under the symbol of the crossed-out garbage can, the chemical designation of the corresponding pollutants is located, whereby these have the following meaning:
- Pb = battery / accumulator contains lead;
- Cd = battery / accumulator contains cadmium;
- Hg = battery / accumulator contains mercury.
§ 1 Information on the identity of the seller
Obermaier Baths Munich GmbH
Managing director authorized to represent: Josef Obermaier
Phone: +49 (89) 242 088-0
Fax: +49 (89) 242 088 20
Email address: mail (at) obermaier.de
Commercial register: Register court AG Munich
Register number: 90276
Tax ID number: DE 129427770
§ 2 Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services result from the respective product description posted by Obermaier.
§ 3 Information about the technical means to recognize and correct input errors
Before submitting the order, the customer can change and view the data at any time so that he can recognize and correct any input errors before submitting his order. The correction is made using the usual keyboard and mouse functions.
§ 4 Information about the conclusion of the contract
The conclusion of the contract was described in the general terms and conditions (see A. § 2) Obermaier
§ 5 Information about the individual steps that lead to the conclusion of the contract
In order for the customer to be able to submit his offer in the Obermaier online shop (see A. (2.1.1.) Of the Obermaier General Terms and Conditions), the customer must go through the following technical steps:
(5.1) Placing the desired article in the virtual shopping cart ("In the shopping cart");
(5.2) Clicking the button “Proceed to checkout”;
(5.3) Registration in the Obermaier online shop, if a user account already exists, using "email address" and "password" or - if a user account does not yet exist - new registration with opening a customer account; It is also possible to order as a "guest", ie without registration;
(5.4) Entering the billing address and, if applicable, a different delivery address;
(5.5) Selection of the desired shipping method and payment method;
(5.6) Summary of the order data;
(5.7) Sending the order as a binding offer by the customer by clicking the button "ORDER WITH OBLIGATION TO PAY".
(5.8) The acceptance of the customer's order by Obermaier takes place in accordance with A. (2.1.1) (c) of the Obermaier General Terms and Conditions.
§ 6 Information on the storage of the contract text
After submitting the offer via the Obermaier online order form, the contract text will be saved by Obermaier and sent to the customer in text form by email after the order has been sent (in addition to the Obermaier General Terms and Conditions, the cancellation policy, the model cancellation form and the customer information) email address provided by the customer. In addition, the text of the contract is archived on the Obermaier homepage and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data, provided that the customer has such a user account. Otherwise can
the contract text can no longer be called up by the customer via the Obermaier homepage after sending his order.
§ 7 Information about the language available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
§ 8 Information about the total price of the goods or services, shipping costs and other costs
(8.1) The stated prices Obermaier are total prices and include the statutory sales tax. These can be found on the respective product pages.
(8.2) Obermaier points out that cross-border deliveries may incur additional costs for which Obermaier is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties (e.g. customs duties).
(8.3) The shipping costs incurred were shown in A. (4.2) of the Obermaier General Terms and Conditions. These are also displayed again to the customer after clicking the “Proceed to checkout” button as well as in the context of the summary of the order data and accordingly before submitting his binding order.
§ 9 Information on the costs for the use of the means of remote communication used for the conclusion of the contract
There are only the costs for the mere use of the means of distance communication. There are no additional costs.
§ 10 information on payment and delivery
(10.1) Payment is made in accordance with A. § 5 of the Obermaier General Terms and Conditions.
(10.2) Delivery takes place in accordance with A. (4.2) of the Obermaier General Terms and Conditions, whereby parcel-compatible goods are sent by parcel service, items that cannot be parceled (bathtubs) by forwarding agent.
§ 11 Information on how to deal with complaints
Customer complaints are processed immediately and can be addressed to Obermaier using the contact details given.
Online dispute resolution
Online dispute resolution option (EU Regulation No. 524/2013)