Terms of service
General Terms and Conditions of Sale
1 Scope of Application, Definitions
(1) These General Terms and Conditions of Sale (hereinafter "GTC") of Clearlight Saunas Europe GmbH apply to all contracts concluded between
Clearlight Saunas Europe GmbH,c/o LPA-GGV, Herrengraben 3, 20459 Hamburg,
Germany Managing Directors: Johannes David Kettelhodt, Sebastian Mierau District Court of Hamburg, Commercial Register Number: HRB 154100
Telephone number: +49 040 40110120
— hereinafter "Seller" — and the customer specified in Section 2
— hereinafter "Customer".
(2) The Customer is a consumer insofar as the purpose of the requested supplies and services cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
(3) These GTC apply exclusively to the business relationship between the Seller and the Customer in the version valid at the time the contract is concluded.
(4) Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity in writing. This shall also apply if the Seller does not expressly object to them.
2 Conclusion of Contract
(1) The presentation and promotion of items on the website do not constitute a binding offer to conclude a purchase contract.
(2) The Customer can select products from the Seller's range and order them by email or telephone. Upon receiving the order, the Seller will generate an invoice, which the Customer will receive via email prior to the receipt of the declaration of acceptance pursuant to Section 2 (5).
(3) The Seller will then send the Customer an automatic confirmation of receipt by email, in which the order is listed again. This does not constitute an acceptance of the order.
(4) If installation and assembly are part of the order, the Customer will receive a checklist to assess the local conditions. This checklist is solely for technical review purposes and does not constitute an acceptance of the contract.
(5) The contract is only concluded upon a separate declaration of acceptance (order confirmation) or by delivery of the goods.
(6) The contract shall be concluded exclusively in the German language.
(7) Communication is generally conducted via email or telephone. The Customer must ensure that the email address provided is correct.
3 Delivery, Shipping, Availability of Goods
(1) Delivery shall be made to the delivery address specified by the Customer.
(2) Delivery periods shall commence upon order confirmation, provided that payment in advance has been agreed upon.
(3) If a product is unavailable, the Customer will be informed. In the event of permanent unavailability, no contract shall be concluded.
(4) In the event of temporary unavailability, the Customer will likewise be informed.
(5) Deliveries within Germany (mainland) are included in the price unless stated otherwise. Deliveries abroad may incur additional costs.
(6) Delivery of freight goods (forwarding agent) is carried out curbside only.
(7) If the goods are returned as undeliverable, the Customer shall bear the costs, provided they are responsible for the failed delivery.
(8) The Seller may withdraw from the contract in the event of unavailability of the goods.
(9) Customer self-collection is not possible.
4 Transfer of Risk
(1) For consumers, the risk passes upon hand-over of the goods.
(2) For entrepreneurs, the risk passes as soon as the goods are handed over to the transport service provider.
(3) In the case of orders including assembly, the transfer of risk occurs after complete installation and acceptance.
5 Partial Deliveries Partial deliveries are permissible, provided they are reasonable for the Customer.
6 Assembly and Duties to Cooperate
(1) The Customer must fully complete and return the checklist.
(2) Assembly can only take place if the local conditions are suitable.
(3) The Customer must prepare the installation site accordingly.
(4) Between delivery and assembly, the goods must be stored in a safe and dry location.
(5) Changes to the installation site require the consent of the Seller.
(6) The installer is responsible for compliance with local regulations.
(7) If problems arise prior to assembly, no installation may be carried out.
7 Prices, Shipping Costs
Prices include VAT. Shipping costs apply only to Germany (mainland) unless stated otherwise.
8 Terms of Payment
Various payment methods are available. For products not currently in stock: 50% deposit, 50% prior to delivery.
9 Retention of Title
The goods remain the property of the Seller until full payment has been made.
10 Warranty
Statutory warranty rights for defects shall apply. Shortened limitation periods apply to entrepreneurs.
11 Liability
Liability is limited to cases of intent, gross negligence, as well as injury to life, body, or health.
12 Final Provisions
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Hamburg (for merchants/commercial entities). The EU Commission provides a platform for online dispute resolution: http://ec.europa.eu/odr The Seller is neither obligated nor willing to participate in dispute resolution proceedings.