Conditions

General terms and conditions of business

 

1. Scope, definitions and subject matter of the contract

1.1. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between the

Riesenstern GmbH
represented by the managing director Jieun Song
Scheffelstrasse 83
40470 Dusseldorf
Germany

Phone: +49 (0) 157-57829254
Email: cs@riesenstern.com
Web: https://www.saboobath.com
VAT ID: DE319572196
Company headquarters: Dusseldorf
Registration court: District Court of Düsseldorf
Registration number: HRB 83833

(hereinafter referred to as "seller") and the customers (hereinafter referred to as "buyer" in a gender-neutral manner, collectively also referred to as "parties") of the seller.

1.2. These terms and conditions only apply if the buyer is a consumer. According to Section 13 of the German Civil Code, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. On the other hand, according to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.

1.3. These GTC apply in particular to contracts for the sale and/or delivery of movable items (hereinafter referred to as "goods"), which the buyer concludes with regard to the goods offered by the seller in his online shop.

1.4. These terms and conditions also apply to contracts for the delivery of chargeable vouchers, unless otherwise expressly regulated in these terms and conditions or otherwise agreed between the parties.

1.5. The general terms and conditions of the seller apply exclusively. If the buyer uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if the seller has expressly agreed to this.

2. conclusion of contract

2.1. The presentation and advertising of the goods in the seller's online shop do not constitute a binding offer on the part of the seller to conclude a purchase contract, but serve to submit a binding offer to conclude a purchase contract by the buyer.

2.2. The buyer initially submits a non-binding offer by filling out the integrated online order form and then placing the selected goods in the seller's virtual shopping cart. The buyer places a legally binding order (offer) to purchase the goods contained in the virtual shopping cart by clicking on the “Order with obligation to pay” button. Before sending his legally binding order, the buyer can view and change his entries at any time using the usual keyboard and mouse functions. However, the buyer can only submit and transmit his acceptance of the contract if he accepts these terms and conditions and the cancellation policy by clicking on the button that concludes the ordering process.

2.3. The seller will immediately confirm receipt of the order placed by the buyer in writing or in text form (a letter sent by post or by e-mail). Such a confirmation does not constitute a binding acceptance of the order, unless acceptance is declared in addition to confirmation of receipt.

2.4. A contract is only formed when the seller accepts the buyer's order (offer) within seven (7) days,
• by sending the buyer a declaration of acceptance (e.g. order confirmation) in written or text form (a letter sent by post or by e-mail) and the relevant point in time is the receipt of the declaration of acceptance by the buyer, or
• by the delivery of the ordered goods to the buyer and the relevant point in time is the receipt of the goods by the buyer, or
• by the seller asking the buyer to pay after placing his order.
If several of the aforementioned variants exist, the alternative that occurs first is decisive for the conclusion of the contract. If the seller does not accept the buyer's offer within the aforementioned period, this is considered a rejection of the offer and the buyer is no longer bound by his declaration of intent.

2.5. The time of the conclusion of the contract between the parties depends on the payment method chosen by the buyer.

2.5.1. PayPal

When selecting the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "Paypal"), subject to the below https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full PayPal terms of use. In the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. After entering his payment data and selecting the desired payment method, the buyer also confirms a payment order to PayPal by clicking on the button that concludes the ordering process. After confirming the payment order, the seller requests PayPal to initiate the payment transaction and accepts the buyer's offer if the button that completes the order process is clicked.

2.5.2. Shopify Payments

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

2.6. The seller saves the contract provisions, including the general terms and conditions, upon conclusion of the contract while maintaining data protection and sends them to the buyer in text form (by e-mail) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.7. The contract is concluded exclusively in German.

2.8. The buyer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the buyer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3. Age restricted goods

When ordering alcoholic beverages, the buyer confirms by submitting the order that they have already reached the legally required minimum age. The seller ensures that the buyer has reached the legally required minimum age, including a personal identity and age check. The deliverer hands over the goods only after a successful age check and authentication of the buyer.

4. right of withdrawal

4.1. As a consumer, the buyer has a fourteen-day right of withdrawal in accordance with the statutory provisions.

4.2. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4.3. Further information on the right of withdrawal can be found in the seller's cancellation policy.

5. Delivery, delivery period and delay in delivery

5.1. The delivery period and any existing delivery restrictions can be found under a correspondingly designated link "Shipping conditions" or in the respective product description in the seller's online shop.

5.2. Goods are delivered by mail to the delivery address specified by the buyer, unless otherwise agreed between the parties. The buyer's delivery address specified during the order in the online shop is decisive. The delivery address can be changed once (1) free of charge. Each additional change in the delivery address is EUR 2.00 (in words: two euros). It is no longer possible to change the delivery address as soon as the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.

5.3. The seller can leave the ordered goods at the buyer's delivery address if the buyer does not collect the goods within the agreed delivery period and has selected this delivery option during the ordering process. Otherwise, if the buyer does not accept the goods in good time, the seller is entitled to withdraw from the contract; the seller will immediately refund any consideration already provided by the buyer.

5.4. If delivery of the goods fails for reasons for which the buyer is responsible (in particular default of acceptance), the buyer is obliged to bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the buyer effectively exercises his right of withdrawal. If the buyer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.5. If the seller cannot meet binding delivery times for reasons for which he is not responsible (non-availability of the service), the seller will inform the buyer of this immediately and at the same time communicate the expected new delivery time. If the service is also not available within the new delivery period, the seller is entitled to withdraw from the contract in whole or in part; the seller will immediately refund any consideration already provided by the buyer. A case of unavailability of the service in this sense is, in particular, the failure to receive delivery from the seller's suppliers on time if the seller has concluded a congruent hedging transaction, if neither the seller nor his suppliers are at fault or the seller is not obliged to procure in individual cases.

5.6. The seller is entitled to make partial deliveries if this is reasonable for the buyer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.

5.7. Goods that are delivered by a forwarding agent are delivered "free to the curb". This means that the goods will be delivered to the nearest public curb of the specified delivery address. This only applies unless otherwise agreed between the parties.

5.8. It is not possible to collect the goods yourself.

5.9. The seller delivers to packing stations.

5.10. Gift vouchers are left to the buyer via email.

5.11. In the event of events of force majeure of not inconsiderable duration, which affect the fulfillment of the contract, the seller is entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part because of the unfulfilled part, insofar as the seller has fulfilled his prior obligation to provide information has complied and has not assumed the procurement risk in accordance with § 276 BGB or a delivery or performance guarantee. Force majeure is defined as unforeseeable and unavoidable as well as extraordinary events that are beyond the seller's sphere of influence and cannot be prevented or rendered harmless despite reasonable efforts by the seller. Circumstances of force majeure include, for example, war, strikes, unrest, expropriations, orders from higher authorities, pandemics and epidemics, difficulties in procuring raw materials and materials or delivery bottlenecks, cardinal changes in the law, storms, floods and other natural disasters as well as other circumstances for which the designation company is not responsible , in particular water ingress, power failures and interruptions or destruction of data-carrying lines. Any legal claims of the buyer remain unaffected.

 

6. Transport damage and transfer of risk

6.1. In the case of delivered goods with obvious transport damage, the buyer is asked to complain about this error to the deliverer as soon as possible and to contact the seller immediately. The omission of a complaint or contact has no consequences for the legal claims and their enforcement, in particular for the warranty rights of the buyer.

6.2. The risk of accidental loss and accidental deterioration of the goods sold passes to the buyer at the point in time at which the goods are delivered to the buyer or a person authorized to receive them or the buyer defaults in acceptance. In all other cases, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer if the seller is responsible for shipping. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold passes to the buyer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the buyer commissioned the carrier or the person or institution otherwise responsible for carrying out the shipment and the seller had not previously informed the buyer of this person or institution.

7. Prices, shipping costs and terms of payment

7.1. Unless otherwise stated in the seller's offer, the prices quoted are total prices. The total prices stated are in EURO and are gross prices including the statutory sales tax applicable on the day of invoicing and plus any delivery and shipping costs incurred. The amount of any delivery and shipping costs incurred will be specified separately in the respective product description.

7.2. If the transport company sends the shipped goods back to the seller because delivery to the buyer was not possible, the buyer bears the costs for the unsuccessful shipment. This does not apply if the buyer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had.

7.3. If the Buyer's order pursuant to Clause 5.5. by partial deliveries, the buyer only incurs shipping costs for the first partial delivery. If the partial deliveries are made at the request of the buyer, the seller calculates shipping costs for each partial delivery.

7.4. An overview of the shipping options and the resulting shipping costs can also be found under the "Shipping costs" link. The shipping costs are also displayed to the buyer on the overview page before the order is placed and must be confirmed.

7.5. If delivery is made to countries outside the European Union, additional costs may be incurred in individual cases. The buyer bears these costs if the seller is not responsible for them. These costs can include taxes, customs duties and other public charges, as well as costs for money transfers by banks (e.g. transfer fees, exchange rate fees). If necessary, some of the aforementioned costs may also arise for deliveries to countries within the European Union if the buyer makes the payment from a country outside the European Union.

7.6. The buyer can choose to pay the purchase price using the following payment methods:

7.6.1. When selecting the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the under PayPal Terms of Use available at www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. In the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. If the buyer is not already registered with PayPal, registration is required in advance in order to be able to pay the invoice amount via PayPal. After the registration process, the buyer must identify himself with his access data and confirm the payment order to the seller. The seller asks PayPal to initiate the payment after confirming the payment order. Payment via PayPal is automatic.

7.7. The statutory provisions on default of payment apply.

7.8. The buyer is only entitled to set-off rights if his counterclaims have been legally established or are undisputedly linked to the seller's main claim or recognized by the seller.

7.9. If, after conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that the seller's claim to payment is jeopardized by the buyer's inability to pay, the seller is entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw authorized by the contract (§ 321 BGB).

8. Liability for defects and guarantees

8.1. The seller is liable for material or legal defects in the delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects when purchasing new goods is two (2) years from the delivery of the goods.

8.2. The above limitations and shortening of deadlines do not apply to claims based on damage caused by the seller, his legal representatives or vicarious agents:
• for a building or an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness (building material), the statutory period of limitation is five (5) years from delivery (§ 438 Para. 1 No. 2 BGB)
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty or fraudulent concealment of a defect
• In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• as part of a promise of guarantee, if agreed between the parties
• as far as the area of ​​application of the Product Liability Act is open.

8.3. The buyer will find information on any applicable additional guarantees and their exact conditions with the product and on special information pages in the seller's online shop.

9. liability for damages

9.1. With regard to the services provided by the seller, the latter, his legal representatives and his vicarious agents are only liable in the event of intent or gross negligence.

9.2. In the event of a breach of essential contractual obligations, liability also applies to simple negligence, but limited to the foreseeable, contract-typical damage.

9.3. Essential contractual obligations are those obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer can regularly rely (so-called cardinal obligations). Claims for damages resulting from injury to life, limb or health as well as under the Product Liability Act remain unaffected by the above restrictions.

9.4. Incidentally, a liability of the seller is excluded.

10. retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

11. Redeeming Gift Vouchers

11.1. Value vouchers are vouchers (hereinafter referred to as "gift vouchers") that can be purchased via the seller's online shop and can only be redeemed there, unless the voucher states otherwise.

11.2. Gift vouchers are subject to the regular limitation period in accordance with § 195 BGB and lose their validity at the end of the third year after the year in which the gift voucher was purchased. Any remaining credit to which the buyer may be entitled will be credited to him by the expiry date. After the expiry date, any remaining credit expires.

11.3. The buyer must redeem the gift voucher before completing the ordering process in the input field provided for this purpose via the seller's online shop. Once the order process has been completed, the gift voucher can no longer be redeemed for the purchase made.

11.4. The buyer can only redeem one gift voucher per order.

11.5. The redemption of a gift certificate is only intended for the purchase of goods. It is not possible to purchase additional gift vouchers by redeeming a gift voucher.

11.6. If the amount of the gift voucher is less than the value of the goods in the order, the buyer must reimburse the outstanding balance to the seller. For this purpose, the buyer can select a payment method offered by the seller in his online shop.

11.7. A cash payment and interest on the value of a gift voucher does not take place.

11.8. The gift voucher is not transferable to third parties and can only be redeemed by the person named on the gift voucher. The seller can verify that the respective gift card holder is the legitimate holder and authorized to redeem the gift card.

12. data protection

12.1. The seller collects and stores the buyer's data necessary for the transaction. When processing the personal data of the buyer, the seller observes the legal provisions. The seller is entitled to transmit this data to third parties commissioned to carry out the order, insofar as this is necessary to fulfill the contract. Further details can be found in the seller's data protection declaration, which can be called up in the online offer.

12.2. Upon request, the buyer will receive information about the data stored about his person at any time.

12.3. Otherwise, the statutory data protection regulations apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-new) and the Telemedia Act (TMG).

13. Alternative Dispute Resolution

13.1. The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration board.

14. Final Provisions

14.1. The law of the Federal Republic of Germany applies to these GTC and the contractual relationship between the parties, excluding uniform international law, in particular the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

14.2. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

14.3. If the buyer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business in Düsseldorf.

Status: 01/01/2023