right of withdrawal
§ 1 General, scope of the General Terms and Conditions
1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contractual partner is Chronos M GmbH, based at Helene-Voigtländer-Straße 7, 55543 Bad Kreuznach, Germany (hereinafter “Chronos Manufaktur”).
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer”). A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with Chronos Manufaktur, act in the exercise of their commercial or independent professional activity.
§ 2 Contact and customer service
If you have any questions, complaints or complaints, please contact us.
Please only use the following address:
Chronos M GmbH
Helene-Voigtländer-Straße 7
55543 Bad Kreuznach
You can reach our customer service Monday to Friday between 8 a.m. and 6 p.m. on +49 (0)671 202 777 90 or by email at support@chronosmanufaktur.com
§ 3 Conclusion of contract, conclusion of the contract
3.1 Our offer is binding. By placing your order, you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive a contract confirmation by email.
3.2 Once you have found the product you want, you can select it in shape, size and color according to your individual needs and take a closer look at it immediately by clicking on the product name or the product image. By clicking the [Add to cart] button you can add the item to your shopping cart.
You can continually correct entries using the usual keyboard and mouse functions or by clicking the [Reset ] button.
Once you have configured the desired product according to your wishes, you can add the desired product to the shopping cart using the [ Add to shopping cart] button.
3.2.3 You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart symbol in the top menu bar. You can remove the products from the shopping cart by clicking on the graphic [X] or adjust them by changing the quantity. If you want to purchase the products in the shopping cart, click on the [Checkout » button on the “Shopping Cart” page. During the further ordering process, you can log in via your existing customer account or order as a guest “without log-in”. Then select the shipping and payment method. In the last step, you will receive another overview of your order data under “Check order” and can check all information and correct it under [change] . You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting again.
To complete the purchase, you must press the [Buy Now] button. The order will then be sent to us and we will immediately begin producing your order.
§ 4 Storage of the contract text
We save your order, the order data you entered and the contract text. We will send you a contract confirmation with all order and contract details by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us. Finally, you have access to the orders you have placed at any time via your customer account, if you have created it.
§ 5 Right of withdrawal for consumers
Right of Withdrawal
The following right of withdrawal only applies to distance selling consumers:
5.1 Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must contact us (Chronos M GmbH, Helene-Voigtländer-Straße 7, 55543 Bad Kreuznach, Germany, telephone: +49 (0) 671 | 202 777 90, fax: +49 (0) 671 | 796 704 63, email: support@chronosmanufaktur.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we must repay all payments that we have received from you, including delivery costs, immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used in the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We can refuse repayment until we have received the goods back undamaged.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
Please send the goods manufactured by us exclusively to our Chronos Manufaktur facility:
Chronos M GmbH
Place of business:
Bahnhofstrasse 26
55578 Wallertheim
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
5.2 Right of withdrawal for international orders
For customers from the European Union (EU) and the European Economic Area (EEA), the statutory right of withdrawal applies, which allows you to withdraw from the purchase within 14 days of receiving the goods. Please note that we do not offer a right of withdrawal for customers outside the EU and EEA.
§ 6 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
At
Chronos M GmbH
Helene-Voigtländer-Straße 7
55543 Bad Kreuznach
Germany
Fax: +49 (0) 671 | 202 777 90
Email: support@chronosmanufaktur.com
I/we (*) hereby revoke the purchase contract concluded by me/us (*).
of the following goods (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification)
Date
(*) Delete what is not applicable.
§ 7 Prices and shipping costs
All prices include VAT plus shipping costs, unless otherwise stated on the product selection page or product detail page and displayed in the shopping cart (e.g. free shipping, reduced delivery costs, etc.).
Due to the format and weight of our products, we only deliver the “hot tubs, swimming pools, swim spas” products we manufacture using a shipping company or another specialized provider of our choice. When unloading, the selected shipping company is prepared accordingly so that we deliver your product curbside and it is unloaded by the shipping company without any assistance from you. This means that no forklift or other device is required on site for unloading.
We usually deliver accessories and spare parts with DHL or another suitable shipping service provider.
If you have ordered our construction and installation service as an option, your whirlpool, swimming pool, swim spa will be placed, assembled and put into operation by our team at your desired location at home. Please note that if our pools are positioned above a ground floor or must be transported over non-barrier-free obstacles, you must have ordered the "crane lifting system" order option.
§ 8 Delivery conditions
8.1 We deliver worldwide.
8.2 Unless otherwise stated in the offer, the goods will be delivered within 70-90 days of receipt of payment. After receipt, we will send you a confirmation email of your payment.
8.3 For deliveries outside Germany, unless otherwise stated in the offer, the goods will be delivered within 80 - 100 days (depending on the delivery country and selected delivery method) after receipt of payment. After receipt, we will send you a confirmation email of your payment.
§ 9 Payment conditions
9.1 Payment can be made either in advance by bank transfer, by instant bank transfer, by PayPal or by credit card (VISA, MasterCard).
If you choose the payment method in advance, we will give you our bank details in the contract confirmation. The invoice amount must be transferred to our account within 7 days. When paying by instant transfer or credit card, you will be directed directly from the ordering process to the payment pages and make the transfer. If you pay via PayPal, you will be redirected to the PayPal payment page after completing the ordering process and make the payment there.
9.2 For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
9.3 The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer via email in PDF format.
§ 10 Warranty
10.1 If you are a consumer, the warranty is in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies:
10.2.1 Delivered goods must be inspected by the customer immediately after delivery, as long as this is possible in the normal course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery; otherwise the goods are deemed to have been approved even in view of this defect. § 377 HGB remains unaffected. The customer is not released from his obligation to inspect even in the event of recourse by the entrepreneur in accordance with Section 478 of the German Civil Code (BGB). If in such cases he does not immediately report the defect claimed by his customer, the goods are deemed to have been approved even in view of this defect.
10.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the legitimate interests of the customer. For these contracts, supplementary performance is deemed to have failed after the third unsuccessful attempt. This section does not apply in the case of recourse according to § 478 BGB.
10.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, to the extent that these do not increase due to the item being sent to a location other than that The customer's headquarters or commercial branch to which the delivery was made. This section does not apply in the case of recourse according to § 478 BGB
10.2.4 The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse according to Section 478 BGB, nor does it apply in the cases of Section 438 Paragraph 1 No. 2 BGB and Section 634a Paragraph 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 11 Liability for damages and reimbursement of expenses
11.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions.
11.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 11.2 to 11.8:
11.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions.
11.2.2 If we or our representatives or vicarious agents have slightly negligently violated an obligation, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability is based on the foreseeable , the damage that typically occurs is limited.
11.2.3 Unless otherwise specified in sections 11.2.1 and 11.2.2, our liability for damages is excluded. The same also applies if recourse claims are asserted against us as suppliers in accordance with Section 478 of the German Civil Code (BGB).
11.3 The exclusions and limitations of liability in Section 11.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.
11.4 The exclusions and limitations of liability under Section 11.2 do not apply to any existing claims in accordance with Sections 1, 4 of the Product Liability Act or due to culpable injury to life, body or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee event has occurred or the procurement risk has been realised.
11.5 The correct and timely delivery by the supplier remains reserved unless the seller is responsible for the incorrect and/or late delivery.
11.6 Unless the limitation of liability in accordance with Section 11.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation provided by the insurance company. If this does not occur or does not occur completely, we are obliged to be liable up to the amount insured. This section does not apply in the event of culpable injury to life, body or health.
11.7 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
11.8 A reversal of the burden of proof is not associated with the above regulations.
12.3 For all manufacturing orders submitted to DeinDesign, the necessary copyright, trademark or other rights of the customer are assumed. We would like to point out that third parties can assert significant claims for damages against customers in the event of copyright-infringing content. The customer is liable for all consequences arising from a violation of the aforementioned rights and releases DeinDesign from any liability if a claim is made by a third party.
12.4 By placing the order, the customer also guarantees that the contents of the transferred image files do not violate criminal laws. DeinDesign reserves the right to reject such orders if they are aware of them.
§ 12 OS platform and consumer dispute resolution
13.1 We (support@chronosmanufaktur.com) point out that the European Commission provides a platform for online dispute resolution (OS). This can be accessed via the following internet address: http://ec.europa.eu/consumers/odr/ .
13.2 We are not willing or obliged to take part in a dispute resolution procedure conducted by consumer arbitration boards.
§ 14 Legal system, place of jurisdiction
14.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 For consumers, this choice of law only applies to the extent that it does not remove mandatory provisions of the law of the country in which they have their habitual residence.
14.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the headquarters of our company in Bad Kreuznach.
§ 15 Miscellaneous
15.1 The contract language is German.
15.2 If one or more provisions of these General Terms and Conditions are invalid, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the statutory provisions.