Conditions

Terms and conditions created by the generator of the German Lawyers Hotline AG

Contractual partner

On the basis of these General Terms and Conditions (GTC), the contract is concluded between the customer and Baptizo Baptistries, owner and represented by Stefan Schödel, address: Dr.-Daßler-Straße 57, 91074 Herzogenaurach, VAT identification number: DE321334996, hereinafter referred to as the provider.

Subject of the contract

This contract regulates the sale of new goods and the rental of goods with accessories via the provider's online shop. For the details of the respective offer, reference is made to the product description on the offer page. When renting out goods, the lessor's written order confirmation represents the content and scope of the rental agreement.

Conclusion of contract

The contract is concluded in electronic business transactions via the shop system, via other means of remote communication such as telephone and e-mail or face-to-face meetings. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.

The order process for the conclusion of the contract comprises the following steps in the shop system:

  • Selection of the offer in the desired specification (size, color, number)

  • Placing the offer in the shopping cart

  • Confirm the button "checkout"

  • Enter the shipping information

  • Selection of the shipping and payment method

  • Verification of the order details

  • Confirm the button "Order for a fee"


The contract is concluded when the order confirmation is sent.

In addition to the shop system, orders can also be placed via remote communication (telephone / e-mail) or a personal conversation, whereby the ordering process for the conclusion of the contract comprises the following steps:

  • Transmission of the article request (phone, email, personal conversation)

  • Creation of a non-binding offer

  • Acceptance of the offer by the customer

The contract is concluded when the order confirmation is sent. The automatically generated and sent order confirmation does not constitute a corresponding legally binding declaration. The contract is also concluded when the goods are sent or picked up.

Contract duration

Subject to termination, the contract has a term of one delivery. The total price for the services in the contract period varies depending on the offer. The total price is calculated from the following components: Selected offer costs on the date of purchase plus shipping costs. When renting out goods, side agreements are only valid if they are confirmed in writing by the lessor.

Retention of title

The delivered goods remain the property of the provider until they have been paid for in full.

Reservations

The provider reserves the right to provide a service that is equivalent in quality and price. The service shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in the event that the service is not available.

Prices, shipping costs, return costs

All prices are final prices and do not include sales tax (value added tax) in accordance with Section 19 (1) UStG. The rental price is valid for one day of use or for up to three consecutive days of use. The collection of the rental goods is included in the flat-rate shipping fee. The following flat-rate shipping costs apply to each order: Germany: € 0, EU: € 29, Switzerland: € 49. The flat-rate charge is only charged once for partial deliveries. If there is a right of withdrawal and use is made of this, the entrepreneur bears the costs of the return.

deposit

For all rental properties, we charge a deposit of € 0 per property. This will be repaid as soon as possible if returned properly.

Rental period

 

The rental period only corresponds to the agreement according to the order confirmation or, if done, the period agreed in writing by email (usually one to three days of use within a four-week rental period). The landlord must agree to an extension. Thereafter, the landlord has the right to charge an additional rental amount in the amount of the current prices. If the tenant cannot return the rental property at the agreed time, he must inform the landlord immediately.

 

Tenant's Obligations

 

Unless otherwise agreed, the rental properties will be delivered and picked up by the provider. When taking over the goods, the tenant must check the objects immediately and report any defects immediately. Upon return, the rental property must also be properly packaged and returned in proper condition. Any defects that occur must be reported immediately. The tenant agrees that an intensive review of the rental property will only take place in the provider's warehouse. The provider guarantees that there will be no damage. The rental property is to be treated with care. The renter has to return this cleaned to the delivery condition.

Terms of payment

The customer only has the following options for payment: advance transfer, PayPal. Further payment methods are not offered and will be rejected. After receipt of the invoice, which contains all the information for the transfer and is sent by email, the invoice amount must be transferred in advance to the account specified there. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 7 days of receipt of the invoice. Payment is due from the invoice date without deduction. After expiry of the payment deadline, which is thus determined by the calendar, the customer is in default even without a reminder. The customer's right of retention, which is not based on the same contractual relationship, is excluded. Offsetting against customer claims is excluded unless these are undisputed or have been legally established.

delivery terms

The goods will be sent immediately after receipt of payment has been confirmed. The dispatch takes place on average after 7 days at the latest. The entrepreneur undertakes to deliver on the 14th day after receipt of confirmed payment. The standard delivery time is 7 days, unless otherwise stated in the item description. The provider sends the order from its own warehouse as soon as the entire order is in stock there. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, although a corresponding hedging transaction was concluded in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and services received, in particular payments, will be reimbursed.

Guarantee

Consumers are entitled to a statutory right to liability for defects in accordance with the relevant provisions of the German Civil Code (BGB) for the services offered. If there is a deviation from this, the warranty is based on the provisions in the General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is granted that he can choose between repair or new delivery in the event of a supplementary performance if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty is excluded for used goods. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations that must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.

Contract drafting

If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods is transferred to the customer when the goods are handed over, or when the goods are dispatched to the selected service provider.

Right of withdrawal and customer service

Right of withdrawal

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day

  • In the case of a sales contract: on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

  • In the case of a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately: on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.

  • In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you who is not the carrier has taken possession of the last partial shipment or the last piece.

  • In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods.


If several alternatives come together, the last point in time is decisive.

In order to exercise your right of cancellation, you must inform us (Stefan Schödel, Aufseßplatz 13, 90459 Nuremberg) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form (available here ), but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to Stefan Schödel, Aufseßplatz 13, 90459 Nuremberg immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

End of revocation

Disclaimer of liability

Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the provider's representatives and vicarious agents if the customer makes claims for damages against them.

 

Exceptions are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent.

In the case of rental, liability is transferred to the tenant when the rental property is taken over, and the tenant is liable for all damage during the rental period. This also applies to damage caused by third parties or force majeure. If the rental property cannot be repaired, the renter will be charged the replacement value. The tenant is liable to us for claims by third parties that they can assert against the provider due to damage resulting from the use of the rental property. The tenant is not liable for damage caused by employees of the provider. Injury damage is completely excluded from our liability. The tenant has to ensure proper handling. There is no insurance for the rental property.

Repeal

 

The rental contract can be canceled free of charge up to 10 days before the agreed day of use. A written notification is required for this. If the object has already been sent at the time of cancellation, the provider will only invoice 50% of the original amount. In the event of later cancellations, the full rental price will be charged.

Assignment and pledge prohibition

Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.

Language, place of jurisdiction and applicable law

 

The contract will be drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies insofar as this does not restrict any statutory provisions of the country in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the seat of the provider.

Severability clause

The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.

Implementation of the ODR directive

Online dispute resolution in accordance with Article 14, Paragraph 1 of the ODR-VO

The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. Note according to § 36 Abs. 1 Nr. 2 VSBG: We would like to point out that we are not available to participate in dispute settlement proceedings before a consumer arbitration board.