Freizeiteinrichtungen Stadtwerke Herford GmbH General Terms and Conditions of Trade

A. General Provisions

1. Scope of Application and Contracting Party

1.1 The General Terms and Conditions of Trade of Freizeiteinrichtungen Stadtwerke Herford GmbH (‘we/us/our’) shall apply to all sales contracts which we conclude with our customers (‘you/your’).
1.2 All contracts are concluded directly with us, a subsidiary of Stadtwerke Herford GmbH. For any questions, claims or complaints you can contact our Customer Service Department by telephone on 05221/922-277 or send an e-mail to info[at]h2o-herford[dot]de.

2. Conclusion of Contract

2.1 The contract with you is materialized either by a purchase at our facilities’ cash desks or by an order placed by you. Orders may be placed in writing, by telephone or via the Internet.
2.2 The description of services and/or products on posters, in brochures or on the Internet does not constitute offers in the legal sense; they are merely an invitation to make a purchase or place an order.

3. Errors and Amendments

3.1 All our offers are without obligation. In the event of a misprint or similar errors we reserve the right to correct the information concerned.
3.2 We shall be entitled to make changes to our services and the goods we offer for sale insofar as reasonable for you. Details and descriptions of services and goods for sale shall not be considered a warranty of particular properties.

4. Payment

4.1 At our cash desks we accept cash payments and payments by Maestro or credit card (MasterCard and Visa). In the case of orders, purchase against invoice may also be possible.
4.2 All products purchased and ordered remain our property until full payment of the purchase price. We shall be entitled to block or delay the enabling of admission tickets and vouchers that are not fully paid for until full payment has been made.
4.3 In the case of purchase against invoice the time for payment shall be fourteen working days from receipt of invoice. In case of default in payment we shall be entitled to charge default interest at the statutory rate.

5. Return and Exchange

5.1 Our products, including admission tickets and vouchers, are generally non-returnable and non-exchangeable.
5.2 In exceptional cases we may make special rules and allow an exchange to be made. However, the purchase price originally paid is never refundable.
5.3 The above provisions do not restrict your right of cancellation.

6. Vouchers and Admission Tickets

6.1 All vouchers are issued as value vouchers. That also applies to vouchers issued for a particular service.
6.2 If a price increase takes place between purchase and redemption of a voucher you will be asked to pay the difference. In the event of a price drop a new voucher will be issued in respect of any remaining credit.
6.3 Admission tickets are treated the same way as vouchers. If an admission ticket is not used straight away and a price adjustment takes place between purchase and use, you may be asked to pay the difference.

7. House Rules and Pool Rules

7.1 By purchasing admission tickets and vouchers or by redeeming them you accept the applicable house rules and pool rules.
7.2 The current version of the house rules and pool rules is available on our website and is also displayed on the premises (PDF-Downloads: House rules für the Sports and Water Park (german), House rules for the H2O Sauna World (german)).

8. Data Protection

8.1 We collect, store and process personal data in accordance with the relevant legal provisions for the purpose of fulfilment of the contract.
8.2 Your personal data which we obtain in connection with processing the contract will not be passed on to third parties or used for advertising purposes without your consent unless legally permissible.

B. Special Rules for Orders

9. Area of Application

9.1 The following special rules apply to products including vouchers that are ordered from us instead of being purchased directly from the cash desks at our facilities.

10. Order Processing

10.1 The order takes the form of an offer made by you which we must accept. In special cases we may refuse to accept an order without giving any reasons.
10.2 We are entitled, but not obliged, to send an acknowledgment after accepting an order.

Instructions for Withdrawal

11. Right of Withdrawal

11.1 You have the right to withdraw from this contract within fourteen days without giving reasons.
11.2 The period of withdrawal 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 goods.
11.3 In order to exercise your right of withdrawal, you must inform us (Leisure Facilities Stadtwerke Herford GmbH, Werrestr. 103,32049 Herford, telephone 05221/922-277, fax 05221/922-295, info@h2o-herford.de) by means of a clear declaration (e. g. a letter sent by post, fax or e-mail) of your decision to withdraw this contract. You can use the enclosed sample withdrawal form for this purpose, but it is not mandatory.
11.4 In order to comply with the withdrawal period, it is sufficient that you send the notice of withdrawal prior to the expiry of the withdrawal period.

12. Consequences of the Withdrawal

12.1 If you withdraw from this Agreement, we will be obliged to return all payments received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a method of delivery other than the standard delivery offered by us), to you without delay and no later than within 14 days from the day on which we receive notice of your withdrawal from this Agreement. For this repayment we will use the same means as you used for payment in the original transaction, unless otherwise expressly agreed 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.
12.2 You must return or hand over the goods to us without delay and in any case within 14 days of the day on which you inform us of your withdrawal from this contract. The deadline is observed if you send the goods before the 14-day deadline expires.
12.3 You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss of value is due to a handling of the goods which is not necessary for ascertaining the quality, properties and functioning of the goods.

13. Dispatch

13.1 Products and vouchers and admission tickets not purchased from the cash desks at our facilities can be kept at a cash desk for you or sent to you at your own risk by post or by another carrier.
13.2 We shall be entitled to apply shipping, postage and handling charges where these are shown separately. In that case you must pay the additional charges along with the purchase price.
13.3 If some of the products ordered are temporarily out of stock we shall be entitled, but not obliged, to make part deliveries. If they have to be shipped separately we will bear any extra expenses.

14. Ordering and Using Online Vouchers

14.1 Vouchers can also be purchased as online vouchers. In that case we will e-mail you a special PDF file with a barcode. You can then print out the file yourself. A paper voucher will not be sent to you and no shipping expenses will be charged.
14.2 To redeem the online voucher all you need to do is bring in a print-out of the PDF file. The print-out will be scanned at the cash desk and the voucher will be logged as redeemed in our system. Additional print-outs will not be accepted. It is therefore your responsibility to make sure that no-one else can access your PDF file.

15. Rescission

15.1 If after concluding a contract with you we are unable to supply the products you have ordered because we have not received the goods from our supplier, we shall be entitled to rescind the contract.
15.2 If we rescind the contract any purchase price you have already paid will be refunded immediately. No other claims will be accepted.

C. Final Provisions

16. Warranty and Liability

16.1 We shall be liable for material defects and defects of title as provided by law.
16.2 We shall have unlimited liability for intent and gross negligence; otherwise our liability shall be limited or excluded in accordance with the provisions below. In the case of slight negligence we shall be liable only in case of breach of a duty material to attainment of the contractual purpose (cardinal duty); otherwise, liability for slight negligence shall on the whole be excluded. These limitations of liability shall not apply to injury to life, limb or health or to claims under the Product Liability Act. Liability for guarantees which we have assumed shall likewise be unaffected.

17. Set-off and Right of Retention

17.1 You shall have a right of set-off only if your counterclaims are legally enforceable or are undisputed or have been accepted by us.
17.2 You may exercise a right of retention only if the claims arise from the same contractual relationship.

18. Choice of Law, Place of Performance and Venue, Severability

18.1 The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 The place of performance and the venue shall be Herford.
18.3 Should individual provisions of these General Terms and Conditions of Trade be or become ineffective or unenforceable that shall not affect the effectiveness of the other provisions. The ineffective or unenforceable provision shall be replaced by a provision coming as close as possible to the commercial intent of the ineffective or unenforceable provision. The same shall apply if loopholes are subsequently discovered in these General Terms and Conditions of Trade.

Date: March 2018

Online dispute resolution
Online dispute resolution in accordance with article 14 paragraph 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS) which is available at http://ec.europa.eu/consumers/odr/.  

Note in accordance with the German act on alternative dispute resolution (VSBG):
The leisure facilities Stadtwerke Herford GmbH are not willing or obliged to take part in a dispute procedure before an arbitration board with consumer involvement.

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