Terms of service
Scope of application
These General Terms and Conditions (GTC) apply to all deliveries by G. W. Vertriebs GmbH to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
Contracting party
The purchase contract is concluded with G. W. Vertriebs GmbH, represented by:
Thomas Cronenberg, Kirchweg 109, 50858 Cologne
Commercial register: Cologne Local Court, HRB 105545
Conclusion of contract
The presentation of the products in the online store does not constitute a legally binding offer, but merely an invitation to place an order.
By clicking on the button [Buy/Order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail after receiving your order.
The business relationship between the seller and the customer is subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The contract language is German.
The place of jurisdiction is Cologne if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
Prices, shipping costs, VAT and payment
- The prices stated there apply to orders. All prices include the statutory value added tax.
- The prices do not include shipping and packaging costs, which will be communicated to the customer before the order is placed.
- G. W. Vertriebs GmbH delivers to the customer at the customer's request using the following payment methods: advance payment (by bank transfer). When ordering swim spas, a down payment of 50% of the gross invoice amount is due no later than five calendar days after conclusion of the contract. The remaining amount after delivery. For the delivery of whirlpools, payment is due no later than five calendar days after invoicing.
- If a customer defaults on his payment obligations, the seller may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
- The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.
Retention of title
The delivered goods shall remain the property of the seller until all claims arising from the contract have been settled; 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 to which the seller is entitled in connection with the contract have been settled.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Liability for material defects and defects of title
- Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB (GERMAN COMMERCIAL CODE) APPLY IN ADDITION.
- Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods shall not justify a warranty claim against the seller. The customer can find information on proper handling in the manufacturer's descriptions.
- Defects must be reported to the seller by the customer within a warranty period of two years for new goods or one year for used goods. If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty for entrepreneurs is excluded. The above limitations of liability shall not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and shall not apply to claims for damages by the customer which are based on compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or its vicarious agents.
- If there are defects and these were asserted in good time, the seller is entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or withdraw from the contract. In all other respects, the statutory provisions shall apply.
Duty to inform in the event of transport damage
If goods are delivered with obvious damage to the packaging or contents, the customer should immediately complain to the carrier/freight service without prejudice to his warranty rights (§ 7) and immediately contact the seller by e-mail or other means (fax/post) so that the seller can protect any rights against the carrier/freight service.
Exclusion of liability
- Apart from liability for material defects and defects of title, the seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The seller shall not be liable for the slightly negligent breach of obligations other than the above obligations.
- The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
- If the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
Right of withdrawal
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
If you, as a consumer, exercise your right of withdrawal in accordance with section 4.1, you must bear the regular costs of returning the goods.
In all other respects, the provisions set out in detail in the following apply to the right of withdrawal
Delivery and transfer of risk
- Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. Delivery is made from the seller's warehouse or by a forwarding agent from the place of shipment.
- The Seller reserves the right to make a partial delivery if this appears to be advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. The customer shall not be charged for any additional costs incurred as a result of partial deliveries.
- The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the seller is not responsible for the non-delivery. The seller is not responsible for the non-delivery 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 shall immediately inform the customer of this circumstance and refund any purchase price already paid as well as shipping costs. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the shipment.
- Free loading edge is agreed as the shipping condition.
Cancellation policy¹
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us at G. W. Vertriebs GmbH
Kirchweg 109, 50858 Cologne, phone: +4922150075731, fax: +492214844297
info@arctic-tub.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website (www.guenstige-whirlpools.de). If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
- End of the withdrawal policy -
(¹ This withdrawal policy does not apply to the separate delivery of goods).
Prices and shipping costs
The prices stated on the product pages include statutory VAT and other price components.