General terms and conditions of trading
§ 1 Scope / Protective clause / Contract language
(1) These General Terms and Conditions of Trading (hereafter known as: "T&Cs") apply to all contracts concluded via the Online shop: https://www.badeparadies-schwarzwald.de/de/shop/ (hereafter: "Online Shop") between us, i.e.
Badeparadies Schwarzwald TN GmbH
Am Badeparadies 1,
Authorized representative and chief executive officer: Edelfried Balle
Tel.: +49 (0) 7651 / 9360 333
Fax: +49 (0) 7651 / 9360 122
Register court: District Court, Freiburg
Register number (Commercial Register): HRB 704491 (hereafter: "we"),
and you as our customer (hereafter: "you"). Unless otherwise agreed, these T&Cs apply regardless of whether you are a consumer or a business.
(2) The conclusion of an agreement with us via our online shop shall be possible only subject to the requirement that you have actively approved our AGB [General Business Terms and Conditions] during the ordering process by ticking the designated field. By means of your consent, you shall hereby declare that you have acknowledged our AGB and agree to their va-lidity.
(3) We shall conclude exclusively agreements via our online shop with adult consumers in accord-ance with § 13 Civil Code insofar as it concerns the sale of products from the BLUPHORIA brand; moreover, we shall also conclude agreements via our online shop with persons who do not act as consumers. A consumer in accordance with § 13 Civil Code shall be considered to be each natural person who concludes a legal transaction for purposes which cannot be attributed primarily to either his commercial or his independent professional activities. We shall thus lim-it the orders of products from the BLUPHORIA brand to 15 identical articles per sales transac-tion. Moreover, we reserve the right to reject your offer to conclude a contractual agreement with us – in whole or in part insofar as, based upon the circumstances of the individual case – for example, based upon the number of total articles ordered during a sales transaction and/or the frequency of sales transaction, justified doubt exists that you are acting as a consumer.
By accepting our AGB during the ordering process, you are hereby declaring to us, in accord-ance with the law of the country in which you have your customary abode, that you are an adult and are making your order of products from the BLUPHORIA brand as a consumer.
(4) If you should use AGB during the conclusion of an agreement with us which deviate from our AGB, we shall object to their usage. This right of objection shall also then be valid if you have made reference to your AGB in individual correspondence and we have not expressly and spe-cifically objected to them unless your AGB reflect a mandatory statutory provision or we con-firm to you, expressly and in writing, that your AGB shall be valid. The unconditional render-ing of services or the acceptance of payments by us shall constitute no acknowledgment of your AGB.
(5) The customer information contained in Section II. as well as the revocation instructions that are retrievable on our Internet site and our Data Protection Declaration shall not be considered to be a component of these AGB. They serve the purpose of merely fulfilling our statutorily-prescribed obligations to inform.
§ 2 Conclusion of the contract
(1) The descriptions of the services which you can order via our online shop do not form a legally binding offer, but are instead a request to you to make a such a binding offer for us.
(2) A contract between you and us via our online shop is made as follows:
After you have selected the products which you wish to order via our online shop and entered the required additional information, e.g. the date for reservations or the order quantity in the des-ignated fields, you can add your selection to your shopping basket by clicking on the "PLACE IN THE SHOPPING BASKET" button.
A message will then appear informing you that the items you have chosen have been placed in your basket. By clicking the relevant buttons, you can then decide whether you want to "CONTINUE SHOPPING" or "GO TO CHECKOUT". By clicking on the button "GO TO CHECKOUT" or the basket icon in the top right corner of the online shop web page, you will reach the basket page, where you can check your selection and make changes to the quantities you have ordered. You can also delete your selection by clicking on the waste paper basket icon, which is next to the price information.
By returning to the online shop page you can add further services to the basket and finally check the contents of your basket once again in the manner described above.
The order can then proceed either by clicking on the button "pay with amazon" or the button "GO TO CHECKOUT" in the bottom right section of the basket page. In the first instance, you will be forwarded to the Amazon pay page. If you click on the "GO TO CHECKOUT" button, you will come to a page where you can decide whether you want to order as a guest or register with your Myparadise user account. By entering your email address and the password you have given when registering your Myparadise user account, followed by clicking on the "Register" button, you will come to the next step in the order. By clicking on the button "CONTINUE AS GUEST" you will also arrive at the next step of the order, without having to register with your Myparadise user account.
In the further stage, you can select your desired method of payment. By clicking on the button "CONTINUE", you will arrive at a further step in the order process where you can enter your personal data and your address (billing and if required a different delivery address).
From this point, by clicking the button "CONTINUE", you will arrive on the "Confirm" page, which contains an overview of your order.
By clicking on the "BACK" button, you can get back to each of the preceding pages, in order to check the information you have given there and correct it if necessary.
By clicking on the "BUY" button, you are hereby sending a binding offer to conclude an agree-ment with us. Up to this point in time, you can check your inputted data and, as required, correct them as well as abort the order process.
We shall then promptly confirm the receipt of your binding contractual offer electronically; this confirmation of receipt shall not yet constitute a declaration of acceptance upon our part.
The acceptance of your offer, by means of which a contractual agreement is concluded between you and us, shall be declared by us to you electronically; if we should reject your offer – in whole or in part, we shall likewise send a corresponding declaration electronically. Thus, please ensure that the e-mail address which you are entered during the ordering process or in your My-Paradise user account is accurate and that it is technically able to receive messages. In conjunc-tion with your order, please also check the SPAM folder of your e-mail postal box and the set-tings on your SPAM filter.
(3) Insofar as the delivery and/or supplying of the good and/or service that you have ordered is not possible, we shall refrain from sending a declaration of acceptance. In this context, an agreement shall not be concluded. In this case, we shall promptly notify you and reimburse any counter-performance which has already been received insofar as an agreement has not been concluded; the rights and claims to which you are entitled in accordance with the statutory provisions shall remain unaffected overall.
(4) We reserve the right to not be held responsible for any mistakes and errors regarding the availa-bility of goods, the prices and any other information. We shall promptly correct any mistakes and errors that are discovered in our online shop. Insofar as an agreement has already been con-cluded between you and us in accordance with the provisions in the aforementioned Para. 2 upon which the aforementioned mistakes and errors may have ramifications, your as well as our rights and claims shall be determined in accordance with the statutory provisions; the provisions re-garding the general deliverability as well as the delivery timeframes in the following § 6 Para. 1 shall remain unaffected.
(5) Illustrations and photos in our online shop do not typically exactly reflect the quality features of the goods which we sell and serve merely for the purpose of the presentation of our goods. More detailed and reliable information regarding our goods contain the item descriptions which we have respectively provided. Particularly with regards to the colour scheme, the illustrations and photos in our online shop shall not be binding. In this context, we wish to point out to you that the colours indicated on your screen may deviate from the actual colours.
(6) All information provided in our online shop regarding the characteristics as well as the quality features of the goods shall not be associated with the provision of a guarantee upon our side un-less such information has been expressly designated by us to be a "guarantee" and/or has been expressly "guaranteed". The warranty rights to which you are entitled in accordance with the statutory provisions shall remain unaffected overall.
§ 3 MYPARADISE user account / Guest account
(1) In the online shop, you can order goods and services either as a guest or as a registered and signed-in user in our customer "MYPARADISE̶" portal (hereafter "MYPARADISE"). As a registered user, you are not required to provide your personal data for each order, but rather, when making the respective order, you can register with your e-mail address and the password which you freely select during the registration at MyParadise whereby your personal data shall remain saved in your MyParadise user account; with regards to the updating of your data as well as the deletion of your user account, we refer to the following Para. 4 of this § 3.
(2) Regardless of whether you are ordering goods and services in the online shop as a guest or as a registered and signed-in user in MYPARADISE, we will need the following information from you to implement and carry out your order:
- First name and surname;
- Email address;
- Postal address, consisting of: street, house number, town or city, postcode, country.
Moreover, you can voluntarily save your telephone number for any follow-up questions in con-junction with the implementation and fulfilment of your order.
(3) We use the information you supply exclusively for fulfilling and processing your order(s) in the online shop, for example for arranging deliveries to the address you have given. We also use the information you give us as part of the payment procedure exclusively for processing your payment. We save your data solely for the purposes of meeting our tax and legal commercial obligations.
(4) If you wish to create a MYPARADISE user account, we will need you to provide the data listed in Paragraph 2 as well as a password freely chosen by you. These data shall remain stored in your customer account until you update them or you delete your account. Insofar as the data which you have stored should change, you yourself shall be re-sponsible for their updating. After registration, you can make changes to your personal data as well as delete your account online via your user account.
§ 4 Vouchers
(1) The vouchers which we issue are multi-purpose vouchers. They shall entitle the respective hold-er to buy and/or use all goods and services offered in our online shop and/or in the Badeparadies Schwarzwald [Black Forest Bathing Paradise] at the respectively-valid terms and conditions (particularly the house rules) up to the purchase price paid for the voucher. Vouchers can also be used in order to buy other vouchers.
(2) The respective holder of a voucher cannot demand that the goods and services, which were of-fered at the time of the purchase in our online shop and/or in the Badeparadies Schwarzwald, shall also be offered in unaltered fashion at the time that the voucher is redeemed. We reserve the right to alter our assortment of goods and services at any time.
(3) If the price of the goods and/or services that you or the current holder of the voucher are claiming with a value voucher in the Badeparadies Schwarzwald is lower that the nominal value of the voucher (hereafter: "partial redemption"), you or the holder of the voucher keep the amount of the difference as a credit. This balance can be used in order to purchase additional goods and/or services in our online shop as well as in the Badeparadies Schwarzwald.The services provided by us as part of the partial redemption do not represent any payment on account, interest payment, security provision or acknowledgement in the sense of § 212 para. 1 no. 1 BGB (German Civil Code).
(4) Your claims to payment of the purchase price for the voucher or the difference in amount, in accordance with the aforementioned Para. 3 shall be based upon the statutory provisions.
(5) In order to redeem a voucher for a purchase in our online shop, the holder of the voucher must enter the code printed on the voucher in the designated field during the last step of the ordering process before clicking the "BUY" button. In order to exercise the rights from a voucher on-site, the respective holder must have the voucher with him and present it at the check-in area of the Badeparadies Schwarzwald during the payment process.
§ 5 Partial Deliveries
(1) We shall be entitled to render partial deliveries in a scope which is reasonable for you. This shall be valid particularly for the case of the varying deliverability of individual components of your standard order.
(2) Partial deliveries upon our part shall be associated with no additional shipping or other addition-al costs for you. Something that deviates from this policy shall be valid with regards to shipping costs insofar as you have expressly demanded that we allocate the individual components of your standard order across multiple deliveries; in this case, we shall be entitled to bill you for those shipping costs which you would then have also had to assume if you would have allocated the components from your standard order beforehand to multiple orders that were allocated to the individual deliveries.
§ 6 Delivery Timeframes / Proviso regarding Deliveries from Our Own Sub-Suppliers / Buyer's Right of Rescission
(1) Any information in our online shop regarding general deliverability as well as the anticipated delivery timeframes shall be non-binding; subject to any special agreements in the individual case, such information in our online shop shall constitute no agreement upon our part with you to make delivery within a specific timeframe. Any information regarding general deliverability as well as the anticipated delivery timeframes shall also always be subject to the proviso of prompt delivery by our own sub-suppliers to us. We shall promptly affect the measures required for our own self-delivery with the due care of a prudent businessman.
(2) Insofar as you have not received the goods which you have ordered within 21 working days after the day when you made your order, we shall grant you the right to withdraw from the Agreement without your having to set a notice period for the delivery beforehand which must lapse fruit-lessly before you may make termination; if you have made your order on a Saturday, Sunday or legal holiday (Titisee-Neustadt), the aforementioned timeframe of 21 working days shall begin to run on the first working day which immediately follows the day when you made your order. The rights to which you are entitled in accordance with the statutory provisions to withdraw from the Agreement by means of a revocation or for any other reasons to already dissolve the Agreement at an earlier or a later point in time shall not be affected overall by the aforementioned provisions of this Para. 2.
§ 7 Thermencard
(1) The Thermencard is a rechargeable value voucher, which entitles the holder, as part of special promotions, to claim goods and services offered in the Badeparadies Schwarzwald under special conditions. With the exception of the case regulated in paragraph 2 of this § 5, the prerequisites for the special conditions conveyed by the Thermencard for claiming goods and services on offer in the Badeparadies Schwarzwald are determined by the separately advertised conditions announced for each special promotion. The holder of the Thermencard has no claim to special promotions being held at regular intervals that entitle him or her to claim goods and services offered in the Badeparadies Schwarzwald under special conditions.
(2) When first charging your Thermencard, you receive the right to claim goods and services offered by us to a certain extent in the Badeparadies Schwarzwald at advantageous rates. You receive the advantageous rates because your Thermencard is credited with a higher nominal value on its first charge than the amount that you pay us (hereafter: "initial nominal value"). The result is that the prices of the goods and services offered in the Badeparadies Schwarzwald that you are able to claim with your Thermencard are reduced. The amount of the initial nominal value and therefore the advantageous rate depends on the price that you pay us when you first acquire your Thermencard (hereafter: "initial price"). The initial price amounts to a minimum of 75.00 EUR. By purchasing a Thermencard for the initial price you receive the right to claim goods and services offered in the Badeparadies Schwarzwald to the value of 85.00 EUR. The maximum initial price amounts to 1,000.00 EUR. It is not possible to purchase a Thermencard at a higher price. In the range between the minimum and the maximum initial price, we offer you advantageous rates at various benefit stages up to a certain amount, which as described above depend on the amount of the initial price chosen by you. The stages of the benefits and the resulting advantageous rates are on the product side of the Thermencard in our online shop.
(3) The Thermencard is in your name. However, it is transferable.
(4) With partial redemptions the § 4 para. 4 of these T&Cs applies correspondingly to the Thermencard.
§ 8 Reservations
(1) Reservations that you make via the online shop require that you set a calendar date on which you wish to make use of the reserved services.
(2) Reservations are binding. You do however have the right to cancel and/or to change a reservation up to two days (Monday through to Sunday) before the set date that you gave when you made your reservation. After this, canceling and/or changing the reservation is no longer possible, reserving the goodwill regulation in para. 4 of this § 5. You must notify us of any requests to cancel or change in text form. During the opening hours of the Badeparadies Schwarzwald, notification by telephone is also possible.
(3) You and/or the person for whom the reservation has been made bear the risk of use with regard to the reserved service. If for example you do not want to make use of a reserved outdoor lounger because of bad weather, this does not in principle entitle you to demand a refund of the reservation price. The above does not affect the goodwill regulation in para. 4 of this § 5.
(4) With requests for cancellation and/or change that are made after the period stated in para. 2 of this § 5, we will make the our best effort to work together with you to find a solution. In particular, we will in the event of you having reserved an outdoor lounger in the Badeparadies Schwarzwald attempt in the event of bad weather to provide you with a replacement lounger in the indoor area of the Badeparadies Schwarzwald. However, there is no legal claim to make us do so.
(5) The presentation of the booking confirmation on the day of booking is required in order to claim the reserved services.
§ 9 Area of delivery / Terms of delivery
(1) We deliver exclusively within Germany and to Belgium, France, Luxembourg, Austria, the Netherlands and Switzerland.
(2) As the types of delivery methods, we can offer you, in accordance with the provisions in Paras. 3 – 6, delivery – based upon the respective type of good – via a postal and/or package shipment as well as delivery via electronic shipment.
(3) As soon as you have completed the ordering process and by clicking on the "BUY" button, you have hereby sent us a binding offer to conclude an agreement with us (cf. § 2 Para. 2 of these AGB) and the delivery method selected by you shall be considered binding; a belated changing of the delivery method shall not be possible.
(4) In the case of ordering processes, which exclusively have the purchase of vouchers as their ob-ject, you can choose between the delivery of your order via a postal shipment or via electronic shipment to the e-mail address which you provided for the order or in your MyParadise-user ac-count so that you can print them out yourself (hereafter: "Print@Home"). If uniform ordering processes have both vouchers as well as also other goods as their object, it shall not be possible to select a delivery via Print@Home for the vouchers; the delivery method which you select shall be uniform and shall always extend to the overall order of a uniform ordering process.
(5) The delivery of a voucher via Print@Home shall thus be made in such a manner that we will send you a barrier-free PDF document which contains the voucher. For deliveries for Print@Home you are yourself responsible for the correctness and the technical reception facility of the email inbox that you have given us in the order process described in § 2 para. 2 of these T&Cs or in your MYPARADISE user account, as well as for the printout of your order.
(4) If with your order you are acting as a business person, legal entity under public law or a special fund under public law, the deliveries and the shipping are at your risk.
§ 8 Prices and Payment Terms and Conditions / Invoices / Delivery Notes
(1) The prices given in the relevant offers plus the shipping costs represent total prices. They contain all the price components including all applicable taxes in the relevant legally determined amount.
(2) The shipping costs arising are not included in the purchase price and will be shown separately in the course of the order process. Shipping costs are to be borne by you in addition to purchase costs, insofar as we have not agreed to shipping cost free delivery for you. The amount of the shipping costs can be seen via a correspondingly marked button on our website or in the relevant offer.
(3) You are responsible for costs arising because the delivery is to a country that is not a member of the European Union, in particular customs dues or money transfer fees (transfer or exchange rate fees from credit institutes). Costs arising from money transfer are also to be paid by you if the delivery is to an EU Member State, but you have initiated payment outside the European Union.
(4) For each order which you make, you shall receive an invoice from us which fulfils the statutory requirements. We shall, regardless of the selected delivery method, send the invoice to you ex-clusively electronically to the e-mail address which you provided for the order or in your My-Paradise user account.
(5) For each order, you shall receive a delivery note from us. In the case of a delivery via Print@Home, we shall send you your delivery note exclusively electronically to the e-mail ad-dress which you provided for the order or in your MyParadise user account. For all other deliv-eries, we shall enclose a paper delivery note with your postal or package shipment.
§ 9 Voucher codes
(1) Voucher codes which can be input during the order process in the online shop enable the purchase of individual products at lower prices.
(2) Voucher codes have a limited validity and a minimum order value, which is based on the applicable voucher code or the voucher conditions.
(3) Voucher codes cannot be combined with discount promotions. Promotional prices count as discount promotions. Only one voucher code can be redeemed per order.
§ 10 Right of reservation and offsetting
(1) You can only exercise your right of offsetting if your claim against us originates in the same contract relationship as our claim.
(2) You are entitled to offsetting or a right of reservation only if your claim against us is undisputed or has been legally established. This does not apply to claims arising from the exercise of your right to cancellation or warranty for defects rights or from the §§ 812-822 BGB (German Civil Code) and also does not apply to the right to refuse performance according to § 320 BGB.
§ 11 Usage rights
(1) We reserve our property rights, in particular copyright, to the texts, photographs, graphics, animations, videos, logos, images, drawings, motifs, music and other representations in the online shop, on the vouchers or in other publications. Your making these accessible to third parties, public reproduction and duplication requires our express agreement in writing. Unaffected by the above is your right to transfer vouchers you have acquired in the online shop to third parties.
(2) Copyright credits plus other features identifying the holder of the rights must not be removed or changed.
§ 12 Warranty for defects rights / limitation of liability
(1) Insofar as the goods which were purchased in our online shop and delivered are discovered to be flawed and/or incomplete, you shall, in accordance with the statutory provisions, be entitled to demand fulfilment and/or subsequent fulfilment, to withdraw from the Agreement that has been concluded between you and us or to reduce the purchase price. Your claims to damage compen-sation shall likewise be based upon the statutory provisions unless something else has been pre-scribed in the provisions of the following Paras. 2 – 5.
(2) We are liable for willful intent and gross negligence. We are also liable for gross violation of duties that are necessary in the first place to enable the proper performance of the contract between you and us, which is why their violation endangers the achievement of the purpose of the contract, and on the compliance with which you can regularly rely (hereafter: "essential contractual duties"). If essential contractual duties are violated, we are liable only for predictable damages typical of the contract.
(3) We are not liable for slightly negligent infringement of contractual duties that are not essential contractual duties in the sense of para. 1 of this § 12.
(4) The above exclusions of liability do not apply to critical or physical injury or to impairment of health. Liability according to the Produkthaftungsgesetz (German Product Liability Act) also remains unaffected.
(5) According to the present status of technology, data communication via the internet cannot be guaranteed to be free of error and/or available at any time. To this extent, we are not liable for the constant, error-free and uninterrupted availability of our online trading system.
§ 13 Final provisions
(1) The contractual relationship existing between you and us is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), if
a) Your normal place of residence is in Germany or
b) Your normal place of residence is in a country that is not a member of the European Union.
(2) In the event that your normal place of residence is in a Member State of the European Union, the contractual relationship existing between you and us is also subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). However, the mandatory consumer protection regulations in the sense of Art. 6 para. 2 page 2 of Regulation (EG) 593/2008 of the country of your normal place of residence remain unaffected by this choice of legislation, if the laws of this country according to Art. 6 para. 1 of the Regulation (EG) 593/2008 could not be applied without the choice of legislation mentioned above, i.e.
a) If you are a natural person and have concluded the contract with us for a purpose that cannot be assigned to your professional or commercial activity and
b) We are exercising our commercial activity in the country in which you have your normal place of residence or
c) We are focusing our commercial activity on this country.
(3) If your domicile or normal place of residence was in Germany on conclusion of this contract and at the time we file a suit you have moved it out of Germany or your normal place of residence is unknown at that time, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship existing between us shall be the headquarters of our company in Titisee-Neustadt.
(4) If you have made your order as a business person, legal entity under public law or special fund under public law, the place of performance for all services arising from the business relationships with us and also the sole place of jurisdiction shall be our headquarters in Titisee-Neustadt. Also, our authorization to refer matters to a court at another place of jurisdiction remains unaffected by the above.
(5) We refer you to the fact that you, if you have placed your order in our online shop as a consumer, will along with official legal recourse also have the option of out of court settlement of disputes in accordance with the Regulation (EU) No. 524/2013. You can find details of the above in the Regulation (EU) No. 524/2013 and at this web address: http://ec.europa.eu/consumers/odr
The competent body for resolving disputes according to the VSBG (German Consumer Dispute Settlement Act) is the Universalschlichtungsstelle des Zentrums für Schlichtung e.V. (German Universal Arbitration Office of the Center for Arbitration), Straßburger Straße 8, D-77694 Kehl am Rhein. www.verbraucher-schlichter.de
Our email address is: [email@example.com]. In accordance with § 36 VSBG, we also point out that we are not obliged to take part in an out of court dispute settlement process at a consumer arbitration office. We are not prepared to take part in a dispute settlement process at a consumer arbitration office.
(6)If one of the provisions of the T&Cs or a contract of which they form a part should prove to be or become invalid as a whole or in part, or if the contract existing between you and us or these T&Cs should contain a gap in regulations, this shall not affect the legal validity of the remaining provisions. You and we will replace the invalid provision with one where the meaning and purpose come closest economically and in a legally valid manner to the invalid provision. The same also applies to any gaps.
II. Customer information
The following customer information does not form part of our T&Cs. It serves for the fulfillment of our legal duties of information.
1. Identity of vendor
Badeparadies Schwarzwald TN GmbH
Am Badeparadies 1,
Tel.: +49 (0) 7651 / 9360 333
Fax: +49 (0) 7651 / 9360 122
2. Essential qualities of the goods and services offered in our online shop
To obtain details of the essential features of the goods and services offered in the online shop and the period of validity of time-limited offers, please consult the individual product descriptions in our online shop and/or the information on the final page of the order process described in § 2 para. 2 of our T&Cs (Part I).
3. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract between you and us, the conclusion of the contract itself and the options for amendments are set out in detail in § 2 para. 2 of our T&Cs (Part I).
4. Note on correction
On the basket page, you can check your selection and make changes to the quantities you have ordered. You can also delete your selection by clicking on the waste paper basket icon, which is next to the price information. On the final page of the order process described in § 2 para. 2 of our T&Cs (Part I), you will receive an overview of your information and input during the order process, in particular on order quantity, object of the order, value of the order, delivery and billing address. By clicking on the "BACK" button, you can get back to each of the preceding pages, in order to check the information you have given there and correct it if necessary. If you want to cancel the order process, you can close the browser window or the relevant tab. Otherwise, clicking on the "PURCHASE" button will make your order binding.
5. Language of the contract
Our online shop is only available in the German language. A contract conclusion via the online shop is only possible in German.
6. Prices and payment terms
6.1. The prices listed in the relevant offers plus the shipping costs represent total prices. They contain all the price components including all applicable taxes.
6.2. The shipping costs arising are not included in the purchase price. These can be viewed via a correspondingly marked button on our webpage or in the relevant offer. The shipping costs are shown separately in the course of the order process and are to be borne by you in addition to purchase costs, insofar as we have not agreed to shipping cost free delivery for you.
6.3. If the delivery is to countries outside the European Union, we may be charged further costs for which we are not responsible, such as for example customs dues, taxes or money transfer fees (transfer or exchange rate fees from credit institutes); you are responsible for paying these fees. Costs arising from money transfer are also to be paid by you in cases where the delivery is to an EU Member State, but you have initiated payment outside the European Union.
6.4. The methods of payment available to you are shown under a correspondingly marked button on our web pages or in the relevant offer.
6.5. Unless different information is given for the individual types of payment, claims for payment arising from the concluded contract are to be paid immediately.
6.6 For each order which you make, you shall receive an invoice from us which satisfies the statuto-ry requirements. We shall send you the invoice exclusively electronically to the e-mail address which you provided for the order or in your MyParadise user account.
7. Terms of delivery
7.1. You can find the terms of delivery, the delivery date and also any restrictions on delivery under a correspondingly marked button on our website or in the relevant offer.
7.2. If you are a consumer, the legal regulations mean that the risk of accidental loss and accidental deterioration of the sold object during dispatch is transferred to you only on the handover of the goods, regardless of whether the dispatch was insured or not insured. This does not apply if you independently commission a transport company not named by us or use another specified person to carry out the dispatch.
8. Storing the text of the contract
The complete text of the contract is not stored by us. Before sending your order, you can use the browser's print function to print out your contract data or save them electronically. After we have received your order, we will send the order data, the legally required information for long-distance sales contracts and the General Terms and Conditions of Trading back to you by email.
9. Interoperability and compatibility note
When delivering vouchers for self-printing, that is to say Print@Home, we will send you a file in Portable Document Format (file ending in .pdf). The file is compatible with common programs and operating systems. We do not know of any major limitations on interoperability or compatibility.
10. Legal right to warranty for defects when buying goods in our online shop
If the goods purchased in and delivered from our online shop should be defective, you are entitled, within the framework of the legal conditions, to demand supplementary performance, to withdraw from the contract existing between you and us, or to reduce the purchase price. Your claims to damage compensation shall likewise be based upon the statutory provisions un-less something else has been prescribed in the provisions in § 14 Paras. 2 – 5 of our AGB.
11. No right to cancellation for reservations made via our online shop
For reservations made via our online shop, you have no right of cancellation even if you are a consumer. The legal foundation for the above is § 312g para. 2 page 1 No. 9 BGB (German Civil Code).
13. No Right of Rescission for the Removal of Seals
In the case of agreements for the delivery of sealed goods which, owing to reasons of health pro-tection or hygiene, are not suitable for return, you shall be entitled to no right of rescission in ac-cordance with § 312g Para. 2 No. 3 Civil Code if the seal was removed after delivery was made.
14. Codes of conduct
We are subject to the Purchaser Seal Quality Criteria of the Händlerbund Management AG and with the above also to the Ecommerce Europe Trustmark Code of Conduct. This can be viewed at:
15. Alternative dispute settlement
We refer you to the fact that you, if you have placed an order in our online shop as a consumer, will along with official legal recourse also have the option of out of court settlement of disputes in accordance with the Regulation (EU) No. 524/2013. You can find details of the above in the Regulation (EU) No. 524/2013 and at this web address: http://ec.europa.eu/consumers/odr
The competent body for resolving disputes according to the VSBG (German Consumer Dispute Settlement Act) is the German Universal Arbitration Office of the Center for Arbitration (Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, D-77694 Kehl am Rhein). www.verbraucher-schlichter.de
Our email address is: [firstname.lastname@example.org]. In accordance with § 36 VSBG, we also point out that we are not obliged to take part in an out of court dispute settlement at a consumer arbitration office. We are not prepared to take part in a dispute settlement process at a consumer arbitration office.
Last update: 09/2022