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Terms and conditions
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of application
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of the company Nextrend GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax or telephone.
2.3The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
2.7Only the German language is available for the conclusion of the contract.
2.8Order processing and contact are usually carried out by e-mail and automated order processing. The customer 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 customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option(s) will be communicated to the customer in the seller's online store.
4.4If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5If a payment method offered via the "PayPal" payment service is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes.
4.6If a payment method offered via the "mollie" payment service is selected, payment is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online store. To process payments, mollie may use other payment services for which special payment terms may apply, to which the Customer may be informed separately. Further information on "mollie" can be found on the Internet at https://www.mollie.com
4.7If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.
4.8If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://bernstein-badshop.de
5) Delivery and shipping conditions
5.1If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2Goods delivered by a forwarding agent are delivered "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.
5.3If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.
5.4If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.6If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
7.2If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims for defects are excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.3The above limitations of liability and shortening of the limitation period shall not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.4In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
8.2Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4Only one promotional voucher can be redeemed per order.
8.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
11) Code of Conduct
- The seller has submitted to the "EHI Certified Online Shop" quality criteria of the EHI Retail Institute GmbH, which can be found on the Internet at http://www.shopinfo.net
/haendler are visible./criteria /index.html - The seller has submitted to the Trusted Shops quality criteria, which can be found on the Internet at http://www.trustedshops.com
/tsdocument can be viewed./TS_QUALITY_CRITERIA_de.pdf
12) Alternative dispute resolution
12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
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.
12.2The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
SHOWER ENCLOSURE EX416 / DX416
WALK-IN SHOWER EX101
10 YEAR WARRANTY - WARRANTY CONDITIONS
Please keep all documents in a safe place as they form part of your purchase contract.
As a buyer of shower enclosures of the models EX416 / DX416 / EX101 for personal use, you receive a 10-year guarantee on the material and surface quality, functional safety and professional workmanship of this product and its components.
Name and address of the guarantor:
The guarantor is Nextrend GmbH, Weiherstraße 1, 65439 Flörsheim a.M., Germany.
Reference to the statutory rights of the consumer:
The statutory rights of the consumer in the event of defects are not restricted by this guarantee. These can be exercised free of charge.
Guarantee conditions:
1.
The guarantee only applies to new goods. Exhibition products are excluded from the guarantee, as they no longer correspond to the new condition due to use and demonstration effects.
2.
The guarantee covers the material and surface quality, functional safety and professional workmanship of the product and its components. The guarantee covers the glass, hinges, wall profiles and brackets.
It does not cover the maintenance of the new condition.
3.
The guarantee applies exclusively in favor of the buyer who has purchased the goods for his own personal use. It is non-transferable and extends to the territorial scope of the law applicable at the time of conclusion of the purchase contract. A claim outside this area of validity is excluded.
4.
This guarantee shall be fulfilled at the discretion of the guarantor by repair or subsequent delivery of the affected components of the product. The guarantee does not extend to the entire scope of delivery and does not include assembly.
5.
The guarantee is only valid if the product has been properly transported and installed by a specialist company. The high level of usability and functionality is only guaranteed if the shower and its wall profiles are installed precisely by qualified personnel and adapted to the structural conditions.
Damage of any kind that is attributable to operating errors or changes to the professional installation condition or consumables is excluded from the guarantee.
If there are manufacturer recommendations for the care of the product, damage caused by the use of third-party products not recommended by the manufacturer (e.g. impregnation or care products not recommended by the manufacturer, non-color-fast textiles and materials) is excluded from the guarantee.
6.
The guarantee ends ten years after the date of delivery of the product to the purchaser. The term is neither suspended nor interrupted by other services - such as the assertion of statutory warranty rights.
If the guarantor does not have a replacement part available due to a change in the model of the product in the meantime, the guarantor is free to provide the warranty service in another way at its own discretion, for example by supplying a functionally similar component of a successor model. If this is not possible or reasonable for the guarantor, the buyer's warranty claim shall lapse without replacement.
Registration of the warranty claim:
Claims under the guarantee must be made to the guarantor in writing or in text form, submitting the invoice, which is deemed to be the guarantee certificate. The buyer must describe the circumstances and provide evidence with meaningful documents and, if necessary, photos.
Upon receipt of the declaration, the guarantor shall declare to the purchaser within two weeks whether a warranty claim is recognized. The guarantor or a third party commissioned by the guarantor must be allowed to inspect the product on site by appointment in order to verify the justification of the claim.
Not covered by the guarantee:
- Normal and natural wear and tear of the product
- Wearing parts such as shower lips, base strips
- Damage incurred by the buyer due to normal and natural wear and tear
- Improper modifications by unauthorized persons
- Unusual, e.g. commercial use outside the private living area
- Improper handling of heat, moisture, liquids and care products
- Willful destruction, misuse or accidental damage
- All changes caused by agents containing acid, solvents or alcohol
- Typical product characteristics that do not constitute a material defect
- Additional services that arise in connection with the rectification of a material defect, planning and installation/assembly.