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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,
D-79822 Titisee-Neustadt
Authorized representative and chief executive officer: Edelfried Balle
Tel.: 00 8000 4444 33
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)​ If you yourselves use T&Cs that deviate from our T&Cs when concluding a contract with us, we will contradict their use. This contradiction shall also apply if you, in individual correspondence, have drawn attention to your T&Cs and we have not explicitly and separately contradicted these, unless your T&Cs reflect a mandatory legal regulation or we explicitly confirm to you in writing that your T&Cs shall apply. Unconditional services provided or acceptance of payments by us do not mean that we recognize your T&Cs.

(3)​ The customer information contained in Part II, right of cancellation explained in Part III and the data privacy declaration that can be called up from our website do not form part of these T&Cs. They serve for the fulfillment of our legally prescribed duties of information.

(4)​ The language of the contract is exclusively German. Translations of these T&Cs into other languages are purely for your information. In case of any deviations or lack of clarity in the language versions, the German language version shall always take precedence.

§ 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 services that you wish to order via our online shop, and also entered any required additional information, e.g. the date for reservations or the value of a voucher when ordering a voucher, in the boxes intended for it, you can add your selection to your basket by clicking on the "ADD TO 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 button "PURCHASE", you are making a binding offer to conclude a contract with us. Up until this point, you can check your input and correct it if necessary.

We will then immediately send you a confirmation of your binding offer of contract by electronic means. We will also send you an acceptance of your offer by electronic methods. Please therefore make sure that the email address you have provided during the order process or in your MYPARADISE user account is correct and that there are technical facilities for reception. With regard to your order process, please also check the SPAM folder of your email inbox and the settings of your SPAM filter.

(3)​ If the delivery and/or the provision of the goods and /or service you have ordered should not be possible, we will not make a declaration of acceptance. In this case, no contract will come into effect. We will in such a case inform you immediately and refund any payment we may have received without delay.

§ 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 do not need to give your personal information with every order, but you can in the process of the order in question enter your email address and the password freely chosen by you on registering with MYPARADISE into your MYPARADISE user account.

(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:

a)​ First name and surname;
b)​ Email address;
c)​ Postal address, consisting of: street, house number, town or city, postcode, country.

You can also as an option provide your telephone number.

(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 will remain stored in your customer account until you delete them. If the information you have provided should change, you are yourself responsible for updating it. All changes can be made online after signing in to your MYPARADISE user account.

§ 4​ Value, entry and massage vouchers

(1)​ Value vouchers are vouchers with a defined nominal value in EUR, which entitle you or the current holder of the voucher to make use of goods and services on offer in the Badeparadies Schwarzwald under the conditions (in particular the house rules) that apply there up to this nominal value. The purchase of value vouchers using the credit on other vouchers is excluded.

(2) ​Massage vouchers are value vouchers that entitle the holder of the voucher to claim massage services offered in the Badeparadies Schwarzwald under the conditions that apply there (in particular the house rules) up to this nominal value.

(3)​ By acquiring a value voucher, neither you nor the current holder of the voucher have a claim on certain defined goods and services offered in the Badeparadies Schwarzwald, if and insofar as a reasonable option of choice remains for you or the holder of the voucher. Neither you nor the current holder of the voucher can demand that goods and services on offer in the Badeparadies Schwarzwald at the time the value voucher was obtained will also continue to be offered when the voucher is redeemed under the same conditions as when the voucher was obtained and also offered unchanged in other ways.

(4)​ 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 credit can be used to claim further goods and/or services in the Badeparadies Schwarzwald. Cash payment of the amount of the difference is excluded. If you are the consumer, your legal right to cancel for long-distance sales contracts remains unaffected by the above condition. 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).

(5)​ Vouchers other than those of the Thermencard spa card regulated in § 5 of these T&Cs cannot be recharged.

(6)​ Entry vouchers are vouchers that entitle you or the holder of the voucher to pay the entry price to the Badeparadies Schwarzwald by redeeming the entry voucher. The conclusion of the contract of use necessary to allow entry can only be made under the conditions valid in the Badeparadies Schwarzwald, in particular the house rules that apply there.

(7) ​In order to exercise the rights arising from a voucher, you or the current holder of the voucher must carry it with you on the day on which you or the current holder wish to claim the services and show it in the entrance area of the Badeparadies Schwarzwald.

§ 5​ Thermencard / Discounts on first charging of the Thermencard / Partial redemption and right to terminate the contract

(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.

§ 6​ Reservations / Contractually limited right to amendments and the right to withdraw / Goodwill regulation

(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.

§ 7​ Area of delivery / Terms of delivery

(1)​ We deliver exclusively within Germany and to Belgium, France, Luxembourg, Austria and in the Netherlands and Switzerland.

(2) ​You can choose between the delivery of your order by post or to print out yourself (hereafter: "Print@Home") by electronic dispatch to the email address given by you with the order or in your MYPARADISE user account.

(3)​ 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

(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.

§ 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) ​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.

(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: [info@badeparadies-schwarzwald.de]. 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,
D-79822 Titisee-Neustadt
Germany
Tel.: 00 8000 4444 33
Fax: +49 (0)7651/9360 122
E-Mail:​info@badeparadies-schwarzwald.de

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.

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.

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).

12.​ 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:
https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
and
https://www.ecommercetrustmark.eu/the-code-of-conduct/

13.​ 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: [info@badeparadies-schwarzwald.de]. 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: 01/2021