Terms and Conditions with Customer Information

(The following General Terms and Conditions also contain legal information about your rights under the regulations on distance contracts and electronic commerce.)

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of title
8. Warranty of material defects and warranty
9. Liability
10. Storage of the contract text
11. Data protection
12. Place of jurisdiction, applicable law, contract language

1. Scope
1.1. For the business relationship between Positive Media & Webservice, www.pool-thermometer.eu, owner: Daniel Nusime, Eschenanger 14, 94560 Offenberg (hereinafter “Seller”) and the customer (hereinafter “Customer”) the following General terms and conditions in their version valid at the time of ordering.
1.2. You can contact our customer service for questions, complaints and complaints on weekdays from 6 pm to 8 pm on the phone number 0991/200 929 54 and by e-mail at shop@pool-thermometer.eu.
1.3. Consumers within the meaning of these General Terms and Conditions are any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code).
1.4. Deviating terms and conditions of the customer will not be accepted, unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as the stock lasts” unless otherwise stated in the products. For the rest, errors are reserved.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them via the button [in the shopping cart] in a so-called shopping cart. The customer can then proceed within the shopping cart to complete the ordering process using the [Continue to Checkout] button.
3.2. The customer submits a binding application for the purchase of the goods in the shopping cart via the [Buy] button. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller sends the ordered product to the customer within 2 days, handing it over or sending the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice has been confirmed.
3.4. Should the seller allow a prepayment payment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the Seller within 10 calendar days of dispatch of the order confirmation, even after a re-invitation, the Seller withdraws from the contract, with the result that the order is void and the order is no longer valid and the order is the seller does not have a delivery obligation. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a no more than 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery takes place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his expense, insofar as this is reasonable for the customer.
5.3. Should the delivery of the goods fail due to fault of the buyer despite three times an attempt to deliver, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to deliver a comparable product, the seller will immediately refund the customer any consideration already provided.
5.5. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment methods
6.1. The customer can choose from the available payment methods during and before the order process is completed. Customers will be informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by omission of the date. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay interest on late payment does not preclude the seller from asserting further damages for delay.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty of material defects and warranty
8.1. The warranty is determined in accordance with legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly surrendered. Customers will be informed of the warranty conditions prior to the initiation of the ordering process.

9. Liability
9.1. The following disclaimers and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other legal requirements of the claim.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the violation of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which the proper performance of the contract in the first place. and the customer regularly trusts in their compliance. In this case, however, the seller is only liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body and health, a defect after taking over a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer can print the contract text before placing the order to the seller by using the printing function of his browser in the last step of the order.
10.2. The Seller also sends the Customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions, together with the revocation instructions and the information on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11. Data protection
11.1. The seller processes personal data of the customer for specific purposes and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller for the fulfilment and processing of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request, to obtain information free of charge about the personal data stored by the seller about him. In addition, he has the right to rectification of incorrect data, blocking and deletion of his personal data, unless there is a legal obligation to retain it.
11.4. Further information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data by the Seller can be found in the Privacy Policy.

12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is German.