The following terms and conditions (T&Cs) apply to all orders placed by consumers and business operators through our online shop.
A consumer is defined as any natural person who concludes a legal transaction for purposes which are predominantly not attributable to any commercial or independent professional activity. A business operator is any natural person or legal entity or a partnership with a legal capacity which exercises commercial or independent professional activities in concluding legal transactions.
The following applies to business operators: The validity of any adverse or supplementary terms and conditions on the part of a business operator is hereby rejected; they will only become an integral part of the contract if we expressly give consent.
2. Contracting parties, conclusion of contract, correction options:
The purchase agreement is made with Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG.
The presentation of products in the online shop does not constitute a legally binding quotation, but rather a non-binding online catalog. Temporary, non-binding placement of our products in the shopping cart is possible, and you will have the option to correct your submissions at any time in the order process before you place your binding order by using the illustrated correction tools provided. Clicking on the order button results in the binding order placement of the products in the shopping cart. You will receive confirmation that your order has been received via e-mail immediately after submitting your order.
The method of payment you choose determines when the contract is concluded.
When you place your order, enter your credit card information and the credit card company will verify your authorization. Once you have been legitimized as the legal credit card owner, the payment transaction will be initiated automatically and your credit card will be charged upon placement of the order. The contract with us is concluded at the time that your credit card is charged.
During the order process, you will be sent to the PayPal website. There you can enter your payment information and confirm the payment order to PayPal. Upon placing your order in the shop, we will prompt PayPal to initiate the payment transaction and thus accept your order.
3. Language of the contract, storage of the text of the contract
The contract can be concluded in the following language(s): English, German, French
We will store the text of the contract and will send you your order information and our T&Cs in text form. Customers can view the text of the contract (T&Cs and order information) by logging into their account in our online shop.
4. Terms of delivery
Delivery is free of charge within Germany.
We only deliver by mail. Unfortunately, it is not possible for customers to collect their ordered products in person. We do not deliver to package pick-up locations.
Our shop supports the following methods of payment:
When you place your order, enter your credit card information. Once you have been legitimized as the legal credit card owner, the payment transaction will be conducted automatically and your credit card will be charged.
During the order process, you will be sent to the PayPal website. In order to be able to pay the invoiced amount via PayPal, you must have a registered account with the company or register for one, use your login information for legitimation purposes and confirm the payment order to us. Upon placing your order in the shop, we will prompt PayPal to initiate the payment transaction. PayPal will automatically conduct the payment transaction immediately thereafter. You will receive further information in the course of the order process.
6. Right to cancellation
Consumers have the statutory right to cancellation, as described in the cancellation policy. Business operators are not granted a voluntary right to cancellation.
Consumers have a right to cancellation within fourteen days.
Right to cancellation
You have the right to cancel this contract within fourteen days without citing reasons. The fourteen-day cancellation period begins on the date that the contract is concluded.
To exercise your right to cancellation, you must provide us (KEIDEL Mineral and Thermal Baths, An den Heilquellen 4, 79111 Freiburg, Germany, firstname.lastname@example.org, Telephone: +49 (0) 761 2105 850) with a clear declaration (e. g. by post, fax or e-mail) of your decision to cancel this contract. To do so, you may use the enclosed sample cancellation form; however, this is not required.
The cancellation deadline will be deemed met if notice of your decision to exercise the right to cancellation is sent before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a method of delivery other than the cheapest standard delivery option that we offer), without delay and no later than fourteen days after the date on which we receive notice of your decision to cancel this contract. This refund will be effected via the same means of payment used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for the refund.
If you have requested that services commence during the cancellation period, you will owe us a fair and reasonable amount, equal to the proportion of services already provided at the time at which you notify us of your decision to cancel this contract with respect to the total services provided for in the contract.
The right to cancellation does not apply to the following contracts:
contracts for the provision of services in the areas of accommodations for non-residential purposes, the transport of products, vehicle rental, delivery of food and drink as well as the provision of additional services in connection with leisure activities if the contract stipulates a specific date or period of time for provision.
The right to cancellation will expire prematurely if we have provided the service in full and did not begin to carry out the service until you had given your express consent and simultaneously confirmed your knowledge that you will lose your right to cancellation once we have performed the contract in full.
Supplement to the cancellation policy for products
We can refuse to provide a refund until we have received the products or until you have provided evidence that you have sent the products back, whichever is earlier.
You must send back or hand over the products to us without delay and in any event within fourteen days of the date on which you informed us of the cancellation of this contract. The deadline will be deemed met if you send the products before the fourteen-day deadline expires. We will bear the cost of returning the goods. You will only be liable for any potential loss of value of the items if this loss of value is due to handling on your part which was not necessary for testing the quality, characteristics and functioning of the product.
Sample cancellation form
7. Retention of ownership
Any and all ordered products remain our property until complete payment is received.
In addition, the following applies to business operators: We retain ownership of all products until all accounts receivable from ongoing business relationships are settled in full. You may resell the reserved goods in the ordinary course of business; you must assign all receivables from said resale to us in the invoiced amount in advance – irrespective of any connection or involvement of the reserved goods in another matter – and we will accept this assignment. You will remain empowered to collect the receivables; however, we may also collect receivables ourselves if you do not fulfill your financial obligations.
8. Damages in transit
The following applies to consumers: If, upon delivery, your ordered products show obvious signs of damages caused in transit, please report such defects to the delivery company as soon as possible and contact us immediately. Failure to lodge a formal complaint or to contact us will not result in any repercussions to your legal claims or the assertion thereof, particularly as regards your warranty rights. However, you would help us in asserting our own claims against the carrier or the transport insurance.
The following applies to business operators: The risks of accidental destruction and accidental deterioration are transferred to you once we have delivered any items in question to the forwarding agent, the carrier or the person or establishment otherwise commissioned to ship the products. The obligation to inspect and give notice of defects laid out in Section 377 of the German Commercial Code (HGB) applies to all merchants. Should you fail to make such a report, the ordered product will be deemed approved, unless the matter involves a defect which was not apparent upon inspection. This does not apply in the case that we have fraudulently concealed a defect.
9. Guarantee and commercial warranties
Unless otherwise expressly agreed below, the statutory right to claims based on defects applies.
In cases where used products are purchased by consumers, any claims based on defects which have occurred one year after delivery of the product(s) or later are excluded. Defects which occur within one year of product delivery may be asserted within the scope of the statutory limitation period of two years from delivery of the product.
For business operators, the limitation period for claims based on defects in newly manufactured items is one year from the transfer of risk. The sale of used products excludes any guarantee whatsoever. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Solely our own information and the manufacturer’s product descriptions which were included in the contract are valid as an agreement with business operators on the nature of the product; we accept no liability for public statements made by the manufacturer or other advertising claims.
If the delivered product is defective, we will fulfill our guarantee to business operators by remedying the defect (rectification) or by delivering a defect-free product (substitute delivery) at our discretion.
The above limitations and shortened deadlines do not apply to claims arising from damages caused by us or our legal representatives or auxiliary agents
• in the case of damage to life, limb or health
• in the case of willful or grossly negligent failure to comply with obligations as well as fraud
• if material contractual obligations, upon whose fulfillment the proper implementation of the contract depends and on the adherence to which the contracting party can always rely (cardinal duties), are breached
• as part of a guarantee commitment, if agreed, or
• if the area of application of the German Product Liability Act has taken effect.
Information on additional valid warranties, if applicable, and their precise terms can be found with the product and on special information pages in the online shop.
We always bear unlimited liability for claims arising from damages caused by us or our legal representatives or auxiliary agents
• in the case of damage to life, limb or health
• in the case of willful or grossly negligent failure to comply with obligations
• in the case of guarantee commitments, if agreed, or
• if the area of application of the German Product Liability Act has taken effect.
If material contractual obligations, upon whose fulfillment the proper implementation of the contract depends and on the adherence to which the contracting party can always rely (cardinal duties), are breached on account of slight negligence on our part or on the part of our legal representatives or auxiliary agents, liability is limited to the amount of typically foreseeable damage upon conclusion of the contract.
Claims for damages are excluded in all other cases.
11. Dispute resolution
The European Commission has a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor prepared to take part in dispute resolution proceedings before a consumer arbitration body.
12. Protection of minors
Insofar as your order comprises products whose sale is subject to age restrictions, we will employ a reliable process which includes personal identity and age verification to ensure that the customer has reached the minimum required age for purchase. The delivery company will only hand over the ordered product to the customer personally after verifying the customer’s age.
13. Final provisions
If you are a business operator, then German law applies, excluding the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code or a legal entity or special fund under public law, the exclusive place of jurisdiction for all dispute cases from all contracts between you and us is our registered office.