General Terms and conditions

1. Scope of application of these General Terms and Conditions

1.1 The following General Terms and Conditions apply to all orders placed with us (repaBAD GmbH, Bosslerstraße 13-15, 73240 Wendlingen) by consumers.

1.2 Consumer in the sense of Section 13 of the German Civil Code (BGB) means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

1.3 The following order applies to the type and scope of services which apply to both parties:

  • the provisions of our offer,
  • the additional contractual conditions specified in our offer and specific and general technical conditions,
  • these General Terms and Conditions,
  • the applicable statutory regulations.

2. Subject Matter of the Contract

2.1 The subject matter of the contract is always the article ordered by the Customer and the features and dimensions of our product description. Images on our website and in our catalogue are provided for general product information and purely as depictions, and they are not necessarily complete and correct, particularly regarding the shape and exact colour of products.

2.2 If nothing to the contrary is explicitly agreed, we provide no services to advise the customer in choosing the article as the subject matter of this contract. On the contrary, the customer is responsible for choosing the goods with regard to their technical data, dimensions, materials and their additional characteristics.

2.3 If nothing to the contrary is explicitly agreed, we provide no services for fitting, assembly or installation. The customer is responsible for this. We recommend that qualified personnel are exclusively used for this purpose.

3. Contractual Partner / Conclusion of Contract

3.1 The purchase contract is concluded with us, repaBAD GmbH.

3.2 Our offers are non-binding until a final order confirmation has been issued.

3.3 Your order constitutes an offer to conclude a purchase contract. We are entitled to accept this offer within 2 weeks, by sending an order confirmation or sending the goods. An agreement is only concluded when we accept the offer.

4. Customer’s Information Obligations

The customer must provide accurate personal information. Insofar as the customer changes his/her specified data while the purchase agreement is being processed, he/she is obliged to provide immediate notification of such changes. If the customer fails to do so or provides us with incorrect data, we are entitled to withdraw from the concluded purchase contract without any costs being involved. We are entitled to pass on to the customer any costs incurred by the goods being sent to the wrong place due to incomplete or incorrect address information.

5. Right of Withdrawal for Consumers / Exclusion of Withdrawal Right

5.1 Customers have a 14-day right of withdrawal in accordance with the following regulations:


Withdrawal Notice

Right of Withdrawal

As a customer you have the right to withdraw from this contract within 14 (fourteen) days without stating any reasons.

The withdrawal period is 14 (fourteen) days after the day when you or a third party you cite who is not the carrier has taken possession of the last goods. To exercise your right of withdrawal, you must notify us (repaBAD GmbH, Bosslerstraße 13-15, 73240 Wendlingen | telephone: +49 (0) 70 24 / 94 110 | Fax: +49 (0) 70 24 / 94 11 30 | email: info@repabad.com) using a clear declaration (for instance, a letter sent by post, phone call, telefax or email) regarding your decision to withdraw from this contract.
You can use the following sample withdrawal form, but its use is not mandatory.

For complying with the term of notice for withdrawal, it is sufficient that the notification of exercising the right of withdrawal is sent before the term of notice for withdrawal expires.

Consequences of Withdrawal

If you withdraw from this contract, we must immediately – and at the latest within fourteen days of the day when we receive notification of your withdrawal from this contract – reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs due to you having chosen a different type of delivery than the cheapest standard delivery). For this reimbursement we use the same payment method as the one you used in the original transaction, unless something to the contrary was explicitly agreed with you; under no circumstances will you be charged for this reimbursement.

We may refuse to reimburse you until we have received the returned goods or you have proved that you have returned the goods, depending on what is earlier.

You must return or hand over the goods immediately, and in any case at the latest fourteen days after the day you notify us of your withdrawal from this contract. The goods must be returned exclusively to our postal address repaBAD GmbH, Bosslerstraße 13-15, 73240 Wendlingen. The deadline is complied with if you send the goods before the term of fourteen days expires. You bear the direct costs for returning the goods. If returning the goods by post is normally not possible, we fetch the goods from you at your cost or organise their return transportation on your behalf.

You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is unnecessary for checking their state, properties and functionality.

End of Withdrawal Notice


Sample Withdrawal Form

To: repaBAD GmbH, Bosslerstraße 13-15, 73240 Wendlingen | telephone: +49 (0) 70 24 / 94 11 0 |Fax: +49 (0) 70 24 / 94 11 30 | e-mail: info@repabad.com

I/we hereby withdraw (*) from the contract concluded by me/us (*) on the purchase of the following goods (*):

Ordered on (*)/received on (*):

Name of consumer(s)/address of consumer(s):

Signature of the consumer(s) (only for notification on paper):

Date

(*) Cross out inapplicable.


5.2 In the case of withdrawal from orders the following regulations must be followed:

  1. In the case of a withdrawal request a return delivery note at info@repabad.com. This should be placed in the package with the articles which are to be returned to us. As far as possible, the articles should be sent back to us in the original packaging, together with all accessories and packaging components. If possible, protective outer packaging should be used. If the original packaging is no longer available, suitable packaging should be used for adequately protecting the goods against transportation damage. In the case of bulky goods, we reserve the right to fetch them ourselves or organise their return transportation.
  2. In the case of an effective withdrawal, the costs of returning the goods are to be borne by the customer. Please understand that all deliveries of returned goods can only be accepted by us if they are adequately postpaid. Please do not return the articles not prepaid to us. Returning bulky goods, such as bath tubs, can involve considerable costs.

5.3 The modalities cited in provision 5.2. are not a prerequisite for effectively exercising your right of withdrawal.

5.4 Rights to have defects remedied/warranties in the case of a defect are not affected by this right of withdrawal.

6. Delivery Conditions / Delivery Deadlines / Part Deliveries

6.1 The ordered goods are delivered by a parcel delivery service or a forwarding agency commissioned by us

6.2 We deliver the goods from the warehouse to the specified address, unless otherwise agreed and confirmed in writing. Delivery times and dates indicated by us are only agreed as approximations, unless we have explicitly promised or agreed on a fixed deadline. The delivery time begins on the day the order confirmation is sent, but not before the prompt, proper and complete fulfilment of the customer’s obligations. We decide the delivery route and method. Insofar as a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or the stairway of the customer or because the customer could not be reached at the specified delivery address despite adequate notice being given regarding the delivery time, the customer shall pay for the costs of the unsuccessful delivery.

6.3 If goods are delivered with obvious transportation damage, the customer should notify the delivery company about the defects immediately, as far as this is possible, and contact us without delay. Failure to complain or establish contact shall not have any consequences for the customer’s statutory rights and their enforcement, particularly regarding warranty rights. However, the customer shall help us to enforce our own rights regarding the forwarding agent or the transport insurance.

6.4 When this has been accordingly agreed, the customer shall have the possibility of collecting the ordered article at the following address: repaBAD GmbH, Bosslerstraße 13-15, 73240 Wendlingen, during the following opening hours: Monday to Friday from 8:00 till 15:00, except on public holidays in Baden-Württemberg and also not on 24th and 31st December.

6.5 Part deliveries are permissible, if

  • the part delivery can be used by the customer for the contractually agreed intended purpose,
  • delivery of the remainder of the ordered goods is guaranteed and
  • the Customer does not incur any significant additional expense or significant additional costs thereby unless we agree to bear such additional costs.

6.6 In the event that we agreed on assembly and fitting services, the customer must ensure unhindered, surfaced access with adequate load-bearing capacity to the assembly site. Before the assembly and fitting date, the customer must perform the necessary preparation work for the goods to be delivered by us and fit the necessary supply and disposal pipes for water and waste water as well as cables and wiring for electricity. The customer must mark the connecting cables, drains, electric wiring and piping in the building. If the assembly and fitting cannot or can only be partly performed due to circumstances for which the customer is responsible, we shall charge for the costs incurred by the inability to perform or complete such work.

7. Prices / Payments / Payment Conditions

7.1 The price shall be based on our offer or – insofar as no offer is available – on our price list valid at the time of order placement.

7.2 Any deduction for an early payment discount requires a specific agreement. Prompt arrival of payment on our bank account shall be the decisive criteria for entitled deduction for early payment.

7.3 The listed price shall be due for payment upon conclusion of the contract. The following payment methods are available for the customer to pay the price for the subject matter of the contract:

  1. Purchase on Account
    We offer purchase on account. The amount invoiced is due upon receipt of the invoice.
    Unless otherwise specified, our invoices are due for payment without any deduction within
    30 days of the invoice date. Thereafter the customer shall be in default without a separate
    reminder being required.
  2. Prepayment
    The customer receives a proforma invoice from us by email or post with the request to
    transfer the outstanding amount to the specified account, stating the order number and
    customer number, immediately after receiving the invoice. We will send your order to you as
    soon as this amount has been credited to our account.
  3. Cash Payment Upon Collection
    With an appropriate agreement the customer may collect the goods at the business address
    specified in provision 6.4. There the customer receives the invoice and pays immediately
    with a debit card.

We reserve the right to not offer certain types of payment in an individual case.

7.4 Insofar as there are additional freight charges, these are indicated in the course of the order process.

7.5 If the customer defaults on his/her payment obligations, we shall be entitled to charge interest on arrears in accordance with statutory regulations. Irrespective of this, we shall be entitled to enforce additional claims for compensation, particularly higher interest, additional costs and appropriate dunning charges. We may charge the customer for any bank charges which we incur due to incorrect account data or unjustified return money transfers, unless the customer is not responsible for the incorrect information. The customer is entitled to prove that we have not incurred any damage or have incurred less damage than we claim.

8. Retention of title

8.1 The goods shall remain our property until complete payment of the purchase price. The customer is obliged to handle the supplied goods with care.

8.2 In the event of contractual violation by the customer, particularly failure to pay the stipulated purchase price, we shall be entitled to withdraw from the contract in accordance with statutory regulations and demand the return of the goods (hereinafter also “goods subject to retention of title”) on the basis of the retention of title and the withdrawal from the contract. If the customer does not pay the purchase price, we shall only be entitled to enforce these rights if we previously unsuccessfully set the customer an appropriate deadline for payment or if setting such a deadline is unnecessary according to statutory regulations.

9. Customer’s Claims for Defects

9.1 The statutory rights arising from product defects apply. Consequently, in the event of defects the customer has the right particularly – but not exclusively – to demand supplementary performance. Furthermore, under certain circumstances the customer may withdraw from the contract, for instance if supplementary performance is not provided within an appropriate deadline set by the customer, this supplementary performance is refused or fails twice.

9.2 The customer’s claims become time barred in accordance with statutory regulations, i.e. in the case of bath tubs and whirlpools generally after 5 years, and for other deliveries and services (for instance whirlpool and steam bath technology/electrics, washbasins, bathroom furniture or fragrance devices) after 2 years. The limitation period begins at the time of risk transfer in each case.

9.3 In the event of an unjustified claim for defect(s) we have the right to reimbursement of expenses incurred for checking – and insofar as requested – for remedying the alleged defect(s). Against this background, the customer is notified that subsequent changes or deteriorations of the goods caused by improper handling on the part of the customer (for instance, using unsuitable maintenance and care products), generally do not constitute defects.

10. Claims for damages and expenses

10.1 Subject to the regulation in provision 10.2, any and all the customer’s claims for damages and compensation for expenses are excluded regardless of their legal grounds; this applies in particular to claims for damages on the grounds of faults during contractual negotiations, contract initiation or business contacts of a similar nature, or on the grounds of other breaches of duty and tortious claims for compensation of property damages according to Section 823 of the German Civil Code (BGB), and of expenses on the part of the customer in lieu of a claim for compensation instead of performance.

10.2 The limitation of liability as specified in Section 10.1 does not apply

  1. insofar as the damage was caused by intention or gross negligence by us or our representative or vicarious agent.
  2. insofar as the damage was caused by minor negligence, whereby the damages shall then be restricted to the contractually typical, foreseeable damage.
  3. in the event of a culpable breach of important cardinal duties; in all such cases the compensation for damages shall also be restricted to the contractually typical, foreseeable damage. Contractual cardinal obligations are such duties as protecting the essential contractual legal positions of the customer, which must be granted to the customer by the contract according to its content and purpose. Cardinal obligations are also such duties whose performance is necessary for proper execution of the contract and on whose performance the customer is entitled to rely;
  4. in cases of mandatory liability under product liability law;
  5. in cases of damage from loss of life, bodily injury or damage to health;
  6. in the event of default, insofar as a fixed deadline for the delivery and service has been set by contractual agreement;
  7. in the event of fraudulent concealment of a material defect, on assumption of the procurement or production risk as specified in Section 276 of the German Civil Code (BGB), or on exceptional assumption in writing of a quality or durability guarantee as specified in Section 443 of the German Civil Code (BGB);
  8. in any other cases of legally mandatory liability.

Reversal of the burden of proof is not associated with the aforementioned provisions.

10.3 Any compensation claims on the part of the customer are limited to the value of the interest which the customer has in the fulfilment of the contract.

10.4 Insofar as our corporate liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff members, representatives and vicarious agents.

11. Force majeure

If force majeure events occur, i.e. performance hindered for more than 14 calendar days without own fault, we shall undertake all reasonable efforts to notify the customer if delivery is delayed due to force majeure without own fault for the delay. In such cases we shall be entitled to delay the provision of services by the duration of the hindrance plus a reasonable start-up period, or withdraw from the contract in whole or in part in respect of the non-fulfilled part of the contract, insofar as we have fulfilled our obligation of notification, made no agreement to bear the procurement or manufacturer risk, and the hindrance is not just temporary. The customer then does not have to provide any counter-performances. Force majeure includes strikes, lockouts, governmental interventions, epidemics and pandemics, energy and raw material shortages, transport bottlenecks and disruptions of operations beyond our control (e.g. through fire, water or machine damage), and all other types of hindrances which, viewed objectively, are not due to any wilful act or negligence on our part.

12. Choice of Law

These General Terms and Conditions and their basis for the contracts concluded between the customer and ourselves are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods. Irrespective of the above choice of law, consumers with regular residence outside the Federal Republic of Germany always have the right to invoke the law of the country of their residence.

13. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR),which customers can find at https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution before a consumer arbitration institution.

14. Privacy Policy

Within the course of fulfilling the contract we shall comply with all respective data protection regulations – particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act. Details on data processing and the rights of data subjects can be found on our website at https://www.repabad.com/data protection/ .

15. Final Provisions

Should a provision of these terms and conditions and the affected additional agreements be or become legally ineffective, the validity of the other terms and conditions shall remain unaffected. Insofar as there are any legally ineffective provisions, these shall be replaced by statutory regulations.

(11/2021)

1. Scope of application, order, data protection

1.1 All our deliveries of goods and services are performed exclusively according to the following terms and conditions. These are also applicable to all future transactions with the purchaser, insofar as they are of a similar nature. Any terms and conditions of the purchaser contrary to or deviating from our general terms and conditions will not be accepted by us unless we explicitly consent to their validity in writing. Our general terms and conditions remain valid even if we perform a delivery without reservation in the full knowledge of terms and conditions of the purchaser contrary to or deviating from our general terms and conditions.

1.2 Our terms and conditions also apply to future transactions with the purchaser, insofar as these business transactions are of a similar nature.

1.3 The following order applies to the type and scope of services which apply to both parties:

  • the provisions of our order confirmation or, insofar as no order confirmation is available, the provisions of our offer,
  • the additional contractual conditions specified in our order confirmation and specific and general technical conditions or, insofar as no order confirmation is available, the additional contractual conditions specified in our offer and specific and general technical conditions,
  • these sales and delivery conditions,
  • the applicable statutory regulations.

1.4 The general terms and conditions specified hereunder apply solely to entrepreneurs as defined by Section 14 Par. 1 BGB (German Civil Code) or legal entities under public law or public funds governed by public law. An entrepreneur according to Section 14 BGB is a natural person or legal entity or a judicable partnership acting in the exercise of their commercial or self- employed occupational activity when entering into a legal transaction.

1.5 Within the course of fulfilling the contract we shall comply with all respective applicable data protection regulations – particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act. Details on data processing and the rights of data subjects can be found at the end of these General Terms and Conditions and in our Privacy Policy on our website at www.repabad.com/datenschutz.html.

1.6 The contractual parties shall also subject their employees and any possible subcontractors to the data protection regulations.

2. Quotations, quotation documents, conclusion of contract, right of modification

2.1 Our offers are non-binding until a final order confirmation has been issued.

2.2 We reserve our property rights and copyrights with regard to drawings and other quotation documents; these must not be made accessible to any third parties without our explicit prior consent. Any reference to technical standards or other information contained in these documents or any other documents provided by us serves as performance specification only and does not constitute any warranty promise, in particular any guarantee of quality or durability.

Insofar as we provide recommendations for using our delivery/service, we shall provide these to the best of our knowledge. However, because of the great number of possible uses, different requirements and individual conditions for use, we do not accept any liability for the suitability of the goods for a specific possible use unless we have explicitly provided a written assurance for the suitability. The purchaser shall always be obligated to check the suitability of the goods for their envisaged purpose.

2.3 An order placed with us is a binding offer on the part of the purchaser. We are entitled to accept this offer within 2 weeks by either sending an order confirmation to the purchaser or delivering the ordered goods to the purchaser within that period. Punctual dispatch of either the order confirmation or the ordered goods shall be sufficient for period keeping.

2.4 We reserve the right to effect modifications of design and form, deviations in colour shades, changes in the scope of delivery and other alterations or deviations in the promised delivery even after the order confirmation has been issued, as far as such alterations or deviations in consideration of our interests are reasonable for the purchaser. Furthermore, we are entitled to provide deliveries with customary increased or reduced delivery amounts with a deviation in scope of up to 10% compared to the ordered amount.

3. Prices, terms of payment, rescission, offset/retention

3.1 The price shall be based on the order confirmation or – insofar as no order confirmation is available – based on our offer, and otherwise on our price list valid at the time of order placement.

3.2 Unless stated otherwise in the order confirmation or our price list, our prices are quoted ex works or ex warehouse (see provision 4.1), excluding packaging, transport costs and customs duties. Furthermore, the prices quoted are net plus the respective applicable statutory value-added tax. For deliveries within the EU purchasers must state their value-added tax ID no. If a delivery is not subject to value-added tax the purchaser must notify us accordingly in good time and provide the necessary proof.

3.3 Any deduction for an early payment discount requires a specific agreement in writing. Prompt arrival of payment on our bank account shall be the decisive criteria for entitled deduction for early payment.

3.4 Unless stated otherwise in the order confirmation, payment of the purchase price is due immediately, even for partial deliveries.

3.5 Unless otherwise specified, our invoices are due for payment without any deduction within 30 days of the invoice date. Thereafter the customer shall be in default without a separate reminder being required. Default interest shall be charged at 9% p.a. in excess of the current base rate according to Section 247 BGB. This is without prejudice to the assertion of claims for collateral damages. Cheques and bills of exchange are not accepted as means of payment.

3.6 If any circumstances come to our knowledge which cast doubt on the purchaser’s creditworthiness, or if our claim for payment is substantially endangered due to over-indebtedness of the purchaser, or if the purchaser is in default with payment of the purchase price, we shall be entitled to demand advance payment in full or the provision of securities, and to withdraw from the contract if such conditions are not fulfilled within the set time limit.

3.7 The purchaser is only entitled to set-off, if his/her counterclaims are legally established, undisputed or recognised in writing by us. The purchaser is entitled to exercise a right of retention, if his counterclaim is based on the same contractual relationship.

In the case of defects the purchaser shall only be entitled to a right of retention if the goods are obviously defective. Furthermore, the amount of payment withheld must be appropriate with regard to the defects and the envisaged costs of supplementary performance.

4. Risk transfer, transport costs, packaging

4.1 Unless stated otherwise in the order confirmation, our ex works or warehouse delivery (EXW) is agreed. With handover of the delivery item to a forwarder or freight carrier, but at the latest when the delivery item has left our premises or one of our delivery warehouses, the risk is transferred to the purchaser. This also applies if we bear the costs of transport. Shipment is effected invariably on behalf of the purchaser.

If shipment is delayed by circumstances caused by the purchaser, the risk is transferred to the purchaser from the day when the goods are ready for shipment.

4.2 If we have agreed a “free domicile” delivery with the purchaser, and the delivery address is no more than 50 km distant from the company domicile of the purchaser, we bear the transport costs to the front door. For the delivery of installation accessories, service parts and similar products, this only applies if the delivery is made in connection with the delivery of a bath tub, whirlpool or steam bath. If the delivery address is located on an island, the purchaser shall be liable to pay a freight surcharge in every case.

4.3 We do not take back transport packaging. The purchaser is obliged to dispose of this at his/her own expense.

5. Delivery, partial delivery, delivery time, procurement risk/procurement guarantee, self-delivery/force majeure

5.1 Part deliveries are permissible, if

  • tthe partial delivery can be used by the purchaser for the intended purpose,
  • delivery of the remainder of the ordered goods is guaranteed and
  • the purchaser does not incur any significant additional expense or significant additional costs thereby, unless we agree to bear such additional costs.

5.2 Delivery times and dates indicated by us are only agreed as approximations, unless we have explicitly promised or agreed on a fixed deadline. The delivery time begins on the day when the order confirmation is sent, but not before the punctual, proper and complete fulfilment of the obligations with which the purchaser must comply before delivery, i.e. particularly not before all documents, authorisations and approvals required from the purchaser have been provided and prepayments have been made as agreed. Delivery time and delivery deadlines must be complied with if the delivery item has left the works or the distribution depot by the end of the delivery time or if there has been notification that the goods are ready for delivery.

5.3 In the case of contractual amendments which may have an effect on the delivery time, the delivery time shall be extended by a reasonable period, unless agreed otherwise by special contractual arrangement.

5.4 We accept no procurement risk unless a special written agreement has been made to that effect using the wording “We bear the procurement risk for …”. Consequently our obligation to deliver an item solely defined by its type constitutes neither the acceptance of a procurement risk nor a procurement guarantee.

5.5 If for reasons beyond our control we fail to receive any deliveries or services from our sub-suppliers or sub-contractors correctly (i.e. in terms of quantity and quality according to the delivery agreed on with the purchaser), or on time, in spite of correct congruent procurement planning on our part, or in the event of force majeure, i.e. performance impediments not due to a wilful act or negligence on our part with a duration of more than 14 calendar days, we shall notify the purchaser to that effect immediately. In such cases we shall be entitled to delay the deliveries and services by the duration of the impediment plus a reasonable start-up period, or withdraw from the contract in whole or in part in respect of the non-fulfilled part of the contract, insofar as we have fulfilled our aforementioned obligation of notification, made no agreement to bear the procurement or production risk, and the impediment is of a permanent nature. Force majeure includes strikes, lockouts, governmental interventions, energy and raw material shortages, transport bottlenecks and disruptions of operations beyond our control (e.g. through fire, water or machine damage), and all other types of impediments which, viewed objectively, are not due to any wilful act or negligence on our part.

If an agreed date or period of time for a delivery or service has been exceeded due to the aforementioned circumstances by more than four weeks, or if in the event of a non-binding date of delivery/service further adherence to the contract on the part of the purchaser would be objectively unreasonable, the purchaser shall be entitled to withdraw from the contract on the grounds of the part of the contract not yet fulfilled. In such a case, the purchaser shall have no further rights, in particular no rights to claims for damages.

5.6 Even in the event of a delivery default due to a wilful act or negligence on our part, the purchaser shall be entitled to claim damages on the grounds of late delivery in lieu of the delivery and compensation for expenses incurred only according to the conditions specified under Section 7.

6. Legal and material defects

6.1 Any claims of the purchaser regarding defects require that he/she checked the quantity and condition of the goods immediately after receiving them and provided written notice of the defects in good time (for instance by email, telefax); the notice shall be deemed to have been provided in good time if we receive it within 5 calendar days, calculated from the day of receipt, or in the case of hidden defects calculated from the day defects are discovered. In the case of mutual business transactions between entrepreneurs the obligation to check and to provide notice of defects pursuant to Section 377 of the German Commercial Code (HGB) shall remain unaffected. If the delivered goods, in terms of their type or utilisation purpose are to be fitted into another object or to be attached to another object, the purchaser must already check the delivered goods before fitting or attaching them.

6.2 We accept no liability for defects due to faulty installation on the part of the purchaser or third parties, normal wear and tear or non-observance of cleaning and maintenance instructions. Any claims for defects shall be excluded after final inspection especially for silicone joints (maintenance joints according to DIN 52460) and sealing lips.

6.3 In the event of a delivery or service defect whose cause was already known at the time of risk transfer, the purchaser shall be entitled to supplementary performance at our option either by rectification of the defect or by delivery of a new item free of defects. We shall bear the costs of expenses necessary for supplementary performance – for instance in particular working, material, transportation and travelling costs – if the costs of the chosen supplementary performance do not exceed the value of the delivered goods by more than 100%, or by 150% if we are at fault.

6.4 In the event of any items other than the defective delivery item being damaged in the course of supplementary performance, the purchaser shall be entitled to claim such damages only as specified in Section 7 below.

6.5 If we are not prepared to grant supplementary performance, or if such performance fails at least twice, or the supplementary performance is unreasonable for the purchaser, or setting of a deadline according the alternative regulations specified in Section 281 Par. 2, 323 Par. 2 BGB is dispensable, the purchaser shall be entitled at his option to either reduce the price or withdraw from the contract. This does not apply to construction work as subject of liability for defects; here the purchaser shall not be entitled to withdraw from the contract even in the cases as specified in the aforementioned Clause 1. In any case, the purchaser is only entitled to claim damages or compensation for expenses as specified in Section 7 hereunder. The purchaser’s rights of recourse against us within the framework of supplier recourse pursuant to Sections 445a, b, 478 of the German Civil Code shall exist only insofar as the purchaser has not agreed with his consumer on any claims for defects which go beyond statutory requirements.

7. Claims for damages and expenses

7.1 Unless provided otherwise above, any and all claims for damages and compensation for expenses are excluded regardless of their legal grounds, subject to Section 7.2 hereunder; this applies in particular to claims for damages on the grounds of faults during contractual negotiations, contract initiation or business contacts of a similar nature, or on the grounds of other breaches of duty and tortious claims for compensation of property damages according to Section 823 BGB, and of expenses on the part of the purchaser in lieu of a claim for damages instead of performance.

7.2 The limitation of liability as specified in Section 7.1 does not apply

  1. insofar as the cause of damage is due to a wilful act or gross negligence on our part or on the part of our representatives or vicarious agents, with the compensation for damages being restricted to the foreseeable and transaction-typical damage in the case of gross negligence;
  2. in the event of a culpable breach of essential contractual duties; in all such cases the compensation for damages shall also be restricted to the transaction-typical damage foreseeable at the conclusion of the contract. Essential contractual duties shall be such duties as protect the essential contractual legal positions of the purchaser, which must be granted to the purchaser by the contract according to its content and purpose. Essential contractual duties are also such duties whose performance is necessary for proper execution of the contract and on whose performance the purchaser is entitled to rely;
  3. in cases of mandatory liability under product liability law;
  4. in cases of damage from loss of life, bodily injury or damage to health;
  5. in the event of default, insofar as a fixed deadline for the delivery and service has been set by contractual agreement;
  6. in the event of fraudulent concealment of a material defect, on assumption of the procurement or production risk as specified in Section 276 BGB, or on exceptional assumption in writing of a quality or durability guarantee as specified in Section 443 BGB;
  7. in any other cases of legally mandatory liability.

Reversal of the burden of proof is not associated with the aforementioned provisions.

7.3 Any compensation claims on the part of the purchaser for expenses are limited to the value of the interest which the purchaser has in the fulfilment of the contract.

7.4 Insofar as our corporate liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff members, representatives and vicarious agents.

8. Limitation

8.1 Subject to clause 2 hereinafter, any claims for defects involving repaBAD bath tubs and whirlpools become time-barred after 5 years. For all other deliveries and services (for instance whirlpool and steam bath technology/electrics, washbasin and bathroom furniture) claims for defects are time-barred after 2 years. The limitation period begins at the time of risk transfer in each case. For deliveries and services for and/or on a building, the statutory periods remain valid (Sections 438 Par. 1 clause 2, 634a Par. 1 clause 2 BGB); this also applies to the limitation period for recourse claims on the grounds of a supplier regress according to Sections 4445a, b, 478 BGB.

In goodwill cases, the limitation period for claims for defects shall not begin anew with after an attempted supplementary performance on our part. In the event of a supplementary performance entitlement, our acceptance of the claim in the form of supplementary performance through rectification or replacement delivery according to Section 212, Par.1, clause 1 BGB shall be limited to such defects as were the subject of the purchaser’s request for supplementary performance, or which are caused by a faulty supplementary performance; notwithstanding the limitation period for the original delivery item shall continue.

8.2 Any other claims for damages incurred by the purchaser from or in connection with a delivery become time-barred 12 months from detection or grossly negligent lack of knowledge of the damage and the damaging party, and after 5 years from incursion regardless of detection or grossly negligent lack of knowledge.

8.3 In cases as specified in Section 7.2, the statutory limitation period for claims for damages and expense compensation remains valid.

9. Retention of title

9.1 The delivered goods remain our property until all receivables from the business relationship between our company and the purchaser have been paid in full (reserved goods), even if payments are made for specified receivables. Even the inclusion of individual receivables in a current account invoice, as well as balancing of the account and acceptance of the same shall have no effect on the reservation of proprietary rights. Payment shall only be regarded as made when we receive money or credit.

9.2 Should the reserved goods be resold by the purchaser, either alone or together with goods which are not our property, the purchaser already now assigns to us all claims arising from the resale to the amount of the value of the reserved goods, with all ancillary rights and with priority above the remainder; we accept this assignment. The value of the reserved goods is the total amount due to us as shown on our invoice (including VAT) plus a security surcharge of 10 per cent which, however, shall not be applied to the exent that the rights of third parties are enforceable against it. If we are co-owners of the resold reserved goods, the assignment of the claims shall apply to the amount equivalent to the proportional value in our joint property.

9.3 Should the reserved goods be installed as a fixture on a piece of property owned by the purchaser or a third party, the purchaser shall already now assign to us all claims arising from the sale of the property or of property rights and/or claims for remuneration arising against third parties from the installation to the amount of the value of the reserved goods, with all ancillary rights including the right to be granted a security mortgage, and with priority above the remainder; we accept this assignment. The aforementioned Section 9.2, clause 2, applies accordingly.

9.4 The purchaser shall be entitled and authorised to effect the resale, use or installation of the reserved goods only in the ordinary course of business and only on condition that the claims as specified in Sections 9.2 and 9.3 are in actual fact assigned to us. The purchaser is not authorised to make any other disposals of the reserved goods, in particular to pledge or transfer such goods as securities.

The purchaser remains authorised to collect the receivables assigned to us as specified in the aforementioned Sections 9.2 and 9.3 until we give notice of revocation; this is without prejudice to our entitlement to collect the assigned receivables ourselves. We will not exercise our right of revocation nor our own collection authority as long as the purchaser fulfils his payment obligation from the proceeds and does not enter into default. At our request, the purchaser shall name the debtors of the assigned claims and supply all information required for collection, hand over the relevant documents and notify the debtors of the assignment; we shall also be authorised to notify the debtors of the assignment ourselves.

9.5 In the event of cessation of payments or an application for opening insolvency procedures on the part of the purchaser, all rights to resale, use or installation of the reserved goods and the authorisation to collect the assigned claims shall expire.

9.6 In cases of breach of contract on the part of the purchaser, in particular payment default, and of presence of further legal prerequisites according to Section 323 BGB, we shall be entitled to withdraw from the contract and collect the reserved goods following our withdrawal from the contract. Following collection of the reserved goods, we shall be authorised to dispose of such goods; the proceeds from the disposal less reasonable disposal costs shall be offset against the purchaser’s debts.

9.7 The purchaser shall be obliged to take due care of the reserved goods and insure such goods at his own expense at replacement value against loss or damage through fire, water and theft. The purchaser shall assign to us already now any claims against insurance for damage to the reserved goods to the value of the reserved goods; we accept this assignment.

10. Place of fulfilment, legal venue, applicable law, severability clause

10.1 The place of fulfilment and supplementary performance is our company domicile. The place of fulfilment for paying the price and for the other performances of the purchaser is also our company domicile.

10.2 The legal venue is our company domicile, if the purchaser is a merchant, legal entity under public law or a fund under public law, without prejudice to our entitlement to take legal action against the purchaser also at another legal venue.

10.3 The law of the Federal Republic of Germany shall apply. If the purchaser is domiciled outside Germany (Art. 10 CISG), the standard UN commercial law (CISG) shall be applicable in addition to the contractual agreements and our general terms and conditions, thereby taking precedence over the other statutory regulations under German law.

10.4 Should a provision of these terms and conditions be or become legally ineffective, the validity of the other terms and conditions shall remain unaffected. The contractual partners shall be under obligation to endeavour to replace the ineffective provision with a regulation that comes as close as possible to the original provision in terms of its commercial effect.

Privacy Policy

1. We collect, store, process and use the purchaser’s personal data if, insofar and as long as they are necessary for establishing, implementing or terminating this contract. Further-reaching collection, storage and use of the purchaser’s data shall occur only if this is required or allowed by statutory legislation or the purchaser has consented to this.

2. The purchaser is aware that the implementation of pre-contractual measures and fulfilment is necessary on the basis of Art. 6 (1) letter b) GDPR: inter alia his/her name, the contact person, the entrepreneurial capacity and the address.

3. Within the framework of statutory requirements we are entitled to check the risk of payment defaults by the purchaser for the purpose of the decision on establishing, implementing or terminating the contract between the two parties. Data for this purpose are collected, processed and used on the basis of Art. 6 (1) letter b) GDPR.

4. We shall also be entitled to transfer the data to third parties, if and insofar as this is necessary for implementing pre-contractual measures and for fulfilling this contract (for instance for dispatch, invoicing or customer support) pursuant to Art. 6 (1) letter b) GDPR or for fulfilling a legal obligation in the sense of Art. 6 (1) letter c) GDPR. Within the framework of statutory requirements, under certain circumstances we may also use forward these data to third parties (for instance debt collection companies) for the purpose of enforcing claims consistent with Art. 6 (1) letter b) and/or f) GDPR.

5. Pursuant to statutory requirements, upon request we shall provide the purchaser free-of-charge information about his personal data which has been stored. Pursuant to statutory requirements, the purchaser shall have the right to request reporting, erasure, restriction of the processing of data concerning him or her or transfer of such data to a third party. The purchaser shall also be entitled to lodge a complaint with a supervisory authority.

6. The purchaser may object at any time to any possible use of his or her personal data (i) for the necessary performance of a task which was assigned to us in the public interest or through the exercising of public authority or (ii) for the necessary protection of our legitimate interests or those of a third party – such as, if necessary in accordance with the above provision 4 – pursuant to Art. 21 (1) GDPR through a formless notification to us. If we are unable to demonstrate any overriding compelling legitimate grounds for processing the affected data, we shall no longer use such data for these purposes after receiving the objection.

7. In the same way the purchaser may at any time object free-of-charge to the use of his or her personal data for direct marketing purposes pursuant to Art. 21 (2) GDPR through a formless notification to us that shall be effective for the future. After receiving the objection we shall no longer use the affected data for these purposes.

8. We are the responsible entity for all issues related to data protection and for exercising the rights cited above. Details can also be found in our Privacy Policy on our website at www.repabad.com/datenschutz.html.

(01/2019)