- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- Descriptions and explanations necessary to understand how the service is carried out;
- a description of how the service meets relevant accessibility requirements.
(2)The contact details of the responsible market surveillance authority are as follows:
MLBF (under construction)
c/o Ministry of Labor, Social Affairs, Health and Equality Saxony-Anhalt
PO Box 39 11 55
39135 Magdeburg
Telephone:0391 567-4530
Email: MLBF@ms.sachsen-anhalt.de
(3) We may use artificial intelligence (AI) and special tools to implement accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, language, cognitive and neurological limitations. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our website.(4)Our website or our electronic commerce service is barrier-free if it can be found, accessed and used by people with disabilities in the usual way, without any particular difficulty and generally without outside help.(5) The measures to implement the accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability with the mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers (screen reading aids), customizable display options for various devices (smartphones, tablets, desktop computers, etc.).§ 3 Conclusion of the contract(1)The subject of the contract is the sale of goodsand/or the provision of repair servicesand/or the provision of assembly services.We sell the goods partly or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. Regardless of this, we are the contractual partner with all rights and obligations.(2)When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description. (3)The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar name) and after entering your personal data as well as the payment and shipping conditions, the order details will finally be displayed to you as an order overview.If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4)Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is stated in the respective offer).(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.§ 4 Individually designed goods(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
(4) If stated in the respective offer, receivedWe have sent you a correction template, which you must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email).
The design work will not be carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and notifying us of any errors. We assume no liability for errors not complained about.
§ 5 Provision of assembly services
(1)If assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2)The service is provided on the agreed dates.
(3)You are obliged to cooperate. In particular, at the time the assembly services are provided, you must offer the opportunity to inspect the premises in an accessible and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water if necessary. We are entitled to terminate the part of the contract relating to the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you do not fulfill your obligations to cooperate. To do this, we will give you a reasonable period of time during which you can complete the necessary cooperation.
(4)If you exercise your right of termination in accordance with Section 648 Sentence 1 of the German Civil Code (BGB), we can demand a flat rate of 10% of the agreed remuneration if execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no costs or significantly lower costs.
§ 6 Provision of services for repairs
(1)If repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2)You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.
(3)You bear the costs of sending the defective device to us.(4)Unless otherwise stated in the respective offer, the repair, including dispatch of the device for dispatch, will take place within 5 - 7 days of receipt of the device to be repaired (if advance payment has been agreed, however, only after the time of your payment instruction).(5)If you exercise your right of termination in accordance with Section 648 Sentence 1 of the German Civil Code (BGB), we can demand a flat rate of 10% of the agreed remuneration if execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no costs or significantly lower costs.§ 7 Contract term / termination of subscription contracts
(1)The subscription contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the “basic term”. A basic term of more than 2 years cannot be agreed.
(2)If the subscription contract is not terminated by one of the parties one month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it is tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with one month's notice (unless a shorter period is specified in the respective offer).
(3)The right to termination without notice for good cause remains unaffected.(4)Any termination must be declared and transmitted either in text form (e.g. email) or via the termination button included on our website (“Cancel contracts here” or similar term).§ 8 Special agreements on offered payment methods(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:
-
Instant transfer(“Pay Now”)
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.Further information about Klarna and the Klarna terms of use for Germany can be found athttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/userandhttps://www.klarna.com/de/.(2) SEPA direct debit
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.The direct debit will be collected within 5-15 days after conclusion of the contract.The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a return debit due to your fault, you will have to pay the applicable bank fee.(3) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", 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, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. You can find more information about “PayPal” athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.(4) Payment via “Stripe”
If you select a payment method offered via "Stripe", payment processing will be carried out via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via “Stripe” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “Stripe” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. For more information about "Stripe" seehttps://stripe.com/de.§ 9 Right of retention, retention of title(1)You can only exercise a right of retention if it concerns claims from the same contractual relationship.(2)The goods remain our property until the purchase price has been paid in full.(3)If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.§ 10 Warranty(1) The statutory liability rights for defects apply.(2) If we inform you of this before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above limitation does not apply:
- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or given a guarantee for the quality of the goods.
(3)As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.(4) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.(5)If you are an entrepreneur, the following warranty provisions apply:
a)Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.
b)In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
c)The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;- for items that were used for a building in accordance with their normal use and caused its defects;- in the event of legal recourse claims that you have against us in connection with defect rights.§ 11 Choice of law, place of performance, place of jurisdiction(1)German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).(2)The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.(3)The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
P4P Solutions GmbH
Max-Holder-Str. 25
73630 Remshalden
Germany
Telephone:+49715120525995
Email: info@massagesesselwelt.de
We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. For offer requests outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Merchant Association Management AG, which can be viewed at:https://www.haendlerbund.de/de/downloads/buyer's seal/buyer's sealzertifizierungskriterien.pdf.
4.2. We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at:https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. There are no shipping costs.
6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.
6.4. Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
8. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
9. Termination
9.1. Information on termination of the contract and the termination conditions can be found in the regulations on “assembly services” in our General Terms and Conditions (Part I) and in the respective offer.
9.2. Information on the termination of the contract and the termination conditions can be found in the regulations on “repair services” in our general terms and conditions (Part I) and in the respective offer.
10. Contract term / termination
Information on the term of the contract and the termination conditions can be found in the regulation “Contract term / termination of subscription contracts” in our General Terms and Conditions (Part I) and in the respective offer.
These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at:https://www.haendlerbund.de/de/services/legal certainty/terms and conditions service.
last updated: 10/22/2024
