Please note: This English version is provided for your convenience only. Only the German version of these terms and conditions is legally binding. In the event of any discrepancy, the German version shall prevail.
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Terms of Delivery and Shipping
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for Assembly/Installation Services
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of SeniorBad GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by e-mail, via the online contact form, by post or by telephone.
2.3 The Seller may accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive in this respect, or
- by requesting the Customer to make payment after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (hereinafter: “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com
2.5 If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxemburg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de
2.6 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.
2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing generally takes place automatically by e-mail. The Customer must ensure that the e-mail address they have provided for order processing is correct, so that the e-mails sent by the Seller can be received at this address.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also be incurred if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which it makes advance performance vis-à-vis the Customer (e.g. purchase on account or payment in instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return consignments, or credit notes.
4.6 If the payment method easyCredit-Rechnung (easyCredit invoice) is selected, payment is processed by TeamBank AG Nürnberg (hereinafter “TeamBank AG”), to which the Seller assigns its claim against the Customer. easyCredit-Rechnung is available exclusively to consumers who have reached the age of 18. The Seller reserves the right to carry out a credit check and to refuse to provide easyCredit-Rechnung in the event of a negative check result. The Seller further reserves the right to offer easyCredit-Rechnung only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop. If easyCredit-Rechnung is provided, the purchase price must be paid to TeamBank AG without deduction within a period of 30 days from delivery of the goods. Payment with debt-discharging effect can only be made to TeamBank AG. Any objections, defences or other counter-rights with regard to the purchase price claim must, where applicable, be declared by the Customer to the Seller. TeamBank AG is only responsible for providing the easyCredit-Rechnung payment option, but not for handling complaints relating to the purchase contract.
4.7 If the payment method “PayPal Rechnung” (PayPal invoice) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the payment method “PayPal Rechnung” in the event of a negative check result. If the payment method “PayPal Rechnung” is permitted by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the Customer can only make payment with debt-discharging effect to PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return consignments, or credit notes. In addition, the General Terms of Use for PayPal’s purchase on account apply, available at https://www.paypal.com
4.8 If the payment method “PayPal Lastschrift” (PayPal direct debit) is selected, PayPal collects the invoice amount from the Customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance notification. Advance notification (“pre-notification”) is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details have been provided, or if the Customer objects to the debit although not entitled to do so, the Customer shall bear the fees incurred as a result of the chargeback by the respective credit institution if the Customer is responsible for this.
4.9 If the payment method “easyCredit-Ratenkauf” (easyCredit instalment purchase) is selected, payment is processed by TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter “TeamBank AG”), to which the Seller assigns its payment claim. Before accepting the Seller’s declaration of assignment, TeamBank AG carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the payment method “easyCredit-Ratenkauf” in the event of a negative check result. If the payment method “easyCredit-Ratenkauf” is permitted by TeamBank AG, the Customer must pay the invoice amount to TeamBank AG on the terms specified by the Seller, which are communicated to the Customer in the Seller’s online shop. In this case, the Customer can only make payment with debt-discharging effect to TeamBank AG. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and return consignments, or credit notes. In addition, the General Terms and Conditions for the easyCredit instalment purchase apply, which can be accessed on the internet at https://www.easycredit-ratenkauf.de
5) Terms of Delivery and Shipping
5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 For goods delivered by freight forwarder, delivery is made “free kerbside”, i.e. up to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in this respect in the Seller’s withdrawal policy applies to the return costs.
5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even in the case of consumers, as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.5 If the Customer acts as a consumer with their place of residence in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be refunded without undue delay.
5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods at the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. In derogation from this, the following applies to contracts for the supply of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for claims for defects is one year from delivery of the goods;
- in the case of used goods, rights in respect of defects are excluded;
- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortened periods set out above do not apply
- to claims of the Customer for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, the Customer is requested to report delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise provided in this respect,
- on the basis of mandatory liability, such as under the Produkthaftungsgesetz (German Product Liability Act).
8.2 If the Customer acts as a consumer with their place of residence in Germany or as an entrepreneur, the following limitations of liability apply:
If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it is liable without limitation in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, any liability of the Seller is excluded, unless it is liable without limitation in accordance with the preceding clause.
8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special Conditions for Assembly/Installation Services
If, according to the content of the contract, the Seller owes, in addition to the delivery of goods, the assembly or installation of the goods at the Customer’s premises as well as, where applicable, corresponding preparatory measures (e.g. taking measurements), the following applies:
9.1 The Seller provides its services, at its discretion, in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s service description, the Customer is not entitled to select a specific person to carry out the desired service.
9.2 The Customer must provide the Seller with the information required for the provision of the service owed completely and truthfully, unless, according to the content of the contract, obtaining such information falls within the Seller’s scope of obligations.
9.3 After conclusion of the contract, the Seller will contact the Customer in order to arrange an appointment for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by it has access to the relevant facilities of the Customer at the agreed appointment.
9.4 The risk of accidental loss and accidental deterioration of the goods sold only passes to the Customer upon completion of the assembly work and handover to the Customer.
10) Redemption of Promotional Vouchers
10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
10.4 Several Promotional Vouchers may also be redeemed for one order.
10.5 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.
11) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
12) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s registered office.
13) Code of Conduct
- The Seller has submitted to the conditions of participation of the e-commerce initiative “Fairness im Handel” (Fairness in Trade), which can be viewed on the internet at https://www.fairness-im-handel.de
14) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
