General Terms and Conditions
BEWARE: These "General terms and conditions" have been translated automatically into English to be transparent and open. Anyhow, the only valid "General terms and conditions" are those in German! Sorry for any inconvenience.
§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services provided by Wasser & Balance, owner Stephan Haustein, Dorfstrasse 14, 23826 Bark, ebay account "wasserbalance", (hereinafter: "SELLER"), towards their customers . Deviating regulations of the customers do not apply unless the SELLER has expressly confirmed this in writing.
(2) Agreements made with the customer in individual cases (including side agreements, additions and changes) always take precedence over these terms and conditions.
(3) The contract language is German. The text of the contract is saved by the SELLER after the conclusion of the contract, but is not accessible to the customer.
(4) Customers have the option of alternative dispute resolution. The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr .
(5) Duty to provide information in accordance with the Consumer Dispute Settlement Act (§36 VSBG): The SELLER is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
§ 2 Contents of the contract and conclusion of the contract
(1) The SELLER offers the customer in the online shop www.wasserbalance.de via online auction platforms, e.g. ebay, amazon, various products, especially Miron violet glass, base products from P. Jentschura. The SELLER's offers are aimed exclusively at customers from the following countries: EU member states, Switzerland, Great Britain
(2) The following applies to the conclusion of a contract on eBay: If the seller uses the eBay.de platform to place an item in the auction or so-called fixed price format, he submits a binding offer to conclude a contract for this item. The seller determines a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached. If the seller has also provided his offers in auction format with a fixed price, the so-called "buy it now function", this function can be used by a customer as long as no bid has been placed on the item in question or a minimum price has not yet been reached would. In the case of fixed-price items, the customer accepts the offer by clicking the "Buy It Now" button and then confirming. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the customer accepts the offer by clicking the "Buy It Now" button and completing the immediately following payment process. A customer can also accept offers for several articles by placing the articles in the shopping cart and completing the immediately following payment process. In the case of an eBay auction, a sales contract is concluded between the seller and the customer who has submitted the highest bid when the auction expires. Acceptance is therefore subject to the condition precedent that the customer is the highest bidder after the offer period has expired. A customer's bid expires as soon as another customer submits a higher bid. If the offer is terminated prematurely by the seller, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and delete the existing bids. Reasons for premature termination are stored here (http://pages.ebay.de/help/sell/end_early.html). A customer can only withdraw his bid if there is a legitimate reason to do so. (Reasons for the possibility of withdrawing a bid can be found here pages.ebay.de/help/policies/invalid-bidretraction.html). After a legitimate bid withdrawal, no contract is concluded between the customer, who is again the highest bidder after the auction has ended due to the bid withdrawal, and the seller. In certain eBay categories, the seller can add a price proposal function to his offer. With this price proposal function, it is possible for the customer and the seller to negotiate the price for an item. If eBay deletes an item before the end of the offer period, no effective contract is concluded between the customer and the seller. The customer can correct his entries before submitting his order using the technical means made available by eBay. The corrections can be made using the usual keyboard and mouse functions directly on the offer page in the corresponding input fields. After clicking the "Buy It Now" or "Bid" button, the customer can check his entries again on the confirmation page below. The customer will be informed of the conclusion of the contract by email.
(3) When shopping in the online shop, a sales contract is concluded when the SELLER accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. Before placing a binding order, the customer can correct all entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions. The receipt and acceptance of the order are confirmed to the customer by email.
(4) With the notification of the conclusion of the contract, the customer receives the contract text and these general terms and conditions, as well as the cancellation policy.
(5) In the case of the purchase of goods in a shop, a purchase contract is concluded with the acceptance of the customer's offer by the SELLER or with the acceptance of an offer made by the SELLER by the customer. Price labels on the goods do not represent an offer in the legal sense.
§ 3 prices, sales tax and payment
(1) When purchasing via an online auction platform, the price at which the purchase contract was concluded applies (see Section 2, Paragraph 2). In addition, the agreed prices apply. All prices include the legal VAT. Some of the prices include shipping and packaging costs, which the customer will be informed of before the order is placed.
(2) The SELLER delivers to customers against prepayment by bank transfer, payment by PayPal or credit card payment) or on account
(3) If advance payment has been agreed, payment is due no later than four working days / calendar days after the conclusion of the contract. In the case of delivery on account, payment is due no later than six working days / calendar days after the invoice has been issued. If a customer defaults on his payment obligations, the SELLER can demand compensation in accordance with the statutory provisions.
(4) The SELLER always issues an invoice to the customer, which is given to him upon delivery of the goods or otherwise in text form.
§ 4 delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. Deliveries are made exclusively to addresses in the countries specified in Section 2, Paragraph 1 of these General Terms and Conditions. Delivery will be made from the Seller's warehouse.
(2) The availability of the individual goods is specified in the item descriptions. For goods that are sold through online auction houses or that are designated as "in stock" in the online shop, the delivery period is 3 working days from the conclusion of the contract, unless otherwise stated in the item description. In the case of advance payment by bank transfer, 4 working days from the payment instruction by the customer.
(3) The SELLER reserves the right to withdraw from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This reservation of self-delivery only applies if the SELLER is not responsible for the lack of delivery. The SELLER is not responsible for the failure to perform if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the SELLER will immediately inform the customer of this fact and reimburse the purchase price and shipping costs that have already been paid.
(4) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay with delivery of the goods are transferred to the freight forwarder, the carrier or the person otherwise assigned to carry out the shipment.
§ 5 Reservation of Title, Rights of Retention
(1) The delivered goods remain the property of the SELLER until all claims from the contract have been met; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims that the SELLER in connection with the contract have been settled to be entitled.
(2) The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Liability for material and legal defects
(1) If there are defects, the customer is entitled to statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB apply in addition.
(2) Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the SELLER.
(3) Defects must be reported to the SELLER by the customer within a warranty period of two years for new items or one year for used items.
(4) If there are defects and if they were asserted in good time, the SELLER is entitled to supplementary performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
§ 7 Duty to inform in the event of transport damage
If goods are delivered with obvious damage to the packaging or the content, the customer should immediately notify the carrier / freight service provider and immediately by email (info@wasserbalance.de) or in any other way, without prejudice to his warranty rights (§ 6) contact the SELLER so that he can protect any rights vis-à-vis the freight forwarder / freight service provider.
§ 8 Disclaimer of Liability
(1) Outside of liability for material defects and defects of title, the SELLER has unlimited liability insofar as the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations, the breach of which endangers the achievement of the contractual purpose) as well as for the breach of cardinal obligations (obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The SELLER is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The liability limitations of the preceding paragraph do not apply in the event of injury to life, body or health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the SELLER's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
§ 9 data protection
(1) The customer is aware and agrees that the SELLER will save the personal data required to process the order on data carriers. The customer expressly consents to the collection, processing and use of his personal data. The SELLER treats the stored personal data confidentially. The collection, processing and use of the customer's personal data takes place in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, the SELLER is obliged to delete the customer's personal data immediately. In the case of ongoing order processes, the deletion takes place after the order process has been completed.
Stand: January 1, 2022