Terms of service

General terms and conditions

1. Scope

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 his commercial or independent professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Duschkraft GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French, Dutch, Spanish.

We store the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices may still be shipping costs. More detailed provisions on any shipping costs you will find in the offers.

We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

5. Payment

In our store you can basically use the following payment methods:

Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment..

Credit card
In the order process you enter your credit card details. Your card will be charged immediately after placing the order.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and in the order process.

PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

Credit card via PayPal
Your card will be charged by PayPal after the goods are shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any business day except Saturdays, federal public holidays, and December 24 and 31 of each year. You will receive further instructions in the order process.

Cash payment upon collection
You pay the invoice amount in cash at the time of collection.

6. Right of withdrawal

You are entitled to the statutory right of cancellation as described in the cancellation policy.

7. Retention of title​​​​​​​

The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage​​​​​​​

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

9.1 Defect liability law

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
  
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  
• in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and
• on the compliance with which the contractual partner may regularly rely (cardinal obligations)
  
• within the scope of a guarantee promise, if agreed, or
  insofar as the scope of application of the Product Liability Act is opened.

Restrictions against entrepreneurs

With respect to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Guarantees and after sales service

Information on additional warranties, if any, and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: Monday - Friday from 9 am - 4 pm

10. Liability​​​​​​​

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• in the event of injury to life, limb or health,
  
• in case of intentional or grossly negligent breach of duty,
  
• in the case of warranty promises, if agreed, or
  
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.Otherwise, claims for damages shall be excluded.

11. Code of Conduct​​​​​​​

We have submitted to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

12. Dispute Resolution​​​​​​​

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final provisions​​​​​​​

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.

General terms and conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.