General Terms and Conditions

for the provision of work services by Feuerwasser, Feuerwasser, Garanaser Straße 6, 8541 Bad Schwanberg, e-mail: info@feuerwasser.co (hereinafter referred to as "Contractor") to its customers (hereinafter referred to as "Client")

1. general

1.1 These General Terms and Conditions (GTC) for the provision of work services apply to contracts concluded between the Client and the Contractor subject to these GTC.

1.2 Insofar as other contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in the event of a conflict.

1.3 Subject to express consent, the Contractor shall not recognize any General Terms and Conditions of Business used by the Client that deviate from these General Terms and Conditions of Business.

2 Subject matter of the contract and scope of services

2.1 The Contractor undertakes to produce the following work:

Feuerwasser offers handmade, electricity- and gas-free wooden hot tubs, bath tubs, bathtubs and outdoor showers made from sustainable, plastic-free materials - manufactured in Austria - for natural outdoor wellness experiences

2.2 The specific scope of services shall be the subject of individual agreements between the Contractor and the Client.

2.3 The completion date and the modalities of the provision of the work shall be regulated in individual contracts. The Contractor shall provide the commissioned service on the agreed date, ready for acceptance and free of defects. If it is not possible to produce the work on time, the Contractor must inform the Client immediately of the reasons for the delay.

2.4 The Contractor is obliged to provide the services owed under the contract. However, in the performance of its activities, it shall not be subject to any instructions with regard to the type of performance of its services, the place of performance or the time of performance. However, the Contractor shall determine the work days and the time allocation on these days itself in such a way that optimum efficiency is achieved in its activities and in the realization of the subject matter of this contract. The Contractor shall only provide its services in consultation and coordination with the Client.

2.5 The Contractor shall be entitled to engage further vicarious agents to fulfill the contract. He shall be liable for the services of the vicarious agents in the same way as for his own services.

2.6 The present contract is a contract for work and services, so that the provisions of Sections 631 et seq. BGB apply in addition.

3. obligations of the client to cooperate

It is the Client's responsibility to provide complete and correct information, data and other content to be made available by the Client for the purpose of service fulfillment. The Contractor shall not be liable to the Client in any way for delays and delays in the provision of services caused by late and necessary cooperation or input by the Client; the provisions under the heading "Liability/exemption" shall remain unaffected by this.

4. remuneration

The remuneration shall be agreed in individual contracts and shall generally be due after acceptance of the work and payable within 14 days of receipt of the invoice by the client.

5. acceptance

After completion of the work, the Contractor shall request the Client to accept the work. The client will then check whether the work is in accordance with the contract and has no significant defects. The client and contractor shall document the acceptance in an acceptance report.

6. warranty

The statutory warranty for defects shall apply.

7. reservation of title

The work shall remain the property of the Contractor until full payment of the remuneration.

8. liability

8.1 The Contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability (e.g. under the Product Liability Act). If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. Any further liability of the Contractor is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.

8.2 The Client shall indemnify the Contractor against any third-party claims asserted against the Contractor due to breaches of these contractual terms and conditions or applicable law by the Client.

9. data protection and confidentiality

9.1 The Contractor shall treat all processes of which it becomes aware in connection with the order as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and/or third parties who have access to the information that is the subject of the contract. The confidentiality obligation shall apply indefinitely beyond the term of this contract.

9.2 The Contractor undertakes to comply with all data protection regulations - in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act - when carrying out the order.

10. final provisions

10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.

10.2 Should any provision of these GTC be or become invalid, this shall not affect the validity of the remainder of the GTC.

10.3 The Client shall support the Contractor in the provision of its contractual services by providing reasonable cooperation where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the order.

10.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the Contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.

10.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. If he objects, the changes shall not come into force; in this case, the Contractor shall be entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment to these GTC shall refer to the deadline and the consequences of an objection or failure to object.

11. information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of contractual disputes involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.

Our e-mail address can be found under the heading of these GTC.