Universal

The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of Prin-Spa, Am Mühlberg 20, 93077 Bad Abbach, Germany (hereinafter: Prin-Spa) under the domain princesspa.de.

These GTC contain special regulations for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTREPRENEUR). These special clauses for commercial traffic are characterized by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers in accordance with § 13 BGB.

Deviating Customer’s Terms and Conditions do not recognize PrincessSpa unless PrincessSpa has expressly and in writing agreed to it.

Contract end

The CUSTOMER can insert the desired products into the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. Within the ordering process, the CUSTOMER must enter the required contact details for the shipment and for the payment and complete the order by clicking the button “Order subject to payment.”

Input error, in particular. Products inserted mistakenly into the shopping cart, the CUSTOMER can correct by entering the desired quantity in the shopping cart and the existing buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step by means of the buttons “before” and “back” of the browser.

The presentation of the products in the online shop of Prin-Spa constitutes a non-binding invitation to the CUSTOMER to order. The CUSTOMER makes a binding offer to conclude the contract via the products contained in the shopping cart. Prince Spa will automatically confirm the receipt of the order by e-mail. This automated order confirmation brings about the contractual relationship.

The purchase agreement is concluded with PrincessSpa, Am Mühlberg 20, 93077 Bad Abbach, Germany.

The contractual language is German.

Contract text storage

The contract text is saved by Prin-Spa. The order data will be sent to the CUSTOMER separately in text form (e-mail). The GTC can also be accessed and printed in the online shop.

Cancellation right

Consumers are entitled to a statutory right of withdrawal. The legal provisions regarding a right of withdrawal, if applicable, are contained exclusively in the cancellation policy, which can be called up for the CUSTOMER as part of the order process.

Prices and shipping costs

The prices valid on the day of the order apply as they are displayed in the online shop.

The prices shown in the online shop are indicated in Euro and do not include VAT, as PrintisSpa is subject to the Small Business Regulation according to § 19 UStG and does not designate the VAT.

When purchasing goods delivered in a package or otherwise by post, the following applies: The prices shown in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the shopping cart overview before ordering.

For all orders/deliveries via goods, a shipping fee is calculated, which is communicated as part of the ordering process. The shipping fee for shipping abroad is also shown in the shopping cart before sending the order. The shipping fee for the international shipment is communicated separately to the CUSTOMER after the order, insofar as this is not evident in the shopping cart before sending the order. The CUSTOMER is entitled to cancel his order within 2 working days after notification of the international shipping costs, if the international shipping costs have not been specifically communicated prior to the order.

In individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the CUSTOMER for cross-border deliveries.

Payment terms

Prince Spa only accepts the payment methods offered in the online shop during the ordering process. The CUSTOMER selects the preferred payment method under the available payment methods.

When a delivery is made against payment by credit card, the CUSTOMER, upon disclosure of its credit card data, grants the authorization to charge the full invoice amount, including delivery and shipping costs, at maturity through the credit card company concerned. At the end of the order process, the CUSTOMER is asked to enter his credit card number, the credit card expiration date and the check number in the corresponding form. Depending on the amount of payment or the type of delivery, the customer may be asked for a required second authentication feature by inserting the website of the credit institution. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan by means of a special app. What type of identification is specifically used depends on the respective payment service provider (e.g. the credit card institution of the CUSTOMER). In this case, the debit is initiated with the order confirmation. For more information, contact your credit provider.

When payment is made by EC card, the electronic bank card is read with the CUSTOMER’s chip with the help of a card reader (Chipleser). The CUSTOMER must then pass through the payment process with the entry of its secret number and thus confirm the payment to Prince Spa. If necessary. by exchanging data with the bank of the CUSTOMER via a communication link, a plausibility check is carried out with respect to blocking lists and the financial framework of the CUSTOMER and confirmed on the card reader by a message “payment is made.” The corresponding bank account of the CUSTOMER is charged with the payment amount. For more information, please contact the bank that issued your EC card.

If a payment is made through PayPal from PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must own a PayPal account and legitimize himself with his PayPal credentials. The CUSTOMER must then go through the PayPal payment process and confirm the payment to Prince Spa. PayPal can also be used to pay without a PayPal user account. With regard to the guest function of PayPal, the terms and conditions available via the payment method apply. If the CUSTOMER selects payment by credit card in PayPal, he will be asked for a required second authentication feature, depending on the amount of payment or the type of delivery, if necessary by inserting the website of the credit institution. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan by means of a special app. Further information can be found on the Paypal website at https://www.paypal.com/de/webapps/mpp/home.

If a payment is made through PayPal Plus from PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must go through the relevant payment process, provide the necessary information and, if necessary, confirm the payment to PrincesSpa. PayPal Plus accepts PayPal, direct debit, credit card and invoice. For more information, visit PayPal’s website at https://www.paypal.com/de/webapps/mpp/home.

If a delivery is made against invoice, the purchase price net (without deduction) is due for payment immediately, at the latest within 7 days from the invoice date or after receipt of the goods. The statutory provisions regarding the consequences of late payment apply.

When a delivery is made against payment by credit card, the CUSTOMER, upon disclosure of its credit card data, grants the authorization to charge the full invoice amount, including delivery and shipping costs, at maturity through the credit card company concerned. Depending on the amount of payment or the type of delivery, the customer may be asked for a required second authentication feature by inserting the website of the credit institution. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan by means of a special app. In this case, the debit is initiated with the order confirmation.

If payment is made by direct debit, the CUSTOMER must notify its IBAN and the account holder. After invoicing, the invoice amount is debited from the account of the CUSTOMER. In the event of a reversal, the CUSTOMER shall refund the cost of this reversal to PayPal Plus. The CUSTOMER reserves the right to prove that no or only minor damage has been caused by the reversal.

If payment is made through PayPal Plus using PayPal, the CUSTOMER must have a PayPal account and legitimize himself with his credentials. Then the CUSTOMER must go through the PayPal payment process and confirm the payment to Prince Spa. If the CUSTOMER selects payment by credit card in PayPal, he will be asked for a required second authentication feature, depending on the amount of payment or the type of delivery, if necessary by inserting the website of the credit institution. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan by means of a special app.

CUSTOMERS who are ENTREPRENEURS in accordance with § 14 BGB shall only be entitled to set-off rights if the counterclaims are legally established, undisputed or recognized by Prin-Spa or if the claims in question are based on the same legal relationship. This prohibition of offsetting does not apply to CUSTOMERS who are consumers in accordance with § 13 BGB.

Delivery and shipping conditions – Information on the calculation of the delivery date

The delivery of the goods, which is delivered in a parcel or in any other way by post, takes place, unless otherwise agreed with the CUSTOMER, by post (parcel, parcels, letter, forwarding, etc.) to the delivery address communicated by the CUSTOMER in the order.

The delivery time is specified separately on the respective product details page.

The delivery time indicated on the product detail page starts when payment by prepayment on the working day after the CUSTOMER’s payment order to the transferring credit institution, or for all other payment methods on the working day after the date of conclusion of the contract.

In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item passes to a suitable transport person with the handover to them or to a person entitled to receive the goods, in the case of purchase of the shipment already with the delivery of the goods. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer in accordance with § 446 BGB. With regard to the risk transmission, the transfer is the same if the CUSTOMER is in default of acceptance.

Orders can be placed by all customers from the European Economic Area as well as, if necessary, the other countries indicated in the online shop and/or in the shipping cost table. Orders are only delivered to Germany and, if necessary, to the countries indicated in the online shop and/or in the shipping cost table.

In case of delays in delivery, PrintisSpa will inform the CUSTOMER immediately.

If the carrier sends the item back to PrintisSpa, as delivery was not possible at the CUSTOMER, the CUSTOMER bears the costs for a re-shipment. This shall not apply if the CUSTOMER has exercised an existing right of withdrawal in parallel with the refused acceptance or if he/she which led to the impossibility of service, not to be represented or where the CUSTOMER was temporarily prevented from accepting the service offered; unless the service was announced a reasonable amount of time beforehand.

Retention of title

Prince Spa reserves ownership of the sold items until the full payment of the purchase price.

The goods subject to retention of title may not be pledged to third parties or transferred for security by the CUSTOMER before full payment of the secured claims. The CUSTOMER shall notify Prin-Spa immediately in text form if and insofar as third parties have access to the goods of Prin-Spa.

In the event of non-contractual conduct of the CUSTOMER, in particular in the event of non-payment of the purchase price due, Prin-Spa is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the goods out on the basis of retention of title and withdrawal. If the CUSTOMER does not pay the purchase price due, PrintisSpa may only assert these rights if a reasonable period of time has previously been set unsuccessfully for the CUSTOMER to pay or such a period of time is unnecessary in accordance with the statutory provisions.

Warranty/Liability for defects/Obligation to notify

The rights in the event of defects in the purchased item are governed by the statutory provisions.

Claims for defects by ENTREPRENEURS, the merchants i.S.d. HGB shall assume that it has duly complied with its investigative and complaint obligations under § 377 HGB within 14 calendar days of receipt of the goods in text form. This obligation to notify does not apply to CUSTOMERS who are consumers in accordance with § 13 BGB.

The limitation period for claims by ENTREPRENEURS for defects is 12 months, calculated from the transfer of risk to the ENTREPRENEUR. This reduction of the warranty obligation does not apply to CUSTOMERS who are consumers in accordance with § 13 BGB.

Liability

The CUSTOMER’s claims for damages or reimbursement of futile expenses against Prin-Spa are directed outside the warranty right without regard to the legal nature of the claim under these provisions.

Unless the cause of the damage is based on intent and/or gross negligence by Prin-Spa, its employees, its representatives or its vicarious agents, Prin-Spa’s liability is excluded, regardless of legal grounds. Insofar as the liability of Prin-Spa is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of Prin-Spa. Print Spa’s liability under the Product Liability Act remains unaffected (§ 14 ProdHG).

For damages arising from injury to life, body or health, which are based on a deliberate, grossly negligent or negligent breach of duty by Prin-Spa or a legal representative or vicarious agent of Prin-Spa, Prin-Spa is liable in accordance with the statutory provisions.

In so far as, at least negligently, Prince Spa breaches an essential contractual obligation, that is, a duty to comply with which is of particular importance for the achievement of the contractual purpose (essential contractual obligation or cardinal obligation), liability is typically limited to the damage typically caused, that is to say to such damages, which must be incurred within the scope of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfilment enables the proper execution of this contract in the first place and on whose compliance the CUSTOMER regularly trusts and trusts.

Data storage and privacy

Only the data protection provisions of the data protection declaration on the website http://princesspa.de/ apply.

Note pursuant to Article 14 of the ODR Regulation

CUSTOMERS who are consumers in accordance with § 13 of the German Civil Code (BGB) have the possibility to carry out an online conciliation procedure in case of a dispute on the EU portal “Your Europe” (https://europa.eu/youreurope/citizens/index_de.htm) with the help of a recognized conciliation body. For this purpose, they can use the EU’s online conciliation platform under the URL https://ec.europa.eu/consumers/odr/.

The online conciliation procedure is not a mandatory prerequisite for calling competent ordinary courts, but is an alternative way of eliminating differences that may arise in the context of a contractual relationship.

Other national rules for the implementation of conciliation procedures remain unaffected by the above provisions in points 12.1 and 12.2.

Note according to § 36 VSBG

For CUSTOMERS who are consumers within the meaning of § 13 BGB, there is in principle the possibility of seeking an alternative dispute settlement procedure within the meaning of § 36 VSBG.

The alternative conciliation procedure is not a mandatory prerequisite for calling competent ordinary courts, but is an alternative way of eliminating differences that may arise in the context of a contractual relationship.

Print Spa does not participate in the alternative dispute settlement procedure within the meaning of § 36 VSBG.

Final regulations

The law of the Federal Republic of Germany applies to the exclusion of the UN sales law.

In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer is habitually resident.

If the CUSTOMER is a merchant, a legal entity governed by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of this contract shall be the place of business of Prinnis Spa in Am Mühlberg 20, 93077 Bad Abbach, Germany.

The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time of bringing the action. This is without prejudice to the power of Prince Spa to appeal to the Court of First Instance at another legal venue.

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