GENERAL TERMS AND CONDITIONS OF
Welcome to Ulrike Pieper garden and terraces upholstery!
Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Ulrike Pieper (hereinafter the Provider) to you in the version valid at the time of the order.
(2) Different terms and conditions of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Ulrike Pieper. By placing an order with Ulrike Pieper, you agree to the application of these terms and conditions to your order.
(4) On Ulrike Pieper garden and terrace upholstery we offer the sale of the following products:
swim up – my favorite place
fun up – the floating pillow
reha up – the water aerobics and rehabilitation cushions
(5) On Ulrike Pieper garden and patio cushions we offer the following services:
Outdoor – Cushion
Sun protection made to measure
Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in Europe.
For individual bulky goods the possible delivery addresses as well as the place of delivery may be limited; the restriction is shown in the respective list price.
(3) The customer must have completed the age of 18 years.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely asked to make an offer.
(5) Your order represents an offer to Ulrike Pieper Garten und Terrassen Polsterei to conclude a purchase contract. The customer makes a binding offer if he has gone through the online ordering process by entering the information requested there and in the last order step the button ” Order Confirm “clicks.
(6) The purchase contract between the supplier and the orderer is only concluded by a declaration of acceptance by the provider. This is done at the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for quantities larger than households and the commercial resale of the object of purchase requires the express confirmation of the provider. This refers both to the number of products ordered as part of an order and to the abandonment of multiple orders for the same product, where each order includes a common household quantity.
(8) Your orders will be stored with us after conclusion of the contract. If you lose your documents about your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the use of the Ulrike Pieper garden and terrace upholstery service requires registration.
(10) By registering, the purchaser accepts the present GTC. With the registration, a contractual relationship is created between Ulrike Pieper garden and terrace upholstery and the registered customer, which is governed by the provisions of these terms and conditions.
(11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely asks the customer to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with Ulrike Pieper Garten und Terrassen Polsterei, separate from the registration. The user will be informed prior to the conclusion of this contract about the respective paid service and the terms of payment. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the button “Confirm order”.
(13) You agree that you receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account of the website. We will inform you for each delivery and service if an electronic invoice is available. For more information about electronic invoices, visit our website.
Description of the scope of services
The scope of services of Ulrike Pieper Garten und Terrassen Polsterei consists of the following services:
Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and do not include shipping costs or shipping surcharge. The shipping cost surcharges vary depending on the delivery method and article condition.
(2) Despite our best efforts, a small number of products in our catalog may be priced the wrong way. We check the prices when we process your order and before we charge the payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before shipping the product to ask you if you would like to buy the product at the correct price or cancel the order , If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
(3) The prices are valid at the time of the order. If list prices are available, the prices of the list price valid at the time of ordering apply.
(4) For the use of Ulrike Pieper garden and patio upholstery first of all a registration is necessary.
(5) In order to purchase the services of the website, the user must register and create a user account.
(6) If the user wishes to make use of a paid service, he / she will first be informed about the costs. In particular, he will be informed about the additional scope of services, the costs incurred and the method of payment.
(7) The provider reserves the right to charge for different booking dates and user groups and in particular for different periods of use different charging models, as well as to offer different scope of services.
Delivery and cancellation
(1) Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Ulrike Pieper Garten und Terrassen Polsterei (for example on the respective product detail page). We point out that all information on the availability, shipping or delivery of a product is merely an estimate and approximate guide values. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date for the shipping options of the respective product.
(2) As long as Ulrike Pieper Garten- und Terrassen Upholstery, while processing your order, determines that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal rights of the customer remain unaffected.
(3) As far as a delivery to the purchaser is not possible because the delivered goods do not fit through the front door, front door or the staircase of the customer or because the purchaser is not found under the delivery address specified by him, although the delivery date to the purchaser with appropriate The buyer has to pay the costs for the unsuccessful delivery.
(4) The delivery is made according to the payment method of the customer. In advance, the delivery takes place after the issuing of the payment order to the referring bank. When paying by Paypal, credit card, gift card, direct debit, Sofortüberweisung or invoice the delivery takes place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with respect to each shipping confirmation, a separate purchase agreement is concluded between us on the products listed in the respective shipping confirmation. The contracting party is Ulrike Pieper. Regardless of your right of withdrawal, you can cancel your order for any product at any time before sending the related shipping confirmation.
(6) Be careful not to damage the contents of the package when opening it, especially when using sharp instruments.
Registration and cancellation
(1) Furthermore, the purchaser declares that he and, to his knowledge, no member of his household has not been convicted of a deliberate criminal offense endangering the safety of third parties, in particular not for a criminal offense against sexual self-determination (§§ 174 et seq. a crime against life (§§ 211 ff. StGB), a criminal offense against physical integrity (§ 223 ff. StGB), a criminal offense against personal freedom (§§ 232 ff. StGB), or theft and embezzlement ( §§ 242 ff. StGB) or robbery and blackmail (§§ 249 ff. StGB) or because of drug abuse.
(2) A user account is for his / her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his / her account to third parties.
(3) A user is, subject to reservation, entitled at any time to unsubscribe in writing by post, e-mail or telephone without stating a reason. At the same time there is the possibility within the data and settings in the user account to disable this completely and by hand. The previously concluded contract is over.
(4) If a user has registered for a fee-based service, he can cancel at least 7 days before the booking period. If this deadline is not adhered to, the paid service will be extended by the selected booking time and the cancellation will not take effect until the end of the subsequent booking period. A termination is possible by phone, e-mail or letter and will be confirmed by us in writing. In order to be able to assign your cancellation, the complete name, the deposited e-mail address and the address of the customer should be indicated. In the event of termination by telephone, the individual telephone password is required.
(5) Ulrike Pieper Garten und Terrassenpolster may terminate the contract at its sole discretion, with or without prior notice and without giving reasons, at any time. Ulrike Pieper Garden and Terrace Upholstery further reserves the right to remove profiles and / or any content published on or through the Site by the User. If Ulrike Pieper Garten und Terrassen Polsterei terminates the user’s registration and / or removes profiles or published contents of the user, there is no obligation for Ulrike Pieper Garten und Terrassen Polsterei to inform the user about the reason for termination or removal.
(6) Following any termination of any individual use of the services of Ulrike Pieper Garten- und Terrassen Polsterei, Ulrike Pieper Garten- und Terrassen Polsterei reserves the right to provide information to other registered users with Ulrike Pieper Garten und Terrassen Upholstery assumes that they were in contact with the user to ship. Ulrike Pieper Garten und Terrassen Polsterei’s decision to terminate the user’s registration and / or to notify other users with the Ulrike Pieper Garten- und Terrassen Polsterei assumes that the user was in contact does not imply or in any way implies that Ulrike Pieper Garten – and terraces upholstery statements about the individual character, general reputation, personal characteristics still meets the lifestyle.
(7) Users are under no obligation to make any intentional or fraudulent misrepresentations in their profile and other areas of the portal. Such statements may result in civil action. The operator also reserves the right to dissolve the existing contractual relationship with immediate effect in such a case.
(8) If a user’s access is blocked for culpable breach of contract and / or the contractual relationship is terminated, the user must pay compensation for the remaining contract period in the amount of the agreed remuneration minus the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the remuneration. It remains open to both parties to prove that the damage and / or the expenses saved are actually higher or lower.
(9) After termination of the contract, all data of the user of Ulrike Pieper garden and terraces upholstery will be deleted.
Limitation of Liability (Services)
(1) Ulrike Pieper Garten und Terrassen Polsterei assumes no responsibility for the content and accuracy of the information in the registration and profile data of the orderer as well as other contents generated by the orderers.
(2) With respect to the service sought or offered, the contract is concluded exclusively between the respective parties involved. Therefore, Ulrike Pieper Garten- und Terrassen Polsterei is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the Purchasers including, without exception, the services received by a seeker or payments due to Purchaser shall be addressed directly to the respective party. Ulrike Pieper Garten- und Terrassen Polsterei can not be held responsible for this and explicitly disclaims all liability claims of any kind, including claims, services, direct or indirect damages of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, in which Art always in connection with the mentioned matters.
(3) Ulrike Pieper shall only be liable for damages resulting from injury to life, limb or health if it is based on an intentional or negligent breach of duty by Ulrike Pieper or an intentional or negligent breach of duty by a legal representative or vicarious agent of Ulrike Pieper.
(4) For other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which makes the proper execution of the contract in the first place and on whose compliance the contracting party can rely on), Ulrike Pieper Europe shall only be liable if it an intentional or grossly negligent breach of duty by Ulrike Pieper or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Ulrike Pieper.
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In case of default, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb or health or liberty become statute-barred after 30 years; by the way after 1 year, whereby the statute of limitation with the end of the year in which the claim arose and the creditor of the claiming circumstances and the person of the debtor attained knowledge or would gain without gross negligence (§ 199 Abs.1 BGB) ,
(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and the right and, if necessary, to delete all or part.
Set-off and right of retention
(1) The purchaser is entitled to set-off only if the counterclaim of the purchaser has been legally established or has not been disputed by the supplier.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Retention of title
Ulrike Pieper reserves ownership of the goods until full payment.
(1) Should the customer receive the goods with obvious transport damage, the supplier shall request him to reclaim them as soon as possible.
(2) Should the orderer miss the complaint, this has no consequences on the statutory warranty rights. The complaint is that the provider can assert his own claims against the carrier.
(1) If the customer is a consumer, then the warranty and liability for defects of the delivered object of purchase in accordance with the statutory provisions: Accordingly, in the European Union, customers have warranty rights in addition to your 30-day return for a period of two years from the delivery of the goods and may demand the repair or replacement of the products purchased on Ulrike Pieper garden and patio upholstery, if these prove to be defective or not as described. If the goods can not be repaired or replaced within a reasonable time or with difficulty, you may request the refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect is remedied by a new delivery or new delivery.
(4) If the customer is not a consumer, the limitation period is one year. This does not apply to claims for damages and reimbursement of expenses that are asserted against compensation for damage in terms of body and health or intent or gross negligence.
Limitation of Liability (Products)
(1) The provider is liable for claims for damages of the customer from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damages due to their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents Based provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider is liable for violations of essential contractual obligations that are based on contract-typical, foreseeable damages, provided the damage was simply caused by negligence. This limitation does not apply to claims for damages on the part of the purchaser based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of Ulrike Pieper Garten- und Terrassen Polsterei is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The period of revocation shall be fourteen days from the date on which you or a third party named by you, other than the carrier, goods (or the last good, partial consignment or piece in the case of a contract for several goods of a single order or the delivery of a Goods in several partial consignments or pieces) have taken possession, without giving reasons to revoke.
The cancellation period for services is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must contact us:
Carrer de Canopus 9
03700 Denia (Alicante)
Telephone: 0034 96 6423320
Fax: 0034 96 6432181
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the model withdrawal form on our website or send us another clear explanation. If you make use of this option, we will promptly (for example by e-mail) send you a confirmation of receipt of such withdrawal.
To comply with the withdrawal period, it is sufficient for you to send the notice of cancellation prior to the expiry of the withdrawal period and for you to return the goods via our Online Return Center within the deadline specified below.
(3) consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within 14 days from the date on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract
Carrer de Canopus 9
03700 Denia (Alicante)
Telephone: 0034 96 6423320
Fax: 0034 96 6432181
to be returned or handed over. The deadline is met if you send the goods before the deadline of 14 days. We bear the cost of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
The right of revocation does not exist or expires with the following contracts:
• for the delivery of goods which are not suitable for return for reasons of health or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
• to deliver sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
• for the delivery of goods that are made to customer specifications or clearly tailored to personal needs
• for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
• in the case of services, if Ulrike Pieper Garten und Terrassen Polsterei has furnished these in full and you have taken note of the order and expressly agreed that we can start providing the service and you lose your right of withdrawal in the event of full performance of the contract;
• for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
• for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the purchase contract, but which can only be delivered after 30 days and more
Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
• for the delivery 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;
• for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
(2) The right of revocation expires early in contracts
• to deliver sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery;
• for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
• to deliver sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(1) If any personal information (such as name, address, e-mail address) is collected, we agree to seek your prior consent. We undertake not to disclose any information to third parties, unless you have previously consented.
(2) We point out that the transmission of data on the Internet (eg by e-mail) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data can not be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided the provider has previously given the persons concerned written consent.
(4) You have the right at any time to receive complete and free information from Ulrike Pieper Garten und Terrassen Polsterei about your database.
(5) Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
(4) We point out that some of these cookies are transferred from our server to your computer system, which are mostly session-based cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies, for this you have a banner at your disposal which you can disagree / accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions for the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
Jurisdiction and applicable law
(1) Disputes and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the domicile of the provider.
(1) Contract language is German.
(2) We do not offer products or services for sale by minors. Our children’s products can only be bought by adults. If you are under 18, you may only use Ulrike Pieper Garten und Terrassen Polsterei with the assistance of a parent or legal guardian.
(3) If you breach these Terms and Conditions and we do not do anything against them, we shall continue to be entitled to exercise our rights on any other occasion in which you violate these Terms of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, including these terms and conditions at any time. Your order will be subject to the Terms of Sale, Terms and Conditions of Use in force at the time of your order unless any change to these terms is required by law or governmental authority (in this case, it will apply to orders placed by you) You have done before). If any provision of these Terms of Sale is ineffective, void or for any reason unenforceable, then this provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The ineffectiveness of one provision does not affect the validity of the other provisions of the contract. If this occurs, the provision shall be replaced by another legally permissible provision which corresponds to the purpose of the invalid provision.