Terms of Service
Terms of Service
1. Internet – Contract formation
1.a) The execution of all orders issued to us via the Internet are subject to our Terms and Conditions below. These terms apply between the company EWC GmbH and private customers. You can download or print the text on your computer. Additional or alternative agreements are valid only if they are confirmed in writing. By order/the placing of an order, our terms are deemed accepted.
1.b) After receipt of your order, you will receive an order confirmation from EWC GmbH, usually by post. Check the confirmation for obvious spelling and calculation errors as well as for discrepancies between the order, confirmation and delivery. You are obliged to inform us of such discrepancies immediately. If you or we request reversal due to a discrepancy, please do not open the goods any further. Otherwise, you must bear the resulting loss in value if there is no possibility of revocation under the Distance Selling Act. Return the goods to our address stated on the delivery note. The costs of the return or collection will be borne by us if you were unable to recognise the discrepancy before delivery and notify us in good time.
1.c) Our offers are non-binding and subject to change. Illustrations may differ from the goods actually delivered and are merely examples. The product information given on the website is based on manufacturer information, for the correctness of which we cannot assume any guarantee.
2. Warranty and Liability
2.a) If you prove evidence of defects in delivered goods, we will provide for its replacement or remedy of the defects in a timely manner. If we fail to do so, you have the right to cancel the purchase or receive a reduction on the purchase price. The warranty period lasts for 24 months. Further warranties are manufacturer-specific and are subject to the warranty of the manufacturer. Warranty issues that arise in this period will be settled by the company EWC GmbH, acting as the middleman.
The manufacturer warranties and conditions can be requested at any time at the company EWC GmbH and are enclosed with the respective deliveries. The warranty period is individually passed on by the company EWC GmbH as mediators of the manufacturer.
2.b) We are liable for damage caused by the violation of essential contractual obligations (cardinal obligations) or in the absence of guaranteed features. In addition, we are liable - regardless of what legal grounds - under the Product Liability Act or if the damage caused by us or our agents was due to gross negligence or intent.
2.c) We are liable in the event of a slight negligent breach of an essential contractual duty, most typically up to foreseeable damages, which usually does not exceed the purchase price of the goods ordered. Liability for all damages caused by slight negligence is limited to the damages done to the particular goods that were ordered.
2.d) We are not liable for damage caused by improper installation or handling. We are also not liable for water damage caused by the whirlpool tub and recommend consulting your insurance specialist in this regard. The customer is responsible for the suitability of the installation location (ceiling); in case of doubt, we recommend obtaining information from an architect or structural engineer. We accept no liability for any damage that may occur.
3. Right of Revocation
You have the right to cancel the contract within 14 days of receipt of the goods without giving a reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must contact us:
Firma EWC GmbH
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached cancellation form for this purpose, which is, however, not mandatory. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You will 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 for testing the condition, properties and functioning of the goods.
Please send us an email before returning the goods. We will send you a return note by e-mail.
Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and packaging components. If you no longer have the original packaging, please provide suitable packaging to avoid transport damage.
The above modalities are not a prerequisite for the effective exercise of the right of withdrawal.
4.a) We deliver goods plus shipping costs, at your choice, to all postal addresses in the Federal Republic of Germany. If you wish delivery to other countries or select a special shipping method, shipping costs may be incurred, which will be displayed to you for confirmation before the order is completed. For deliveries abroad, you will be responsible for any additional taxes and customs duties.
4.b) Place of performance is 25469 Halstenbek, Germany. We usually deliver our goods within one week. The delivery date may be reasonably extended in special cases. The delivery dates stated in the order confirmation are approximate dates and therefore non-binding.
4.c) We are entitled to make partial deliveries. If you are not interested in a partial delivery, do not open the goods any further until the remaining delivery has arrived. If the goods have been opened further by you, then in the event of a withdrawal after the expiry of the withdrawal period, you must bear the resulting loss in value. In the case of partial deliveries, we shall bear the additional shipping costs incurred as a result.
4.d) In the event of default, we are entitled to the supply of equivalent or higher quality goods.
5. Terms of Payment
5.a) The delivered goods remain our property until full payment.
5.b) We can only accept the modes of payment defined or offered in the order. In the event that a direct debit is returned or not honoured, you hereby irrevocably authorise your bank to inform us of your name and current address..
5.c) If you incur arrears despite a warning and deadline, we are entitled to charge interest at the rate of 5% above the base rate of the European Central Bank, unless lesser damage is proven.
6.a) Our prices are inclusive of German value added tax (V.A.T.), currently at 19%.
6.b) Our information about products and prices as part of the order process are non-binding. In the case of a price change, you are entitled to the cancellation of the contract of purchase.
7.a) The customer authorizes the company EWC GmbH and agrees therewith, that the company processes, saves and evaluates data about the client in connection with the business relationship involved, in line with data protection laws.
7.b) The company EWC GmbH collects and uses the personal information of customers to process orders and any complaints.
7.c) The company EWC GmbH does not give personal customer data to third parties. Service partners may be excluded, as they require the transfer of data to process your order. In these cases, the amount of transferred data is limited to the minimum necessary.
7.d) The customer has a right to disclosure and a right to rectification, blocking and deletion of their stored data.
8. Performance and Jurisdiction
8.a) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are placed from abroad or deliveries are made abroad. If you have your domicile or habitual residence abroad, Hamburg is the place of jurisdiction for all claims in connection with your order. We are also entitled to take legal action at your general place of jurisdiction. In the event of a legal dispute, the summonable address is: EWC GmbH, Verbindungsweg 42, 25469 Halstenbek..
8.b) You have the right to a compensation or reduction only if your counterclaims have been legally established or if we have accepted them in writing. You are only entitled to withhold payment if the claims are based on the same contractual relationship.
Should any part of a contract under these conditions become invalid, the validity of the remaining provisions will remain unaffected..
Information on online dispute resolution
According to its announcement, the EU Commission will provide an internet platform for the online settlement of disputes (so-called "ODR platform") by 15 February 2016. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. As a customer, you will be able to access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/