Terms and Conditions

§ 1 General, Scope of Application

(1) These General Terms and Conditions (hereinafter: "GTC") apply to all business relations of Obermaier Bäder München GmbH, represented by CEO 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 its customers (hereinafter: "Customers"), regarding the goods or services presented by Obermaier in its online shop.

(2) Obermaier's GTC apply exclusively. Deviating, conflicting, or supplementary GTC of the buyer shall only become part of the contract if and to the extent that Obermaier has expressly agreed to their validity. This consent requirement applies in any case, especially even if Obermaier, with knowledge of the buyer's GTC, should unconditionally execute the delivery to him.

(3) The customer is a consumer if he concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity (cf. § 13 BGB). A business owner, on the other hand, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (cf. § 14 BGB).

§ 2 Conclusion of Contract

(1) The customer can select from Obermaier's product range, in particular bathroom equipment and clothing items (e.g. soaps or towels), and collect them in a so-called shopping cart using the "add to cart" button. By clicking the "order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the "accept GTC" button and thereby includes them in his offer.

Obermaier will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by Obermaier and does not constitute acceptance of the offer. The contract is only concluded by the submission of the declaration of acceptance by Obermaier, which is sent with a separate e-mail ("order confirmation").

(2) Catalogs, product descriptions sent by Obermaier, or products presented in the online shop www.obermaier.de do not constitute an offer in the legal sense, but merely an "invitatio ad offerendum", i.e. an invitation to the customer to submit an offer.

§ 3 Availability of Goods

(1) If at the time of the customer's order no copies of the selected product are available, Obermaier will inform the customer immediately in the order confirmation. If the product is permanently unavailable, Obermaier will refrain from a declaration of acceptance. In this case, a contract will not be concluded.

(2) If the product designated by the customer in the order is only temporarily unavailable, Obermaier will also inform the customer immediately in the order confirmation.

§ 4 Retention of Title

The delivered goods remain the property of Obermaier until full payment has been received.

§ 5 Prices; Shipping and Shipping Costs

(1) All prices stated by Obermaier include the statutory value-added tax currently in force.

(2) No shipping costs apply if the order sum is €50.00 or more and the delivery is within Germany.

Exception: For bathtubs, shipping costs by freight forwarder are determined according to expenditure or are sent freight collect.

(3) For order sums under €50.00 within Germany, €4.50 shipping costs are charged. Exception: For bathtubs, shipping costs by freight forwarder are determined according to expenditure or are sent freight collect.

(4) Shipping costs for other countries upon request.

§ 6 Payment Terms

(1) The customer has the following payment options:

– Payment by credit card (Visa, MasterCard, AMEX) as well as PayPal, Apple Pay, Google Pay and other payment options supported by Stripe.

For credit card payments using VISA and MasterCard, you must enter your credit card number, expiration date, and the three-digit security code. Your security code provides additional security for online payments 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 panel.

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 via giropay or eps

With giropay, you can pay easily, quickly and securely via online transfer with PIN and TAN.

We will direct you directly to the online banking of your bank or savings bank. Please keep your

online banking access data ready to complete the payment.

(2) The customer is free to pick up the goods directly from Obermaier at its business premises and pay in cash. Of course, in this case, no shipping costs will be incurred.

§ 7 Delivery Conditions

(1) Delivery will be made by a parcel service to the delivery address specified by the customer.

(2) The delivery time for the goods is approx. 5 working days, whereby the delivery time only begins upon receipt of payment by Obermaier.

§ 8 Right of Withdrawal for Consumers & Withdrawal Form

Consumers have a right of withdrawal according to 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 professional activity:

A. Right of Withdrawal Instruction

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods. 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 sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

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 for checking the quality, characteristics and functioning of the goods.

Exclusion or premature expiration 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 be quickly 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 personal needs of the consumer.

The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

General Information

(1) Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging with all accessories and all packaging components if possible. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.

(2) Please do not send the goods back to us freight collect if possible.

(3) Please note that the aforementioned clauses 1-2 are not prerequisites for the effective exercise of the right of withdrawal.

B. Withdrawal Form

If you wish to withdraw from the contract, please complete this form (Download) and send it back to us.

Obermaier Bäder München GmbH

Salvatorstraße 2

80333 Munich

Germany

Fax: +49 (89) 242 088 20

E-Mail: mail(at)obermaier.de

§ 9 Cost-Bearing Agreement upon Exercising the Right of Withdrawal according to § 8

In the event of withdrawal, the customer shall bear the regular costs of returning the goods if the delivered goods correspond to those 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 of consumers for the delivery of new goods is two years, and for used goods one year.

(3) For entrepreneurs, the limitation period for warranty claims for newly manufactured goods and for used goods is one year.

§ 11 Liability

(1) Obermaier's liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to the customer's life, body and health, claims for breach of cardinal obligations, i.e. obligations arising from the nature of the contract and whose breach jeopardizes the achievement of the contract purpose, as well as compensation for damages 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 shall only be liable for foreseeable damages typical for the contract if these were caused by simple negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health.

(3) The limitations 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 fraudulent misrepresentation remain unaffected.

§ 12 Transferability

The customer may not transfer the rights and obligations under this contract to third parties without the prior written consent of the provider.

§ 13 Data Processing Information

(1) Obermaier collects customer data within the framework of contract processing. Obermaier naturally complies with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, Obermaier will only collect, process or use the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider will not use the customer's data for advertising or market research purposes.

(3) Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the privacy policy, which is available on Obermaier's website (www.obermaier.de) at any time via the "Privacy Policy" button in printable form.

§ 14 Choice of Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply exclusively. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) If the customer, as a consumer, does not have a general place of jurisdiction in Germany or 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 invalid, the validity of the remaining provisions shall not be affected thereby.

Information on the Battery Act:

In connection with the sale of batteries and accumulators and devices containing batteries or accumulators, we hereby inform you of the following in accordance with § 18 of the Battery Act (BattG). The following notice is directed at those who use batteries or products with built-in batteries and no longer resell them in the form supplied to them (end-users).

I. Batteries and accumulators must not be disposed of with household waste. You are legally obliged to return old batteries so that proper disposal can be ensured. You can hand in old batteries at a municipal collection point or at local retailers. We, as distributors of batteries, are also obliged to take back old batteries, whereby our obligation to take back is limited to old batteries of the type that we carry or have carried as new batteries in our product range. Old batteries of the aforementioned type can therefore either be returned to us with sufficient postage or handed in free of charge directly at our shipping warehouse at the following address:

Obermaier Bäder München GmbH

Salvatorstraße 2

80333 Munich.

II. Batteries and accumulators containing harmful substances are clearly marked with the symbol of a crossed-out waste bin. Such batteries and accumulators must not be disposed of with household waste.

Furthermore, below the symbol of the crossed-out waste bin, the chemical name of the corresponding harmful substances is indicated, with the following meaning:

– Pb = battery/accumulator contains lead;

– Cd = battery/accumulator contains cadmium;

– Hg = battery/accumulator contains mercury.

Customer Information

§ 1 Information on the Identity of the Seller

Obermaier Bäder München GmbH

Salvatorstraße 2

80333 Munich

Authorized Managing Director: Josef Obermaier

Telephone: +49 (89) 242 088-0

Fax: +49 (89) 242 088 20

E-mail address: mail(at)obermaier.de

Commercial Register: Registry Court AG Munich

Registration Number: 90276

VAT ID No.: 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 provided by Obermaier.

§ 3 Information on the technical means for identifying and correcting input errors

Before sending the order, the customer can change and view the data at any time, so that he can identify and correct any input errors before submitting his order. Correction is done using the usual keyboard and mouse functions.

§ 4 Information on the Conclusion of the Contract

The conclusion of the contract has been described in the General Terms and Conditions (cf. A. § 2) Obermaier.

§ 5 Information on the individual steps leading to the conclusion of the contract

In order for the customer to submit his offer in the Obermaier online shop (cf. 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 item in the virtual shopping cart ("Add to cart");

(5.2) Clicking the "Proceed to checkout" button;

(5.3) Logging in to the Obermaier online shop, if an account already exists, using "email address" and "password" or - if an account does not yet exist - re-registering by opening a customer account; it is also possible to order as a "guest", i.e. without registration;

(5.4) Entering the billing address and, if applicable, a different delivery address;

(5.5) Selecting the desired shipping method and payment method;

(5.6) Summary of order data;

(5.7) Submitting the order as a binding offer from the customer by clicking the "ORDER WITH OBLIGATION TO PAY" button.

(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 stored by Obermaier and sent to the customer by e-mail to the e-mail address provided by the customer after placing his order (along with the Obermaier General Terms and Conditions, the cancellation policy, the sample cancellation form, and the customer information) in text form. In addition, the contract text will be archived on the Obermaier homepage and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data, provided the customer has such a user account. Otherwise,

the contract text can no longer be retrieved by the customer from the Obermaier homepage after placing his order.

§ 7 Information about the language available for the conclusion of the contract

Only the German language is available for concluding the contract.

§ 8 Information on the total price of the goods or services, shipping costs and other costs

(8.1) The prices stated by Obermaier are total prices and include the statutory value-added tax. These can be found on the respective product pages.

(8.2) Obermaier points out that additional costs may arise for cross-border deliveries, for which Obermaier is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties (e.g. customs duties).

(8.3) The applicable shipping costs have been presented in A. (4.2) of Obermaier's General Terms and Conditions. These will also be displayed to the customer again after clicking the "Proceed to checkout" button and as part of the summary of the order data, and accordingly before submitting his binding order.

§ 9 Information on the costs for the use of the remote communication medium used for the conclusion of the contract

Only the costs for the mere use of the remote communication medium are incurred. No additional costs are incurred.

§ 10 Information on Payment and Delivery

(10.1) Payment shall be made in accordance with A. § 5 of Obermaier's General Terms and Conditions.

(10.2) Delivery shall be made in accordance with A. (4.2) of Obermaier's General Terms and Conditions, whereby parcel-compatible goods are shipped by parcel service, and non-parcel-compatible items (bathtubs) by freight forwarder.

§ 11 Information on Handling Complaints

Customer complaints will be processed immediately and can be addressed to Obermaier using the contact details provided.

Online Dispute Resolution

Possibility of Online Dispute Resolution (EU Regulation No. 524/2013)