General terms of business for our on-line shop

§1 universal

(1) These terms of business count to all contracts, deliveries and other achievements the sanitary shop and heating shop, Heidelbergerstrasse 43, 64395 brooks Brens (below: "Salesclerk"), concerning the on-line shop www.badshop-web.de and all Sub-Domains belonging to the Domain. Divergent regulations of the customers do not count, unless, the salesclerk has confirmed this in writing. Individual agreements between the salesclerk and the customer always have precedence.
(2) The business connections between the salesclerk and the customer are defeated by the right of the Federal Republic of Germany. With consumers this legal choice only in this respect, as the not granted protection counts by compelling regulations of the right of the state in which the consumer has his usual stay, is took away. The validity of UN purchase right is excluded.
(3) The Vertragssprache is German.

(4) Legal venue is brook Brens, as far as customer businessman is or a juridical person of the public right or public law special property. The same counts if a customer has no general legal venue in Germany or the residence or usual stay are not known at the time of the complaint elevation.

§2 contract contents and contract end

(1) The salesclerk offers to the customers in the on-line shop www.badshop-web.de new goods, above all, to the purchase.
(2) With the purchase in the on-line shop a bill of sale comes about by the acceptance of the order of the customer by the salesclerk. Prize honorings in the on-line shop put nobody
(3) In addition, the customer has to request the possibility, by telephone or by e-mail, fax or letter with the salesclerk because of a definite article. On receipt of such an inquiry the salesclerk presents a suitable offer by e-mail, letter or fax to the customer. A contract comes about only when the customer accepts this offer.
(4) The contract text is stored.

 
§3 prices, forwarding expenses, sales tax and payment

(1) With orders about the on-line shop count the prices given there. All prices contain the legal sales tax.
(2) The prices get on plus forwarding expenses and packing charges which are announced to the customer before delivery of the order.
The height of the forwarding expenses depends on the weight and the measuring of the product as well as on the desired purpose: see http: // www.badshop-web.de / info_pages.php? pages_id=4

(3) The supply of the customers by them the salesclerk occurs by wish of the customer against the following payment methods: Precash (by transfer, by Paypal, [v-14-3]), against cash on delivery, high-speed train map / debit procedure, on calculation.
If the customer chooses precash by transfer, the payment at the latest 10 calender dates is due after contract end.
By delivery on calculation the payment at the latest 10 calender dates is due after calculation position.
If the payment occurs cash on delivery, the purchase price is due plus forwarding expenses and COD charges with delivery and presentation of the cash on delivery light by the commissioned transportation company.
(4) If a customer is behind with his bills of debt, salesclerk Schadensersatz can ask for the legal regulations and withdraw / or from the contract.
(5) The salesclerk issues to the customer always a calculation which is handed over him by delivery of the product or shuts, otherwise, in text form.

§4 delivery and danger crossing

(1) The ordered goods become, provided that by contract agrees not divergently, delivered to the address given by the customers. The delivery occurs from the camp of the salesclerk.
(2) The availability of the single goods is given in the article descriptions. In the camp available product the salesclerk dispatches, provided that does not agree expressly divergently, within 10 working days after contract end (with precash by transfer: within 10 working days after payment entrance). If the product is not marked with sales about the on-line shop as in stock, the salesclerk takes care of an as quickly as possible delivery. Information of the salesclerk by the term of delivery is non-binding, provided that exceptionally the date of delivery was not promised by the salesclerk obligingly.

 (3) The salesclerk reserves himself to carry out a part delivery, provided that this seems advantageous for a speedy winding up and the part delivery is unreasonable for the customer not exceptionally. By part deliveries originating add-on costs are not charged to the customer.
(4) The salesclerk reserves himself to free himself of the obligation to the fulfilment of the contract if the product is to be delivered by a supplier by the day of the delivery and the delivery ceases all or part. This selfsupply reservation counts only if the salesclerk does not have to represent the non-appearance of the delivery. The salesclerk does not have to represent the non-appearance of the achievement, as far as on time with the supplier one so-called congruent covering transaction was concluded to the fulfilment of the contract duties. If the product is not delivered, the salesclerk will inform the customer immediately about this fact and refund an already paid purchase price as well as forwarding expenses.
(5) The danger of the accidental setting and the accidental deterioration of the product goes over in the handing over on the customer. If the customer is an enterpriser, the danger of the accidental setting and the accidental deterioration of the product as well as the delay danger passes over certain person by the sending purchase already in delivery of the product to the forwarding agent, the carrier or, otherwise, for the execution of the sending.

§5 cancellation instruction

Cancellation right

They can your contract explanation within 14 days without information of reasons in text form (e.g., letter, email, fax) or – if the thing leaves to you before the deadline – by return of the thing. The term begins on receipt of this Belehrung in text form, however, not before entrance of the product with the receiver (with wieder-sweeping delivery of goods of the same kind not before entrance of the first part delivery) and also not before fulfilment of our duties of information according to article 246 §2 in connecting dung with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312 e paragraph 1 sentence 1 Civil Code in connection with Aritkel 246 §3 EGBGB. For the protection of the cancellation term it is enough timely sending of the cancellation or the thing. The cancellation is to richt in:

Funkat house technology

Karlheinz Funkat

Heidelbergerstrasse 43

64395 Brensbach

Fax: 06161-434067

Email: info@badshop-web.de

Cancellation results

In case of an effective cancellation are the achievements received on both sides zurück- zugewähren and if necessary pulled uses (to give change, e.g., interest). Can we the received achievement all or part not or in made worse To stood zurückgewähren, you must perform to us in this respect if necessary worth substitute. With the overlooking sung from things does not count this, if the deterioration of the thing exclusively on their check – as it would have been possible to you possibly in the retail shop – zurückzu-lead is. For the rest, you can do the duty to the worth substitute with one by bestim-mungsgemäße putting into use of the thing resulted deterioration avoid, while you do not take the thing like your property in use and omit from everything, what impairs their value. Paketversandfähige things are on our danger to rückzusenden. They have to carry the costs of the return, if delivered Wa-re of the ordered ones corresponds and if the price of the thing to be sent back a Be do not carry from 40 euros exceeds or if you with a higher price of the thing to Time of the cancellation yet on the consideration or by contract did not agree Hire-purchase have produced. Otherwise the return is free for them. Not paketversandfähige things are fetched with you. Obligations to allowance by payments must be fulfilled within 30 days. The term begins for you with sending your cancellation explanation or the thing, for us with their receipt.

End of the cancellation instruction

State 11/06/2010

§6 retention of title

The delivered goods remain up to fulfilment of all demands from the contract in the property of the salesclerk; in the case that the customer is a juridical person of the public right, a public law special property or an enterpriser in exercise of his commercial or independent professional activity, also, in addition, from the running business connection up to the balance of all demands which are entitled to the salesclerk in connection with the contract.

§7 compensation, retention right

(1) The right to the compensation is entitled to the customer only if his counterclaims are recognized by the salesclerk or are ascertained legally.
(2) The customer is authorized only in this respect to the exercise of a retention right when his counterclaim is based on the same contractual relationship.

§8 liability for material defect and legal faults

(1) As far as defects are, the legal guarantee rights are entitled to the customer in accordance with the following regulations.
If only businesspeople are involved in the contract, HGB count in addition §§377 following.
(2) The damages which are caused by improper actions of the customer by installation, connection, service or storage of the product found no guarantee claim against the salesclerk.
The customer can take tips to the proper treatment from the manufacturer's descriptions.          (3) Defects are to be reprimanded by the customer within a guarantee term of two years with new things or from one year with used things towards the salesclerk.
If the customer is an enterpriser, the guarantee term amounts with new things a year. With used things the guarantee is excluded towards enterprisers.
The preceding restrictions of liability do not count, as far as the salesclerk has hid a lack cunningly or has taken over a guarantee for the state of the product. The preceding restrictions of liability also do not count to a pity claims for damages of the customer which are directed upon substitute of a twill damage or health defect because of a lack to be represented by the salesclerk or are supported on intentional or roughly careless fault of the salesclerk or his fulfilment assistants.                                                                                                                               (4) If defects are and these were asserted on time, the salesclerk is entitled to the subsequent performance. If the subsequent performance misses, the customer is entitled to diminish the purchase price or to withdraw from the contract. For the rest, count the legal regulations.

§9 duties of information with damages in transit

If goods with evident damages are delivered in the packaging or in the contents, the customer should complain this regardless of his guarantee rights (§7) immediately to the forwarding agent / freight service and take up contact immediately by e-mail or in other way (fax / post) with the salesclerk, so that these any rights towards the forwarding agent freight service can protect.

§10 disclaimer of liability

(1) Beyond the liability for material defect and legal faults the salesclerk sticks unrestrictedly, as far as the damage cause is based on intention or coarse carelessness. She also sticks for the slightly careless injury of essential duties (duties, which injury the reaching of the contract purpose threatened) as well as for the injury of cardinal's duties (the duties whose fulfilment generally only allows the proper realization of the contract and on their observance the customer regularly trusted), however, in each case only for the predictable damage typical for contract. The salesclerk does not stick for the slightly careless injury more different than the preceding duties.
(2) The restrictions of liability of the preceding sales do not count by the injury of life, body and health, to a lack after takeover of a guarantee for the state of the product and with cunningly hidden defects. The liability according to the product liability law remains.                                 (3) If the liability of the salesclerk is excluded or limited, this likewise counts to the personal liability of her employees, representatives and fulfilment assistant.

§11 data protection

(1) To the customer is known and he agrees to the fact that for the winding up of the order to necessary personal data are stored by the salesclerk on data carriers. The customer agrees to the elevation, processing and use of his personal data expressly. The stored personal data are treated by the salesclerk naturally confidentially. The elevation, processing and use of the personal data of the customer occurs considering and the tele media law (TMG).
(2) The right is entitled to the customer to revoke his approval any time with effect for the future. In this case the salesclerk is obliged to the immediate deletion of the personal data of the customer. With running order processes the deletion occurs after end of the order process.