Terms and conditions Online Shop : Therme Erding

Our Online Shop T&Cs

Terms and conditions with customer information

 

1. Scope, definitions

1.1. These terms and conditions (hereinafter "T&Cs") for THERME ERDING Service GmbH, Thermenallee 1, D-85435 Erding (hereinafter the "vendor") apply for all contracts relating to the supply of goods agreed between a consumer or business person (hereinafter the "customer") and the vendor involving goods offered by the vendor in its online shop. It is hereby made clear that the customer's own conditions are not taken into account unless otherwise agreed.

 

1.2. These T&Cs similarly apply to the provision of vouchers, insofar as there is no explicit arrangement to the contrary.

 

1.3. Under the terms of these T&Cs, a consumer is a natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their professional or independent occupational activity. 

 

1.4. Under the terms of these T&Cs, a business person is a natural or legal person or legal partnership that is engaged in commercial or professional freelance activity in conducting a legal transaction.

 

1.5. Under the terms of these T&Cs, vouchers are credit notes that can be redeemed by the holder of the voucher in accordance with the redemption conditions stipulated in these T&Cs for an amount equivalent to the relevant value of the voucher, as determined by the customer, in return for any service from the vendor's offering.

 

1.6. Under the terms of these T&Cs, service vouchers are credit notes that the holder of the voucher can redeem in accordance with the redemption conditions stipulated in these T&Cs for an amount equivalent to the value of the voucher, in exchange for a specifically designated service from the vendor's offering.

 

2. Object of the contract for the sale of vouchers

The object of the contract between the customer and the vendor as covered by these T&Cs is exclusively the sale of vouchers by the vendor for specific services from the vendor in the area of leisure activities. In terms of implementing the service itself, the statutory provisions that are relevant for the specific contractual relationship are applicable in addition to any potential alternative terms stipulated by the vendor.

 

3. Conclusion of the contract

3.1. The product descriptions contained in the vendor's online shop do not constitute a binding offer on the part of the vendor, but instead serve towards a binding offer being submitted by the customer.

 

3.2. The customer can submit the offer via the integrated online order form in the vendor's online shop. After placing the chosen goods in the virtual shopping basket and going through the electronic ordering process, when the customer clicks the button to complete the order process they are submitting a legally binding contractual offer regarding the goods contained in the basket. Furthermore, the customer can also submit this offer to the vendor by telephone, fax, email or post.

 

3.3. The vendor can accept the customer's offer within five days by sending the customer a written order confirmation or an electronic text confirmation (via fax or email), whereby the receipt of the order confirmation by the customer is decisive; or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive; or by requesting payment from the customer following submission of their order. If one or more of the aforementioned alternatives applies, the contract comes into effect at the point when one of the aforementioned alternatives first occurred. The deadline period for accepting the offer begins on the day after the offer is submitted by the customer and concludes at the end of the fifth day following submission of the offer. If the vendor does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

 

3.4. When an offer is submitted via the vendor's online order form, the contract text will be stored by the vendor and sent to the customer in written form (e.g. email, fax or letter), in addition to the current T&Cs, after their order has been dispatched. However, the customer cannot retrieve the contract text via the vendor's website once the order has been submitted.

 

3.5. Before making a binding submission of the order via the vendor's online order form, the customer can spot any potential input errors by carefully reading the information displayed on the screen. The browser zoom function is an effective technical tool to facilitate the identification of input errors as it can be used to enlarge the display on the monitor. The customer can use the usual keyboard and mouse functions to correct input during the electronic order process up until the point when they click the final button to confirm the order. 

 

3.6. Contracts will be exclusively concluded in German.

 

3.7. Order processing and other contact generally take place via email and using the automated order processing system. The customer must ensure the email address specified for order processing is correct so that emails sent by the vendor can be received at this address. In particular, where spam filters are used, the customer must ensure that all emails sent by the vendor or by third parties appointed for order processing will be delivered.

 

4. Cancellation right

Consumers have a right to cancel as a matter of principle. More detailed information on cancellation rights can be found in the vendor's cancellation policy.

 

5. Prices and payment terms

5.1. Unless otherwise indicated in the vendor's product description, the prices specified are full prices including statutory value added tax. Any possible additional delivery and shipping costs will be specified separately in the relevant product description.

 

5.2. Customers will be advised about their payment options in the vendor's online shop.

 

5.3. If advance payment via bank transfer has been agreed, this payment is due immediately after the contract is agreed unless the parties have agreed on a later due date. 

 

5.4. For payment using one of the PayPal payment methods, payment processing will be done via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in accordance with the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or (if the customer does not have a PayPal account) in accordance with the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

6. Delivery and shipping conditions

6.1. Goods will be delivered by consignment to the delivery address specified by the customer unless otherwise agreed. When handling the transaction, the delivery address specified for the vendor's order processing is decisive.

 

6.2. Depending on the customer's choice, vouchers will either be delivered by physical consignment to the delivery address specified by the customer, or in digital form via email to the email address specified by the customer. When handling the transaction, the delivery address or email address specified for the vendor's order processing is decisive.

 

6.3. If the shipping company returns the dispatched goods to the vendor because it was not possible to deliver them to the customer, the customer will bear the cost of the failed delivery. This does not apply if the customer has exercised their cancellation right, or if they were not responsible for the circumstances that led to making delivery impossible, or if they were temporarily prevented from accepting the service offered, unless the vendor announced the service a reasonable time in advance.

 

6.4. If the customer is acting as a business person, the risk of accidental loss and accidental deterioration of the purchased goods is transferred to the customer as soon as the vendor supplies the item to the freight forwarder, or the carrier or any other individual or institution charged with shipping the goods. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the purchased goods is only transferred to the customer once the goods have been handed over to the customer or to another person who is authorised to take delivery. By way of exception from this, the risk of accidental loss and accidental deterioration of the purchased goods is transferred to the customer even for consumers as soon as the vendor supplies the item to the freight forwarder, or the carrier or any other individual or institution charged with shipping the goods, if the customer has appointed the freight forwarder, or the carrier or the other individual or institution charged with shipping the goods, and the vendor did not previously nominate this person or institution to the customer. 

 

6.5. The vendor reserves the right to withdraw from the contract if the goods are not correctly supplied to the vendor itself. This only applies if the failure to supply the goods is not the vendor's responsibility and the vendor has acted with the necessary diligence and put in place a specific cover transaction with the supplier. The vendor will make all reasonable efforts to procure the goods. In the event of some or all of the goods being unavailable, the customer will be notified immediately and reimbursed accordingly.

 

6.6. Collection by the customer is not possible for logistical reasons.

 

7. Redemption, content and validity of vouchers

7.1. Vouchers can be redeemed with the vendor for the amount indicated by the value of the voucher in return for any service from the vendor's offering.

 

7.2. Service vouchers can only be redeemed for the relevant service from the vendor as indicated in the item description.

 

7.3. Vouchers with no designated date for performing the service are valid until the end of the third year after the year when the voucher was purchased and can be redeemed flexibly with the vendor during this period.

 

7.4. Credit on a voucher will not be paid in cash, nor is it subject to interest.

 

7.5. Each voucher can only be redeemed once by the customer.

 

7.6. If the customer loses the voucher issued to them by the vendor, there will be no reimbursement by the vendor.

 

7.7. The customer is not entitled to exchange the voucher acquired for another voucher from the vendor.

 

7.8. Unless otherwise specified in the content of the voucher, the voucher is transferrable. The vendor can settle with the relevant owner of the voucher with the effect of discharging the obligation. This does not apply if the vendor is aware or is unaware due to gross negligence that the relevant owner is not entitled or is legally incompetent or lacks representative authority.

 

8. Retention of title

8.1. The vendor retains ownership of the supplied goods over the consumer until the purchase price owed has been paid in full.

 

8.2. The vendor retains ownership of the supplied goods over business people until all debts from their ongoing commercial relationship have been settled. 

 

9. Liability for defects

The statutory provisions are applicable in terms of liability for defects.

 

10. Liability

The vendor is liable to the customer for all contractual, quasi-contractual and tortious claims for compensation and reimbursement of expenses as follows:

 

10.1. The vendor has unlimited liability on any legal grounds where there is wilful intent or gross negligence, if there is wilful or negligent injury to life, limb or health on the basis of a guarantee promise, unless otherwise agreed, and on the basis of mandatory liability, such as under product liability legislation.

 

10.2. If the vendor negligently infringes an essential contractual obligation, their liability is limited to the typical, foreseeable damages arising from the contract, unless there is unlimited liability under the terms of the previous clause. Essential contractual obligations are those imposed on the vendor by the content of the contract in order to achieve the purpose of the contract, and which must be fulfilled in order to properly implement the contract at all and which the customer can ordinarily rely on being fulfilled.

 

10.3. Apart from this, any liability on the part of the vendor is excluded.

 

10.4. The aforementioned liability provisions also apply in terms of the vendor's liability for its vicarious agents and legal representatives.

 

11. Applicable law

The law of the Federal Republic of Germany is applicable for all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law is only applicable insofar as they are deprived of protection under the mandatory provisions for the country in which the consumer has their habitual residence. 

 

12. Jurisdiction

If the customer is acting as a business person, a legal entity under public law or as a special fund under public law based in the territorial region of the Federal Republic of Germany, the location of the vendor's registered office has exclusive jurisdiction for any disputes arising from this contract. If the customer is based outside the territorial region of the Federal Republic of Germany, the location of the vendor's registered office has exclusive jurisdiction for any disputes arising from this contract if the contract or the claims from the contract can be attributed to professional or commercial activity on the part of the customer. In the aforementioned cases, the vendor is nonetheless entitled to call upon the court wherever the customer is based.

 

13. Alternative dispute resolution

13.1. The EU Commission provides a web-based platform for online dispute resolution at: http://ec.europa.eu/consumers/odr  

This platform serves as a resource for extrajudicial dispute resolution for online sales or service contracts involving a consumer.

 

13.2. The vendor is neither obliged nor willing to be involved in dispute resolution proceedings before a consumer arbitration board.