General Terms and Conditions for the Online Shop of SPA CONCEPTS
§ 1 Scope of application, customer information
- The following General Terms and Conditions (GTC) in the version valid at the time of the order regulate the contractual relationship between the parties.
Proprietor: Elif Arslan
Germany Telephone: +49 (0)221 16909527
Email: firstname.lastname@example.org(hereinafter: „SPA CONCEPTS “) and customers (hereinafter: “Customer”) who order goods using this online shop.
The client can view these GTC at any time using the web address spa-concepts.de/en/trade-terms/, print them out with the help of an Internet browser and save them on his computer.
- Deviating, conflicting or supplementary GTCs of the customer shall not become part of the contract unless their validity is expressly agreed to in writing (Section (126) of the German Civil Code (BGB).
- The language of the contract is German.
§ 2 Conclusion of contract
- The customer must be 18 years of age to place an order. For customers under the age of 18, the consent of their legal representative is required.
- The presentation of the products in the online shop www.spa-concepts.de does not represent a legally binding offer, but a non-binding invitation to the customer to order goods from the catalogue. He/she can select products from this catalogue and view them in a detailed description by clicking on the article description or – by moving the mouse over the product illustration – clicking on the “Details” button. If, on the other hand, the customer chooses the “Add to shopping cart” button, he/she can immediately place the product in a so-called shopping cart. If he/she accesses the detailed description, he/she can determine the desired quantity of the product and place the goods in the shopping cart using the “Add to shopping cart” button. Subsequently he/she shall receive the automatic message that the goods are now in the shopping cart.
The customer now has the possibility to change the number of selected products and to update the shopping cart by pressing “Update shopping cart” button. The customer can end his/her selection by clicking the “Continue to checkout” button. The shopping cart also allows for the removal of goods if necessary.
- In the next step, the customer is called upon to enter his/her contact data (including name, address, e-mail address) and to create a customer account by creating a password. By means of the “Continue” button, he/she has the option to set a check mark in front of “Send delivery to another address” to indicate a different delivery address and to make comments on his/her order under “Order note”. After clicking the “Continue” button, the customer is taken to the selection of the payment method. At the same time, the goods selected by him/her are displayed in an order overview. After accepting these GTC, the revocation provisions and the data protection information, the customer submits a binding offer to conclude a purchase contract by pressing the “Buy Now” button.
- The contract is concluded if SPA CONCEPTS accepts the offer of the customer within three days by sending an order confirmation by e-mail, has executed the order or begins with the execution of the order. The automatically sent confirmation of receipt of the order does not constitute a declaration of acceptance. A registration in the online shop does not justify any claim to an acceptance of contract by SPA CONCEPTS.
§ 3 Storage of the offer text
The contract text with details of the article is stored by SPA CONCEPTS. The customer has no access to the contract text by using the Internet, but can call up the order data in the customer account.
§ 4 Correction note
The customer can correct his/her entries at any time before submitting the order by using the back button of the browser or by returning to the shop by pressing on the SPA CONCEPTS logo restarting the ordering process if necessary.
§ 5 Prices / terms of delivery, shipping and payment
- There is a minimum order value of EUR 50.00.
- All prices are in Euros and include the German legal value added tax. Shipping costs are not included. The customer can inform himself/herself about these at any time by means of “Terms of delivery and payment” link.
The system calculates the shipping costs within the framework of the order so that these can be seen in the order overview at the end of the order process.
- Payment can be made in advance, by credit card or by PayPal.
- In case of prepayment, the goods will be shipped only after complete receipt of money by SPA CONCEPTS. If a credit card debit should not be possible due to a circumstance within the sphere of the customer, SPA CONCEPTS shall be entitled to charge the customer a reasonable processing fee. The customer shall have the right to prove that no damage or less damage has been incurred.
- SPA CONCEPTS does not reserve the goods ordered. If in the meantime the product is sold out at the time of the complete payment and a delay in delivery is caused, SPA CONCEPTS will inform the customer immediately.
- The indication of the delivery time in the order process is valid for deliveries within Germany. The delivery period is subject to the receipt of payment. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of this day. If SPA CONCEPTS should fail to meet an agreed delivery date, the customer shall set a reasonable grace period, which shall in no case be less than two weeks.
- SPA CONCEPTS organizes the transport exclusively by professional forwarding agents and/or parcel delivery companies.
- If not all products are in stock, SPA CONCEPTS is entitled to partial deliveries at its own expense, as far as this is reasonable for the purchaser.
- If a delivery of the ordered goods by SPA CONCEPTS is not possible without own fault because the supplier of SPA CONCEPTS does not fulfil his contractual obligations, SPA CONCEPTS is entitled to withdraw from the contract if SPA CONCEPTS has concluded a congruent covering transaction with the supplier (binding, timely and sufficient order of the goods) and if SPA CONCEPTS is not responsible for the non-delivery of the goods in any other way. In such a case SPA CONCEPTS will inform the customer immediately that the ordered goods are not available. Any payments already made by the customer will be refunded immediately.
- If fulfilment of the delivery obligations should not be possible due to force majeure, the delivery period shall be extended accordingly. SPA CONCEPTS will also inform the client about this immediately.
- The customer affirms that he/she has provided the correct delivery address. If due to an incorrect delivery address repeated costs should occur for a new dispatch of the ordered commodity, these shall be borne by the buyer.
- In the event that the purchase contract is reversed, SPA CONCEPTS will refund amounts already paid by the customer within 14 days at the latest, provided that SPA CONCEPTS has already received the goods back or the customer provides proof that he has sent the goods. The refund will be made by the same means as the payment. If payment has been made in advance or on account, the customer must provide the bank details.
§ 6 Revocation instructions / right of revocation for consumers
In the cases provided for by the legislator, the customer, who is a consumer within the meaning of Section (13) of the German Civil Code (BGB), is entitled to a right of revocation. The customer will find the revocation instructions as well as information about the consequences of the revocation by using the “Right of revocation & form” link on www.spa-concepts.de.
§ 7 Return costs
Unless otherwise agreed, the customer shall bear the direct costs of a return shipment. He will also be informed about this when using the “Right of revocation & form” link.
§ 8 Retention of title
- The object of purchase shall remain the property of SPA CONCEPTS until full payment has been made. This shall also apply in the event that a credit card debit cannot be made due to circumstances within the sphere of the customer.
- Before transfer of ownership, pledging, transfer by way of security, processing or transformation of the object of purchase is not permitted without the consent of SPA CONCEPTS.
- The client must immediately inform SPA CONCEPTS in writing of all access by third parties, in particular of execution measures and other impairments of property. The client has to compensate SPA CONCEPTS for all damage and costs which result from a violation of this obligation and from necessary intervention measures against access by third parties. The same applies to damage and costs arising from a reverse settlement of the contract due to default in payment.
§ 9 Warranty claims
- Consumers as customers
Claims by consumers due to defects in used goods are subject to a limitation period of one year after the delivery of the goods sold. Otherwise, the statutory provisions shall apply.
- Entrepreneurs as customers
- Warranty claims of customers who are entrepreneurs within the meaning of Section (14) BGB shall become statute-barred one year after the transfer of risk. Excluded from this are the cases in which SPA CONCEPTS acts intentionally or fraudulently or a guarantee of the item’s condition has been given.
- The entrepreneur as customer has to examine the object of purchase immediately after receipt of the goods with reasonable care under the given circumstances and to notify SPA CONCEPTS in writing of obvious material defects without culpable hesitation. Non-obvious defects must be notified after their discovery without culpable delay. Timely dispatch is sufficient to meet the deadline.
- SPA CONCEPTS has the choice in case of a material defect to carry out supplementary performance by rectification or replacement delivery at its reasonable discretion. Replaced parts shall become the property of SPA CONCEPTS. If the entire object of purchase is exchanged by way of supplementary performance, SPA CONCEPTS has a claim against the customer for compensation for use of the returned object.
- Otherwise, the statutory provisions shall apply.
- The provisions of Chapter (12) shall apply to any claims for damages and reimbursement of expenses on the part of the customer, irrespective of whether entrepreneur or consumer.
§ 10 Data protection
The protection of the customer’s personal data during collection, processing and use whilst his/her visit to the SPA CONCEPTS homepage is an important concern of SPA CONCEPTS. SPA CONCEPTS complies with the provisions of the German General Data Protection Regulation (DSGVO), the German Federal Data Protection Act and any other applicable data protection regulations. Further information on the type, scope, location and purpose of the collection, processing and use of the data collected can be found in the data protection declaration, which can be accessed at any time by using the “Data protection” link.
§ 11 Limitation of liability
- SPA CONCEPTS is only liable for damage caused by slight negligence as far as these are based on the violation of essential contractual obligations (cardinal obligations), damage caused by the injury of life, body or health or claims according to the German product liability law or a quality guarantee assumed by us. Cardinal obligations are such obligations, the fulfilment of which is essential for the proper execution of the contract, and the observance of which the contractual partner could rely on.
- The liability of SPA CONCEPTS for simple negligence according to this regulation is limited to the typically foreseeable damage. This also applies to damage caused by delay due to slight negligence.
- The provisions of the above paragraphs shall also apply mutatis mutandis to a limitation of compensation for futile expenses (Section (284) BGB).
- The above limitations of liability also apply in favour of vicarious agents and legal representatives of SPA CONCEPTS.
§ 12 Picture rights / picture representations
- If the articles contain pictures, SPA CONCEPTS owns the rights to the respective picture. Any use of the pictures without the express permission of SPA CONCEPTS shall be prohibited.
- The pictures used to describe the goods are sample photos. These do not always represent the article faithfully, but serve to illustrate it. Depending on the screen used, colours and sizes in particular can be displayed differently. The description of the respective article is decisive.
§ 13 Advertising purposes / lotteries
The use of the articles for advertising purposes as well as in the context of lotteries is only permitted with the prior consent of SPA CONCEPTS.
§ 14 Online dispute resolution for consumers
As a consumer within the meaning of Section (13) BGB, the online dispute resolution portal of the European Commission can be visited in the event of problems with contracts concluded online: http://ec.europa.eu/consumers/odr/.
In accordance with Section (36) of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG), we inform you that we are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
§ 15 Final provisions
- German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions to the contrary apply.
- The exclusive place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be Cologne.
- If individual provisions of these GTC should be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same shall apply accordingly in the event that the contract proves to be incomplete.