{"id":979,"date":"2019-11-19T18:27:42","date_gmt":"2019-11-19T17:27:42","guid":{"rendered":"https:\/\/2020.obermaier.de\/?page_id=979"},"modified":"2021-11-26T20:33:10","modified_gmt":"2021-11-26T19:33:10","slug":"agb","status":"publish","type":"page","link":"https:\/\/obermaier.de\/en\/agb\/","title":{"rendered":"Terms and Conditions (GTC)"},"content":{"rendered":"
General terms and conditions of Obermaier B\u00e4der M\u00fcnchen GmbH for the online shop<\/strong><\/p>\n\n\n\n Go to Terms and Conditions<\/a><\/p>\n\n\n\n Go to cancellation policy and cancellation form<\/a><\/p>\n\n\n\n Go to customer information<\/a><\/p>\n\n\n\n Go to Online Dispute Resolution<\/a><\/p>\n\n\n\n \u00a7 1 General, Scope<\/strong><\/p>\n\n\n\n (1) These general terms and conditions (hereinafter: "GTC") apply to all business relationships between Obermaier B\u00e4der M\u00fcnchen 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.<\/p>\n\n\n\n (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.<\/p>\n\n\n\n (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. \u00a7 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. \u00a7 14 BGB).<\/p>\n\n\n\n \u00a7 2 conclusion of contract<\/strong><\/p>\n\n\n\n (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 \u201cadd to shopping cart\u201d button. The customer submits a binding application to purchase the goods in the shopping cart via the \u201corder for a fee\u201d 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.<\/p>\n\n\n\n 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") .<\/p>\n\n\n\n (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 .<\/p>\n\n\n\n \u00a7 3 availability of goods<\/strong><\/p>\n\n\n\n (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.<\/p>\n\n\n\n (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.<\/p>\n\n\n\n \u00a7 4 retention of title<\/strong><\/p>\n\n\n\n The delivered goods remain the property of Obermaier until they have been paid for in full.<\/p>\n\n\n\n \u00a7 5 prices; Shipping and shipping costs<\/strong><\/p>\n\n\n\n (1) All prices quoted by Obermaier include the applicable statutory sales tax.<\/p>\n\n\n\n (2) There are no shipping costs if the order total is 50.00\u20ac or more and the delivery is within Germany.<\/p>\n\n\n\n Exception: In the case of bathtubs, the shipping costs are determined by a forwarding agency based on expenditure or are sent freight collect.<\/p>\n\n\n\n (3) Under \u20ac 50.00 order total, \u20ac 4.50 shipping costs will be charged within Germany. Exception: For bathtubs, the shipping costs will be calculated according to expenditure or sent carriage forward.<\/p>\n\n\n\n (4) The shipping costs for other countries on request.<\/p>\n\n\n\n \u00a7 6 payment modalities<\/strong><\/p>\n\n\n\n (1) The following payment methods are available to the customer:<\/p>\n\n\n\n - Payment by credit card (Visa, MasterCard, AMEX) as well as PayPal, Apple Pay, Google Pay and other payment options supported by Stripe.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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).<\/p>\n\n\n\n - Payment by giropay or eps<\/p>\n\n\n\n With giropay you pay easily, quickly and securely via online transfer with PIN and TAN.<\/p>\n\n\n\n We will lead you directly to the online banking of your bank or savings bank. Please keep your<\/p>\n\n\n\n Online banking credentials ready to make the payment.<\/p>\n\n\n\n (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.<\/p>\n\n\n\n \u00a7 7 delivery conditions<\/strong><\/p>\n\n\n\n (1) Delivery is made by a parcel service to the delivery address specified by the customer.<\/p>\n\n\n\n (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.<\/p>\n\n\n\n \u00a7 8 Cancellation Policy for Consumers & Cancellation Form<\/strong><\/p>\n\n\n\n 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:<\/p>\n\n\n\n A. Cancellation policy<\/em><\/strong><\/p>\n\n\n\n Right of withdrawal<\/p>\n\n\n\n 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 B\u00e4der M\u00fcnchen GmbH, Salvatorstrasse 2, 80333 Munich,<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Consequences of the withdrawal<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Exclusion or premature expiry of the right of withdrawal<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n