General terms and conditions and customer information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (P4P Solutions GmbH ) via the www.massagesesselwelt.de website. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods and/ or the provision of repair services and/or the provision of assembly services.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract shall be 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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order". (or similar designation) and the input of the personal data as well as the payment and shipping conditions, the order data 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, giropay) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the function "back" of the Internet browser) or to cancel the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors.
(4) Insofar as stated in the respective offer, receive You will receive a draft correction from us, which you must check without delay. If you agree with the draft, you release the draft for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for errors that are not objected to.
§ 5 Service provision for repairs
(1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall perform these to the best of our knowledge and belief either personally or through third parties.
(2) You are obliged to cooperate, in particular you must describe the defect on the device as comprehensively as possible and make the defective device available.
(3) You shall bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including the dispatch of the unit, shall be carried out within 5 - 7 days after receipt of the unit to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).
(5) If you make use of your right of termination in accordance with § 648 S. 1 BGB (German Civil Code), we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet begun. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that we have actually incurred no costs or significantly lower costs.
§ 6 Term of Contract / Termination for Subscription Contracts
The extended contractual relationship may be terminated at any time with one month's notice (unless a shorter period is stipulated in the respective offer).
(3) The right to terminate without notice for good cause shall remain unaffected.
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our Internet presence ("Terminate contracts here" or similar designation).
§ 7 Special agreements on payment methods offered
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. In each case, payment will be made to Klarna:
You can find more information about Klarna and the Klarna terms of use for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(3) SEPA direct debit
When paying by SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 10-15 days after the conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a return debit note due to your fault, you must bear the bank charge incurred.
(4) Payment via "PayPal" / "PayPal Checkout".
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be 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 designated button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(5) Payment via "Stripe"
If you select a payment method offered via "Stripe", payment will be processed 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" may 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 "Stripe" at https://stripe.com/de.
§ 8 Right of retention, Retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall 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%. The selection of the securities to be released shall be incumbent upon us.
§ 9 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as you are informed by us prior to submission of the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from delivery of the goods. The above limitation shall not apply:
(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b ) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. 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 of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be 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 shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon 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 shall expressly not apply.
II. customer information
1. identity of the seller
P4P Solutions GmbH
Max-Holder-Str. 25
73630 Remshalden
Germany
Phone: 0715120525995
E-Mail: info@massagesesselwelt.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/en/downloads/buyer-seal/buyer's seal-certification criteria.pdf .
4.2 We have subjected ourselves to the quality criteria of Trusted Shops GmbH, viewable 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 stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
6.4. Costs incurred for the transfer of funds (Transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The methods of payment available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.
7. delivery conditions
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, 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 any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. termination
9.1. Information on the termination of the contract as well as the terms of termination can be found in the regulations on "Installation Services" in our General Terms and Conditions (Part I) as well as in the respective offer.
9.2. Information on the termination of the contract as well as the terms of termination can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I) as well as in the respective offer.
10. contract term / termination
Information on the term of the contract as well as the terms of termination can be found in the regulation "Contract Term / Termination for Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/en/services/legal security/agb service .
last update: 29.11.2023
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (P4P Solutions GmbH ) via the www.massagesesselwelt.de website. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods and/ or the provision of repair services and/or the provision of assembly services.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract shall be 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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order". (or similar designation) and the input of the personal data as well as the payment and shipping conditions, the order data 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, giropay) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the function "back" of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors.
(4) Insofar as stated in the respective offer, receive You will receive a draft correction from us, which you must check without delay. If you agree with the draft, you release the draft for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for errors that are not objected to.
§ 4 Performance of assembly services
(1) Insofar as assembly services are the subject matter of the contract, we owe the assembly work resulting from the service description. We shall perform this work personally or through third parties to the best of our knowledge and belief.
(2) The service shall be provided on the agreed dates.
(3) You are obliged to cooperate. In particular, you shall provide the opportunity to enter the premises in a walk-in and reasonably hazard-free condition at the time of the provision of the installation services. Furthermore, you are obliged to provide us with electrical power and water, if necessary. We are entitled to terminate the part of the contract concerning the provision of installation services in accordance with § 643 BGB (German Civil Code) if you fail to comply with your obligations to cooperate. For this purpose, we shall set you a reasonable deadline during which you can make up for the necessary cooperation.
(4) If you make use of your right of termination in accordance with § 648 S. 1 BGB (German Civil Code), we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet begun. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that we have actually incurred no costs or significantly lower costs.
(1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall perform these to the best of our knowledge and belief either personally or through third parties.
(2) You are obliged to cooperate, in particular you must describe the defect on the device as comprehensively as possible and make the defective device available.
(3) You shall bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including the dispatch of the unit, shall be carried out within 5 - 7 days after receipt of the unit to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).
(5) If you make use of your right of termination in accordance with § 648 S. 1 BGB (German Civil Code), we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet begun. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that we have actually incurred no costs or significantly lower costs.
§ 6 Term of Contract / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us shall have the term stated in the respective offer, hereinafter referred to as "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the Subscription Agreement is not terminated by one of the parties one month prior to the expiration of the basic term (unless a shorter term is stipulated in the respective offer), it shall be tacitly extended for an indefinite period.
The extended contractual relationship may be terminated at any time with one month's notice (unless a shorter period is stipulated in the respective offer).
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our Internet presence ("Terminate contracts here" or similar designation).
§ 7 Special agreements on payment methods offered
(1) Payment by SOFORT / Sofortüberweisung
If you select the payment method Sofort / Sofortüberweisung, the payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). Prerequisite for the use of the payment method by SOFORT is that you have an online banking account activated for this purpose. During the payment process in the context of the order you have to legitimize yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at https://www.klarna.com/sofort/.
(2) Payment via KlarnaIn cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. In each case, payment will be made to Klarna:
- Invoice ("Pay Later"): The Klarna Invoice Terms and Conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms and conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
You can find more information about Klarna and the Klarna terms of use for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(3) SEPA direct debit
When paying by SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 10-15 days after the conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient coverage of the account on the due date. In the event of a return debit note due to your fault, you must bear the bank charge incurred.
(4) Payment via "PayPal" / "PayPal Checkout".
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be 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 designated button on our Internet presence as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(5) Payment via "Stripe"
If you select a payment method offered via "Stripe", payment will be processed 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" may 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 "Stripe" at https://stripe.com/de.
§ 8 Right of retention, Retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall 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%. The selection of the securities to be released shall be incumbent upon us.
§ 9 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as you are informed by us prior to submission of the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from delivery of the goods. The above limitation shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b ) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. 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 of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be 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 shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon 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 shall expressly not apply.
II. customer information
1. identity of the seller
P4P Solutions GmbH
Max-Holder-Str. 25
73630 Remshalden
Germany
Phone: 0715120525995
E-Mail: info@massagesesselwelt.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
4.2 We have subjected ourselves to the quality criteria of Trusted Shops GmbH, viewable 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 stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
6.4. Costs incurred for the transfer of funds (Transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The methods of payment available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.
7. delivery conditions
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, 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 any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. termination
9.1. Information on the termination of the contract as well as the terms of termination can be found in the regulations on "Installation Services" in our General Terms and Conditions (Part I) as well as in the respective offer.
9.2. Information on the termination of the contract as well as the terms of termination can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I) as well as in the respective offer.
10. contract term / termination
Information on the term of the contract as well as the terms of termination can be found in the regulation "Contract Term / Termination for Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 29.11.2023