General Terms and Conditions
These Terms are a translation of the German original. In the event of any discrepancy between the German and the English version, the German version shall prevail. Contracts are concluded in German (see clause 5.3).
1. Contracting party
Contracts are concluded with DampfWatt Agentur UG (haftungsbeschränkt), represented by Hendrik Rudolph (hereinafter referred to as DampfWatt-Agentur), Brüggeweg 45, 45768 Marl, Germany, tax number 359/5749/4154, VAT identification number: DE296530722, Local Court of Gelsenkirchen HRB 12733, e-mail: Info@dampfwattagentur.de, telephone: +49 2364 6082872.
2. Scope
2.1 When purchasing goods from DampfWatt-Agentur, these Terms and Conditions apply in the version valid at the time the order is placed, unless expressly agreed otherwise.
2.2 DampfWatt-Agentur sells to consumers within Germany only. Businesses accept the registered office of the company as the place of jurisdiction.
3. Consumers and traders
A consumer is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their independent professional activity. A trader is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
4. Prices and shipping or collection from the shop
4.1 The prices listed in the offer at the time the order is placed apply to orders in the DampfWatt-Agentur online shop. The prices stated are final prices in euros, meaning they include all price components as well as statutory value added tax. Unless expressly agreed otherwise, shipping is subject to a charge. DampfWatt-Agentur does not charge consumers any additional costs for the use of the payment methods offered.
4.2 Unless expressly agreed otherwise, delivery or shipping costs apply when the ordered goods are dispatched to the customer. These are shown separately during the ordering process and can also be viewed on the website.
4.3 If the statutory right of withdrawal is exercised (see clause 11 of these Terms), the customer may return the goods at their own shipping expense.
5. Conclusion of contract, contract language, quantities
5.1 The presentation of the items does not constitute a legally binding offer, but an invitation to the customer to submit a binding offer to DampfWatt-Agentur. On the order page, the customer can check their entries once more. After entering all required information, the customer completes the ordering process by clicking the „Buy“ button. In doing so, the customer has placed a binding order. The process can be cancelled at any time by closing the browser window. On the individual pages, the customer also receives further information, for example on how to correct entries. After the order has been received in the online shop, the customer automatically receives an e-mail documenting the order (order receipt confirmation). This e-mail confirms that the order has reached DampfWatt-Agentur; a contract is not yet concluded at this point. A binding contract between the customer and DampfWatt-Agentur is only concluded once DampfWatt-Agentur accepts the customer's offer by separate e-mail or by dispatching the goods within seven working days.
5.2 If the customer orders an item marked „Pre-order now“, a binding purchase contract between the customer and DampfWatt-Agentur is concluded as soon as DampfWatt-Agentur accepts the customer's offer in accordance with the provisions of clause 5.1. However, the customer has the right to cancel the contract free of charge by making a corresponding declaration to DampfWatt-Agentur for as long as they have not yet received shipping information or the pre-ordered goods. Any statutory right of withdrawal that may exist remains unaffected by this.
5.3 Contracts are concluded exclusively in the German language.
5.4 All items are supplied in household quantities only.
6. Availability of goods and delivery
6.1 The items presented in the DampfWatt-Agentur online shop are generally marked with an indication of availability and delivery time. If an item is marked „Pre-order now“, it is not available for delivery and can only be pre-ordered. Unless agreed otherwise, DampfWatt-Agentur delivers within 10 working days at the latest from the latest stated availability date after conclusion of the contract; in the case of payment by advance transfer, within 12 working days from the latest stated availability date after the payment order has been issued to the transferring bank.
6.2 Should not all ordered products be in stock, DampfWatt-Agentur is entitled to make partial deliveries at the expense of DampfWatt-Agentur, provided this is reasonable for the customer. Should an ordered product not be available because DampfWatt-Agentur was not supplied with this product by its supplier through no fault of its own, DampfWatt-Agentur may withdraw from the contract. In this case, DampfWatt-Agentur will inform the customer without undue delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available, or if the customer does not wish a comparable product to be delivered, DampfWatt-Agentur will refund any consideration already rendered without undue delay.
6.3 If the order consists of several parcels, DampfWatt-Agentur endeavours to deliver the consignment complete in a single delivery. In individual cases, however, delivery may take place on different days. Goods that cannot be sent as parcels are delivered kerbside.
6.4 If the customer is a trader, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover to the commissioned logistics partner.
7. Collection in person
Collection in person is not possible.
8. Storage of and access to the contract text
The customer can view these Terms and Conditions on the online shop website. The customer can also print or save these Terms and Conditions using the function provided for this purpose in their internet browser. The customer can save their order data, summarised on the last page of the ordering process in the online shop, using the functions of their browser, or the customer can wait for the automatic order receipt confirmation that DampfWatt-Agentur additionally sends by e-mail to the address provided by the customer after the order has been completed. DampfWatt-Agentur stores the text of the contract and sends the order data by e-mail. The customer can view past orders in their customer account.
9. Payment terms
9.1 DampfWatt-Agentur generally supports the following payment methods: PayPal, advance payment. DampfWatt-Agentur reserves the right not to offer individual payment options in individual cases or to refer to other payment methods.
9.2 In the case of payment by credit card or PayPal, the amount is debited when the customer places the order. In the case of payment by advance transfer, the full amount is to be transferred to the stated account within 7 days of receipt of the order, quoting the payment reference. The items in the order are reserved for the customer until then. If DampfWatt-Agentur cannot record receipt of payment by this time, the order is cancelled and the reserved goods are released again. For bank transfers, a period of up to three working days is to be allowed for payment to reach DampfWatt-Agentur in time.
10. Vouchers
DampfWatt-Agentur vouchers can be redeemed when purchasing goods. DampfWatt-Agentur offers vouchers that the customer can purchase (gift vouchers) and vouchers that are issued free of charge as part of promotional campaigns (promotional vouchers). The respective conditions for redeeming gift vouchers and promotional vouchers may differ and are provided together with the respective voucher.
11. Right of withdrawal
11.1 Consumers have a fourteen-day right of withdrawal.
11.2 Withdrawal instructions
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us (DampfWatt-Agentur, Hendrik Rudolph, Brüggeweg 45, 45768 Marl, Germany, or sales@dampfwattagentur.de) of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an e-mail. You may use the attached model withdrawal form, but it is not obligatory. Alternatively, you may also declare your withdrawal using our digital withdrawal button at shop.dampfwattagentur.de/widerruf (section 356a of the German Civil Code). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods to DampfWatt-Agentur, Brüggeweg 45, 45768 Marl, Germany, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. In the case of a return of goods that cannot be sent as parcels, you bear the direct cost of returning them. These costs are estimated at a maximum of approximately EUR 120. By way of derogation, in the case of goods that cannot be sent as parcels we bear the cost of return if you have the goods collected by us. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods and where the goods show signs of use.
End of withdrawal instructions
11.3 Exclusion of the right of withdrawal
The right of withdrawal does not apply to the following contracts:
- contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,
- contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- contracts for the supply of goods if, after delivery, they were inseparably mixed with other goods because of their nature.
11.4 The model withdrawal form and our digital withdrawal button pursuant to section 356a of the German Civil Code are available to you at shop.dampfwattagentur.de/widerruf.
11.5 If DampfWatt-Agentur grants a free item, the transfer of ownership of the free item is subject to the condition precedent that no withdrawal has been declared in respect of the item whose purchase was the prerequisite for granting the free item, and that the withdrawal period has expired. Should a withdrawal have been declared in respect of the item or items that are the prerequisite for granting the free item, the free item must also be returned to DampfWatt-Agentur.
12. Liability for defects
12.1 The statutory provisions on liability for defects apply. Statutory claims for defects become time-barred after two years. If the customer purchases as a trader, claims under the statutory provisions on liability for defects become time-barred after one year. Excepted from this are claims for injury to life, body or health based on a negligent breach of duty by DampfWatt-Agentur or an intentional or negligent breach of duty by a legal representative or vicarious agent of DampfWatt-Agentur.
12.2 The customer's statutory rights in respect of defects remain unaffected where a guarantee exists for the goods ordered.
12.3 The assignment of claims for defects is excluded unless the customer is a consumer.
13. Retention of title
The goods remain the property of DampfWatt-Agentur until payment has been made in full.
14. Liability
14.1 Claims by the customer for damages are excluded. Excepted from this are claims for damages by the customer arising from injury to life, body or health, as well as liability for other damage based on an intentional or grossly negligent breach of duty by DampfWatt-Agentur, its legal representatives or vicarious agents. Liability for the breach of duties whose fulfilment makes the proper performance of the contract possible in the first place, and on whose observance the customer may regularly rely, also remains unaffected. In the event of a slightly negligent breach of these contractual duties, DampfWatt-Agentur is liable only for the damage typical for this type of contract and foreseeable, unless the claims concern damages by the customer arising from injury to life, body or health.
14.2 Paragraph 1 also applies for the benefit of the legal representatives and vicarious agents of DampfWatt-Agentur if claims are asserted directly against them.
14.3 The provisions of the German Product Liability Act remain unaffected.
15. Consumer dispute resolution and final provisions
15.1 These General Terms and Conditions are governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
15.2 For customers who are traders, the exclusive place of jurisdiction for all disputes arising from contractual relationships between DampfWatt-Agentur and the trader is the registered office of DampfWatt-Agentur.
15.3 Should any provision be or become void, the remaining provisions shall remain fully effective. The statutory provisions shall take the place of the ineffective provision, where such provisions exist.
15.4 DampfWatt-Agentur is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.