Terms and Conditions

General Terms and Conditions

 1 Scope, Definitions

(1) For the business relationship between the company Bader24 Christian Bader Konzenbuck 6
74579 Fichtenau (hereinafter "Provider") and the customer (hereinafter "Customer"),
only the following General Terms and Conditions shall apply in their version valid at the time
of the order. Deviating general terms and conditions of the
purchaser are not recognized, unless the provider expressly agrees to their validity
in writing.

(2) The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered
deliveries and services cannot predominantly be attributed to his commercial or independent
professional activity. In contrast, an entrepreneur according to § 14 BGB is
any natural or legal person or partnership with legal capacity who, when concluding the contract, acts
in the exercise of their commercial or independent professional
activity.

 2 Conclusion of Contract

(1) Upon the customer's request, the provider creates an offer. The customer accepts this
offer by confirming the order bindingly with his signature. Payment of the deposit also counts
as a binding purchase commitment. The provider then sends the customer
an order confirmation by post or e-mail. This concludes the
contract between the customer and the provider.

(2) The customer's inquiry can be submitted via a form on the website, on site in the provider's shop,
by post or by phone. Offers from the provider are
non-binding. The order confirmation by the provider is binding.

(3) The customer must ensure that the emails sent by the provider can be delivered.
In particular, attention must be paid to typos in the e-mail address provided during the order,
and the spam folder of the e-mail inbox should be regularly checked around the time of the order.

(4) The contract is concluded in German. The contract text (consisting of GTC,
cancellation policy and order confirmation) will be sent to the customer by us on a
durable medium (e-mail or paper printout) (contract confirmation). The
contract text is stored in compliance with data protection regulations.

 3 Delivery, Product Availability

(1) Delivery times specified by the provider are calculated from the time of the
order confirmation, provided that the purchase price or the due down payment has been paid in advance.
A delivery only takes place if this has been agreed. Collection is
free of charge for the customer also at the provider's location.
(2) If no copies of the product selected by the customer are available at the time of the order,
the provider will inform the customer of this immediately in the
order confirmation. If the product is permanently unavailable, the provider will refrain from
accepting the order. In this case, a contract will not be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable,
the provider will also inform the customer of this immediately in the
order confirmation.

(4) The provider delivers within Germany, Austria and Switzerland at the shipping costs stated on
the website. The provider is entitled but not obliged to refuse delivery to customers in other countries. In case of refusal, an
order confirmation will not be issued.

(5) The delivery time for goods manufactured according to customer specifications (e.g. hot tubs or
saunas) is between 6 and 16 weeks. An exact delivery time cannot be specified due to the
individual manufacturing of these goods.

(6) Delivery to packing stations is excluded, unless expressly
agreed otherwise.

 4 Retention of Title

(1) Until full payment, the delivered goods remain the property of the
provider.

(2) The provider retains title to the delivered goods vis-à-vis entrepreneurs until all
claims from an ongoing business relationship have been paid in full.

(3) The customer is entitled to resell the reserved goods in the ordinary course of
business, provided that he is an entrepreneur and has obtained written consent from the
provider. All claims arising from this against third parties are assigned by the customer to the
provider in advance, to the full invoice value. The processing of the
goods has no influence on the effectiveness of the assignment. The customer remains authorized to collect his claims even after the assignment, without affecting the provider's
authority to collect the claims. The provider refrains from collecting the claims as long as no application for the opening of insolvency proceedings has been filed, and/or the customer fulfills his payment obligations to the provider without deduction, and/or does not fall into default of payment.

 5 Customer's Obligations

(1) The customer assures that he has checked the information provided by him, especially the measurements for
the production of products, for accuracy. The provider points out that, depending on the production stage of the product, subsequently submitted change requests
can no longer be taken into account.

(2) The customer ensures that he can accept the ordered goods. Delivery
is made to the curb. The provider is not responsible for assembly or installation.
(3) The customer accepts that there is no right of withdrawal for individually manufactured products.
Furthermore, reference is made to the provider's cancellation policy, which will be provided to the customer with the order.
(4) When receiving delivery by freight forwarding, the customer assures that he can accept the goods on the agreed and previously announced date. In case of non-acceptance, any additional costs shall be borne by the customer.

(5) Collection of the hot tub or sauna by the customer:

According to §22 StVO, as the shipper, we must ensure load securing for all collectors, whether freight forwarders, customers, or private individuals, and we are liable for this. Due to the liability obligation, we will not load vehicles with hot tubs if the drivers cannot provide corresponding load securing material. This also applies in particular to vans and cars. In addition, the vehicle's cargo space must be dimensioned such that the hot tubs can remain in their outer packaging/frames and do not need to be disassembled or unpacked before loading. If desired, you can purchase load securing straps from us. It is not the task of the loading personnel to carry out load securing, but they are obliged to check proper load securing.

You need to bring:

-At least 4 proper lashing straps with a width of 50mm and sufficient length

-Anti-slip mats

-Edge protectors

-sufficient helpers

(6) Goods reception and complaint periods

The customer is advised that the goods must be inspected from all sides upon delivery. Obvious damage, soiling, or, for example, torn film must be recorded on the freight documents with the driver's name, signature, and the truck's license plate. If there are no freight documents, a simple sheet is sufficient.

Damage to the goods or shortfalls must be reported in writing within 2 days.

 6 Prices and Transport Costs

(1) All prices stated on the website and in offers from the provider are inclusive of the currently applicable statutory value-added tax, unless stated otherwise.

(2) The corresponding shipping/forwarding costs will be indicated to the customer in the offer and are to be borne by the customer, unless the customer
right of withdrawal. The transport costs depend on the size, weight and
place of delivery.

(3) The provider only bears the shipping risk if the customer is a consumer.

(4) In the event of a withdrawal, the customer shall bear the direct costs of returning the goods. to
bear. Notwithstanding this, the customer does not bear any shipping costs if the ordered goods
have been delivered incorrectly or defectively.

Collection or exchange in the case of defective goods always takes place from the
curbside.

 7 Payment Methods

(1) The customer can make payment in advance (bank transfer) or in cash upon collection on site.
make.

(2) The provider charges a down payment of 50% of the order total for the
ordering of a custom-made product (e.g. hot tub or sauna). The
remaining payment is due in cash upon collection on site. In the case of an agreed delivery, the
remaining amount is due for payment before delivery.

(3) The due date is based on the invoice or orderconfirmation
specified payment deadline. The customer is already in default by missing the payment deadline.
In this case, they must pay the provider default interest for the year in the amount of
5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest
amounts to 9 percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not exclude the
assertion of further default damages by the provider.

(5) The customer is only entitled to set off against the
provider if their counterclaims are legally established, undisputed, or acknowledged by the provider.
The customer may only exercise a right of retention insofar as the counterclaim is based on
the same contractual relationship.

(6) The provider reserves the right to withdraw from the contract if the customer has not paid the
agreed purchase price / agreed down payment to the provider without deduction within the specified
payment deadline.

(7) In the event of a customer's withdrawal from the purchase agreement not attributable to a defect, the
provider is entitled to retain the deposit made.

 8 Material defect warranty, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory
provisions, in particular §§ 434 et seq. BGB. For entrepreneurs, the warranty period for goods
supplied by the provider is 12 months. For used products, which are expressly
marked as such, the warranty is limited to 12 months.
(2) If the customer is an entrepreneur, defects must be reported to the provider in writing
immediately, but no later than two weeks after delivery, in order to preserve the customer's
warranty claims. The defective items must be kept available for inspection by the provider
in the condition in which they are at the time the defect is discovered.

(3) Insignificant, reasonable deviations in dimensions, colors, and designs do not entitle
the customer to complain, unless absolute adherence has been expressly agreed upon.

(4) Product images may deviate from the appearance of the delivered products. In particular,
changes in the appearance and features of the products may occur after renewals in the
manufacturers' assortment. Warranty claims do not exist if the changes are reasonable for
the customer.

(5) A deviation of the specified dimensions of up to 25 millimeters cannot be excluded due
to production and is not considered a defect. The customer is advised to take this tolerance
into account when setting up the goods, if necessary.

The installed LEDs, bubble jets, and massage jets in hot tubs may have a different gap
dimension due to the drillings in the curve.

(6) The customer is asked to inform the delivery person of obvious damage (e.g., clearly
damaged packaging) if he is a consumer. We ask that this be acknowledged by the delivery
person. The customer's rights under paragraph 1 remain unaffected.

(7) Exclusions of warranty

Hot tubs and saunas:

The customer is informed that products made of wood can change in shape and dimensions
due to external influences (weather, heat). The wood cladding will gray over time due to
natural wood aging and does not entitle the customer to claim warranty. Similarly, drying
cracks may occur in the wood. The provider therefore recommends regular care with
suitable care products (wood oil) to avoid this.

Hot tubs:

The provider points out that the wooden surround of the hot tubs must not have direct
contact with the ground. Adequate drainage must be ensured.

When hot tubs are installed in the ground or on the terrace, adequate drainage must be
provided. The foundations and fastenings must be properly constructed. All electrical
accessories must be protected from the ingress of water (rain, seepage, etc.). Damage due
to water or rot due to constant contact with moisture from outside is excluded from the
warranty.

The installation of a residual current device in conjunction with electronic accessories is
offered.
We are not liable if the tub or individual components are damaged by
strong sunlight or improper storage. Please ensure adequate
sun protection.

The water temperature must not exceed 42 degrees.

In case of corrosion of individual components that results from the use of unsuitable
chemical substances such as chlorine or salt preparations and/or their excessive
use, the warranty expires.

Slight discolorations of the tub can occur due to sun, water (PH-
values) and chemical products and are excluded from the warranty.

All water-carrying parts must be protected from frost to avoid damage.
In case of frost damage, the warranty claim expires. It is advised to drainthe water from
all water-carrying parts in case of frost.

This includes, in addition to the tub and the stove, massage pumps and hoses, as well as
the filter system and hoses.

Furthermore, the filter system must be adequately ventilated to prevent damage fromoverheating.

The pumps of the massage system and bubble system have overheating protection and
switch off after some time. No warranty claim arises here, as this is for the protection
of the device.

Electric heaters must be installed by a qualified electrician.

Saunas:

A concrete or paved surface must be created as a base.

Electric heaters must be installed by a qualified electrician.

Hot tubs and saunas:

The operating and assembly instructions must be observed.

We also do not provide a warranty for defects caused by

defects due to faulty assembly.

In case of damage due to force majeure such as storms, hail, lightning, natural disasters, and
other violent influences.

Commercial use

Changes made by the consumer

Improper use and external mechanical influences

For self-assembly products, the consumer, DIY enthusiast is solely responsible for the
proper installation of the components and the storage of the tub and saunas during installation.
Bathtubs and saunas that have been modified by the customer, e.g., by the installation of additional
parts, and are therefore no longer in their original delivery condition, are no longer covered by
the warranty.

(8) The provider does not grant an additional warranty.

(9a) Legal requirements for setting up and operating hot tubs

Hot tubs are subject to the requirements of the Ordinance on Small and Medium-Sized
Combustion Plants  1. BImSchV. We point out that the limit values of the 1.
BImSchV regarding dust and carbon monoxide cannot currently be met during the operation of the hot tub.
If you wish to install a hot tub with a wood-fired stove, apply to the competent emissions
control authority for an exemption pursuant to Section 22 of the 1. BImSchV. This may be granted depending on the individual case.
granted.

In some federal states, the installation of the hot tub also requires a
building permit.

Distances to buildings and neighbors must be maintained. Please contact your local authorities and your local chimney sweep before purchasing.
your local authorities and your local chimney sweep.

(9b) Legal requirements for setting up and operating saunas

Saunas are subject to the requirements of the Ordinance on Small and Medium-Sized
Combustion Plants  1. BImSchV. Our stoves are designed for this regulation.

Installation requires a building permit.

Distances to buildings and property boundaries must be observed. Please contact your local authorities and your local chimney sweep before purchasing.
purchase with your local authorities and your local chimney sweep.
connection.

 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this
are claims for damages by the customer arising from injury to life, body,
health or from the violation of essential contractual obligations (cardinal obligations) as well as
liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
based on the provider, its legal representatives or vicarious agents.
Essential contractual obligations are those whose fulfillment is necessary to achieve the goal
of the contract is necessary.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the
contractually typical, foreseeable damage, unless this was caused by simple negligence,
unless it concerns claims for damages by the customer resulting from an injury
to life, body, or health.

(3) The customer is particularly advised that attention must be paid to the possible
heat development when using the products and that the products
should not be used by children without supervision. In the event of
circulatory problems, a doctor must be consulted before use. It should be noted
that bathing in hot water or staying in a sauna can also lead to
circulatory problems, even if these were not previously known to the customer. The
provider is not liable for this, as these consequences are not attributable to the product itself
are. The provider points out that for devices with electrical components (e.g. with
massage or bubble function) it is strongly advised to use a personal residual current device (PRCD)
that can interrupt the electrical current if the electrical system comes into contact with water
comes into contact with water.

The customer is informed of the strong suction effect of the filter system. This can lead to
the suction of body parts, which can be painful and dangerous for children. We
recommend that the filter be switched off during bathing.

(4) The restrictions according to paragraphs 1 to 3 also apply in favor of the legal representatives
and vicarious agents of the provider if claims are asserted directly against them.
are asserted.

(5) The limitations of liability resulting from paragraphs 1 to 3 do not apply if the
provider maliciously concealed the defect or assumed a guarantee for the quality of the item.
item. The same applies if the provider and the customer have made an agreement
agreement on the quality of the item. The provisions of the
Product Liability Act remain unaffected.


 10 Data protection

(1) The customer agrees to the storage of personal data within the framework of the
business relationship with the provider, in compliance with data protection laws,
in particular the BDSG and the GDPR. Data will not be passed on to
third parties unless this is necessary for the execution of the contract.

(2) If the customer transmits data from third parties, he assures that he has obtained the consent
of the third party and indemnifies the provider from any claims
in this regard.

(3) The rights of the customer or the data subject arise
in particular from the following provisions of the GDPR:

 Article 7 (3)  Right to withdraw consent to data protection

 Article 15  Right of access by the data subject, right to confirmation and
provision of a copy of personal data

 Article 16  Right to rectification

 Article 17  Right to erasure ("right to be forgotten")

 Article 18  Right to restriction of processing

 Article 20  Right to data portability

 Article 21  Right to object

 Article 22  Right not to be subject to a decision based solely on automated processing 
including profiling  subject to a decision based solely on automated processing
 Article 77  Right to lodge a complaint with a supervisory authority
(4) To exercise these rights, the customer or data subject is requested to contact the provider by e-mail or, in case of a complaint, the competent supervisory authority.

(5) The provider assures that appropriate technical and organizational measures have been taken
to ensure the security of personal data and to reduce the risk for
the data subjects.

 11 Dispute Resolution

(1) The EU platform for out-of-court online dispute resolution can be accessed at the following
internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before
a consumer arbitration board.


 12 Final Provisions

(1) Contracts between the provider and the customers are governed by the laws of the
Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The
statutory provisions restricting the choice of law and the applicability
of mandatory provisions, in particular of the state in which the customer as a consumer has their
habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law, or a public
special fund, the place of jurisdiction for all disputes
arising from contractual relationships between the customer and the provider is the registered office of the
provider in Fichtenau.

(3) The provider is entitled to commission subcontractors in whole or in part with the
provision of services without the consent of the customer being required.

(4) The contract remains binding in its other parts even if individual points are legally invalid. In place of the invalid points, where available, the
statutory provisions apply. However, if this would constitute an unreasonable hardship for a contracting party,
the contract becomes invalid in its entirety.

Status: 05.05.2021