AGB

General Terms and Conditions with Customer Information 

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Warranty (Liability for Defects)
  8. Liability
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Jurisdiction
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Schwarzwaldwässerle GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods presented in the Seller’s online shop. Any incorporation of the Customer’s own terms is hereby excluded unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to his commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit his offer via the online order form integrated in the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer with respect to the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the Customer may also submit his offer by e-mail, via an online contact form, or by telephone to the Seller.

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 the Customer’s receipt of the order confirmation shall be decisive, or
  • by delivering the ordered goods to the Customer, whereby the Customer’s receipt of the goods shall be decisive, or
  • by requesting payment from the Customer after submission of his order.

If several of the aforementioned alternatives occur, the contract shall be concluded at the time when one of these alternatives first takes effect. The acceptance period begins on the day following the dispatch of the Customer’s offer and ends with the expiration of the fifth day following the dispatch. If the Seller does not accept the Customer’s offer within the stated period, the offer shall be deemed rejected, and the Customer shall no longer be bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that finalizes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing will be carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that finalizes the ordering process he simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the finalizing button.

2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and is transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted his order. No further access to the contract text will be provided by the Seller.

2.7 Before submitting his order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. A useful technical aid for detecting input errors may be the browser’s magnification function, which enlarges the display on the screen. The Customer may correct his inputs using the usual keyboard and mouse functions during the electronic ordering process until he clicks the button that finalizes the ordering process.

2.8 The German language shall be used for the conclusion of the contract.

2.9 Order processing and contact are usually carried out via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, if the Customer uses SPAM filters, he must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise indicated in the Seller’s product description, the prices stated are total prices, including the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.3 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered by the payment service "PayPal" is selected, payment processing will be carried out via PayPal, whereby PayPal may also employ the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which he advances payment to the Customer (e.g., invoice purchase or installment payment), he assigns his payment claim to PayPal or to the specifically named payment service provider commissioned by PayPal. Prior to accepting the Seller’s assignment declaration, PayPal or the commissioned payment service provider shall conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the commissioned payment service provider with discharge of the Customer’s obligation. However, even in the case of the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5 If the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer’s bank account is debited. Further information on the "SOFORT" payment method can be obtained on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered by the payment service "Shopify Payments" is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use additional payment services, for which special payment terms may apply and which the Customer will be informed of separately if applicable. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If the payment method "Invoice Purchase" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period specified on the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "Invoice Purchase" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In such cases, the Seller will inform the Customer of the corresponding payment limitation in the payment information provided in the online shop.

4.8 If a payment method offered by the payment service "Klarna" is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as the terms and conditions of Klarna can be viewed here:

https://schwarzwaldwaesserle.de/checkouts/cn/thank_you

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address provided in the Seller’s order process shall be decisive. Notwithstanding the foregoing, if the payment method PayPal is selected, the delivery address stored by the Customer at the time of payment via PayPal shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of reshipping if the Customer effectively exercises his right of withdrawal. In the case of the effective exercise of the right of withdrawal by the Customer, the regulation on return shipping costs as specified in the Seller’s withdrawal policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated for shipping. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, for consumers the risk of accidental loss or accidental deterioration of the sold goods shall also pass to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated for shipping, if the Customer has commissioned the carrier, freight forwarder, or the designated person or institution and the Seller has not previously named that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and if the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller advances performance, he reserves the right of ownership in the delivered goods until full payment of the purchase price due.

7) Warranty (Liability for Defects)

Unless otherwise provided by the following provisions, the statutory warranty provisions shall apply. Notwithstanding the foregoing, in contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from the delivery of the goods;
  • for used goods, the rights and claims due to defects are excluded;
  • the limitation period does not restart if a replacement delivery is made under warranty.

7.2 The above liability limitations and shortened limitation periods shall not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods that have been used in accordance with their usual purpose for a building and which have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 377 HGB, he is subject to the commercial examination and complaint obligation pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, he is requested to report any goods delivered with obvious transport damage to the carrier and to notify the Seller thereof. Failure by the Customer to do so shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory, including tortious, claims as follows:

8.1 The Seller shall be liable without limitation for any legal basis

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • based on a warranty promise, unless otherwise stipulated,
  • based on strict liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, his liability shall be limited to the typical, foreseeable damage, unless unlimited liability is provided for pursuant to the preceding paragraph. Essential contractual obligations are those obligations imposed on the Seller by the contract in order to achieve its purpose, the fulfillment of which is necessary for the proper performance of the contract and on which the Customer may regularly rely.

8.3 In all other respects, the Seller’s liability is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional actions with a specified validity period 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.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is indicated in the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed prior to the conclusion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to cover the difference.

9.7 The balance of a Promotional Voucher shall neither be paid out in cash nor accrue interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid wholly or partly with the Promotional Voucher under his statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may, with discharge effect, make payment to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the non-entitlement, incapacity to contract, or lack of authorization of representation of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop, unless otherwise specified in the voucher.

10.2 Gift Vouchers and any remaining balance on Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Any remaining balance will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed prior to the conclusion of the ordering process. Subsequent offsetting is not possible.

10.4 Multiple Gift Vouchers can be redeemed in a single order.

10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to cover the difference.

10.7 The balance of a Gift Voucher shall neither be paid out in cash nor accrue interest.

10.8 The Gift Voucher is transferable. The Seller may, with discharge effect, make payment to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the non-entitlement, incapacity to contract, or lack of authorization of representation of the respective holder.

11) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) 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 shall be the registered office of the Seller. If the Customer is located outside the territory of the Federal Republic of Germany, the registered office of the Seller shall be 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. However, in the aforementioned cases, the Seller shall in any event be entitled to bring proceedings in the court of the Customer’s registered office.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.