Terms Conditions

1. Scope of Application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Freiburger Kommunalbauten GmbH Baugesellschaft Co. KG.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been submitted.

When the contract with us is concluded depends on the payment method you have chosen:

Credit card
When you place your order, you provide your credit card details and the credit card company will carry out an authorization check. Once you have been identified as the legitimate cardholder, the payment transaction will be automatically initiated and your credit card will be charged when you place your order. At the time of the credit card charge, the contract with us is concluded.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French

We store the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.

4. Terms of delivery

We deliver free of charge within Germany.

We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself.

We do not deliver to packing stations.

5. Payment

The following payment methods are available in our shop:

Credit card
When you place your order, you enter your credit card details. Once you have been identified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

6. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

Cancellation policy

Consumers have a fourteen-day right of withdrawal.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (KEIDEL Mineral – Thermalbad, An den Heilquellen 4, 79111 Freiburg, Germany, info@keideltherme.de, telephone: 0761 2105 850) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.

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 revocation

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

The right of withdrawal does not apply to the following contracts:

Contracts for the provision of services in the fields of accommodation for purposes other than residential, transport of goods, motor vehicle rental, supply of food and beverages and other services related to leisure activities, if the contract provides for a specific date or period for the provision of services.

The right of withdrawal expires prematurely if we have provided the service in full and have only started to perform the service after you have given your express consent to do so and at the same time have confirmed your knowledge that you will lose your right of withdrawal if we have fully fulfilled the contract.

Supplement to the cancellation policy for goods

We may withhold reimbursement 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 without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period. We bear the costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

Sample withdrawal form

7. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been fully settled. They may resell the goods subject to retention of title in the ordinary course of business; you assign all claims arising from this resale to us in advance – regardless of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB). If you fail to make the notification regulated there, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise, the statutory law on liability for defects applies.
In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the framework of the statutory limitation period of two years after delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to exclusion of any warranty. The statutory limitation periods for the recourse claim under Section 445a of the German Civil Code remain unaffected.
In the case of entrepreneurs, only our own information and the manufacturer’s product descriptions that have been included in the contract shall be deemed to be agreements on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we first provide a warranty to contractors at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are not obliged and are not willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we will ensure that the customer has reached the required minimum age by using a reliable process including personal identity and age verification. The delivery person will only hand over the goods after the age check has been carried out and only to the customer personally.

13. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.