General Terms and Conditions (AGB) of repaBAD GmbH

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.