General Terms and Conditions

General Terms and Conditions (GTC) between WunderWorks GmbH (provider) and the customer (consumer)

The General Terms and Conditions of
WunderWorks GmbH
Roonstraße 24
20253 Hamburg

include services within the scope of this partially automated and predominantly internet-based procedure for the purchase of sanitary products as well as for the delivery and installation of sanitary products including other gas and water installations and any conversion measures. The GTC apply to all legal relationships that arise between the provider and the consumer in accordance with Section 13 of the German Civil Code (BGB) in the context of the use of online services, which includes offers and services provided by the online platform.

For reasons of simplification, the additional formulation of the female or the diverse form is waived. The use of the masculine form is to be understood as gender-independent. The contractual language is German.

1. GENERAL

§ 1 Area of application

All services and products are subject exclusively to the following GTC in the version valid at the time the order is placed. Deviating terms and conditions are not recognized, even if the provider does not expressly object to them. The General Terms and Conditions shall also apply if the provider carries out the consumer’s orders without reservation in the knowledge of conflicting or deviating terms and conditions. However, individual agreements shall take precedence over the General Terms and Conditions.

The consumer is advised that constant and uninterrupted availability of the platform, the database and its contents is not technically feasible. The Provider shall make every effort to ensure the availability of the platform and database; however, necessary security or maintenance work or technical faults may result in the temporary unavailability of Online’s services.

§ 2 Business initiation

1. the presentations and product quotations of the provider on the online platform do not constitute a legally binding contractual offer, but are only a non-binding invitation to the consumer to call up the free and paid services with regard to a planned project or the paid products.

2. the provider offers the following service classes on the website operated at www.wunderworks.com:

2.1 Service class 1: Purchase and installation of partial installations

The consumer can place the partial installations, consisting of several individual products, including installation services, in the shopping cart without obligation and correct his entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process.
In addition to his shopping cart, the consumer also provides the supplier with data on the property (e.g. floor plan, size, etc.) and takes part in digital planning discussions. The provider records the partial furnishings in the shopping cart, compares them with the data provided about the property and checks the project for completeness. The provider then starts planning proposals for the design of the sanitary facilities on a design basis. The consumer is digitally involved in the planning process. For a fee, the planning documents created (dimensionally accurate drawings, product compilation, collection of technical data, etc.) can also be handed over to the consumer.

The provider points out that the design created on the basis of the data provided by the consumer cannot guarantee that the services, materials, dimensions and other contents contained in the design actually provide the services required for the redesign of the sanitary rooms; initially, only a design proposal is made for later coordination of a possible offer. As a rule, a digital or physical inspection of the place of performance and the object of performance is required for a final review of the performance target. Only on this basis can a binding offer for the remodeling of the bathroom be made.

2.2 Service class 2: Purchase and installation of complete facilities
The consumer can place the complete furnishing, consisting of several individual products, including installation services, in the shopping cart without obligation and correct his entries at any time before sending the binding order by using the correction aids provided and explained for this purpose in the order process.
Furthermore, in addition to his shopping cart, the consumer also provides the supplier with data on the property (e.g. floor plan, size, etc.) and takes part in digital planning discussions. The provider records the partial furnishings in the shopping cart, compares them with the data provided for the property and checks the project for completeness. The provider then starts planning proposals for the design of the sanitary facilities on a design basis. The consumer is digitally involved in the planning process. For a fee, the planning documents created (dimensionally accurate drawings, product compilation, collection of technical data, etc.) can also be handed over to the consumer.

§ 3 Registration by the consumer

1. the use of the services according to § 2 No. 2 for the design of bathroom furnishings requires the registration of the consumer on the platform of www.wunderworks.com. Registration is only permitted for consumers who are of legal age and have full legal capacity. Only registered consumers are able to place offers in the provider’s online database. All information provided in connection with registration must be truthful.

2. when registering, consumers must provide their full name, their e-mail address and a password. The data is required to create a so-called consumer account in the online system. Further details such as the consumer’s full address or telephone number are generally voluntary, but may be required on a case-by-case basis. The name, e-mail address and password are always required by the provider as access data for the adequate use of the services requiring registration. Which of these details are mandatory in each case is determined by the mandatory fields that are specified when the consumer registers on the website.

The consumer must keep the password secret and may not disclose it to third parties. Should third parties gain knowledge of the consumer’s password, the consumer must report this immediately to the provider and change the password.

3. as part of the semi-automated procedure, the consumer not only provides the necessary communication data, but also answers questions about the sanitary facilities and the desired detailed installations using a questionnaire. The consumer is required to keep the information as precise as possible so that the commissioned design can be created as error-free as possible on this basis. Photographs or floor plans will also be sent in this way if required. The consumer himself is responsible for the accuracy of the content of his information.
4. after self-verification, approval and dispatch of the registration and/or order, the consumer shall receive a confirmation of receipt and later or at the same time further information on the receipt and storage of the data. The consumer warrants that the content supplied by him is free of third-party rights.

§ 4 Entering data in the online database

1. the consumer undertakes to provide up-to-date and original data when using the services in accordance with § 2 No. 2.

2. to ensure smooth and effective processing of the data and documents, the consumer is required to answer an online questionnaire. The consumer is required to answer the questions correctly and completely, otherwise successful processing cannot be ensured. The information provided about the offer must be compiled carefully and truthfully. The provider shall decide at its own discretion after receipt of the offer and processing of the data received. If processing is not possible, the consumer will be informed of this promptly in writing. The same applies if the provider has any queries.

3. if a consumer reports a problem with the use of the online platform or services that he wishes to be corrected by the provider, the consumer is obliged to actively cooperate in rectifying the problem, in particular to provide the information necessary for correction and to take any necessary action.

4. the consumer is responsible for the content posted by him. In particular, the consumer is responsible for ensuring that the content and communication are not unlawful and do not violate the rights of third parties (e.g. copyrights or trademark rights, personal rights, rights to one’s own image) or offend common decency. The consumer must also ensure that the content and communications transmitted by him do not contain any viruses or comparable harmful programs. In the event of a breach of the regulations described in this section, the provider is entitled to reject the content and communication at any time or to remove or deactivate the consumer immediately and without prior consultation. In the event of rejection, deletion or deactivation, the provider shall inform the consumer immediately, stating the reasons.

§ 5 Cancellation policy

In the event that the consumer is a consumer in accordance with Section 13 BGB and this contract is concluded either outside the business premises of the provider or by means of distance selling via means of distance communication, the following applies to the selection
– Service class 1: Purchase and installation of partial installations (§ 2 No. 2.1.) the withdrawal instructions contained in Annex 1 to this contract and
– Service class 2: Purchase and installation of complete equipment (§ 2 clause 2.2.) the revocation instructions contained in Annex 1 to this contract.
This annex is a mandatory part of this contract. Consumers within the meaning of Section 13 BGB are natural persons who do not conclude the legal transaction for commercial or professional purposes.

§ 6 Rights of use

1. by placing content in the database when using the Internet offer, the consumer grants the provider the right to use this content free of charge for the duration of the necessary types of use for the operation of the online platform and services as well as for the placement and provision in the database and retrieval by third parties, in particular to store, reproduce, edit, modify, make available, transmit and transfer the content.

2. offers, calculations, plans, drawings, calculations, verifications of calculations, cost estimates or other documents of the supplier may not be reproduced or modified or made accessible to third parties without the consent of the consumer and must be returned to the consumer immediately if the order is not placed. Any copies made must be destroyed in this case.

§ 7 Responsibility for content

The consumer shall indemnify the provider against all claims by third parties for any infringement of their rights by the content and data provided by the provider. The consumer shall also assume the costs of the necessary legal defense on the part of the provider, including all court and attorney’s fees. This does not apply if and insofar as the consumer is not responsible for the infringement. The right to claim further damages is expressly reserved.

§ 8 Rights to the database/ copyrights

1. the provider is the legal owner of the contents of the platform and the database. All copyrights, trademark rights and other intellectual property rights to the database work, the database and the content, data and other elements posted here are the exclusive property of the provider; any rights of the consumer to the content posted by him remain unaffected by this.

2. if copyright protection can be claimed, all rights remain with the provider. The Provider shall in any case have the right to be named on the design and planning documents. In the event of termination of the contract, the consumer shall not be authorized to have the existing planning – in whatever form – changed or completed by other providers.

§ 9 Ownership and delivery

The parties agree that business documents, drawings, drafts and offer documents created and or handed over during the production of the drafts, the concept and the offer shall remain the property of the supplier at the time of their creation, unless otherwise agreed between the parties.

§ 10 Offsetting and right of retention

The consumer shall only be entitled to set-off if his claims have been legally established or are undisputed. The consumer is also entitled to offset against the claims of the supplier if he asserts complaints or counterclaims arising from the same purchase contract. The consumer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 11 Liability

1. the following applies to damages incurred by the consumer in connection with the online platform and services or other services provided by the provider, employees or other vicarious agents: In the event of intent or gross negligence and in the event of a guarantee, liability is unlimited. In the event of slight negligence, liability is also unlimited in the event of injury to life, limb or health. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable, typically occurring damage to property and financial loss resulting therefrom. Any further liability for damages is excluded except for claims under the Product Liability Act.

2. any contributory negligence on the part of the consumer must be taken into account in all cases. In particular, the consumer is obliged to check the accuracy of the content posted by him.

3. the provider shall only be liable for other damages if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and if the damages are typical and foreseeable due to the contractual use of the contractual service. If the provider breaches an insignificant contractual obligation through slight negligence, the obligation to pay compensation is excluded. The above provisions also apply in favor of the provider’s employees.

4. the above limitation of liability shall also apply to representatives, employees, vicarious agents and assistants of the provider.

5. the compensation for damages is thus limited to the typically foreseeable damage. There shall be no compensation for atypical or unforeseeable damages.

§ 12 Confidentiality

The provider undertakes to maintain confidentiality about all trade and business secrets of the consumer for the duration of the contract and also after its termination. This does not apply to statutory obligations to provide information.

2. CONDITIONS FOR DELIVERY AND INSTALLATION

PERFORMANCE CLASS 1: PURCHASE AND ASSEMBLY OF SUB-ASSEMBLIES
(§ 2 ITEM 2.1.)

AS WELL AS

SERVICE CLASS 2: PURCHASE AND ASSEMBLY OF COMPLETE EQUIPMENT
(§ 2 ITEM 2.2.)

§ 1 Remuneration

1. invoicing shall be based on unit prices for the goods purchased and for assembly on an hourly basis on proof. For required and necessary working hours at night, on Sundays or public holidays, the usual local surcharges will be charged.

2. if necessary, electricity, gas or water connections shall be made available to the supplier free of charge. Consumption costs shall be borne by the consumer.
3. the final invoice is due and payable immediately after acceptance of the work. All payments are to be made by the consumer without any deduction (discount, rebate) after acceptance and to the supplier. Interest on arrears shall be charged at a rate of 5% above the respective prime rate per annum. The assertion of higher damages caused by default remains reserved. In the event that the provider asserts a higher damage caused by default, the consumer has the option of proving to the provider that the claimed damage caused by default has not been incurred at all or at least in a significantly lower amount.

4. payments are due immediately upon receipt of the invoice by the consumer. Payments on account are possible in accordance with § 632a BGB and are made for the first time upon delivery of the ordered material. Payment of the purchase price must be made exclusively to the account specified by the supplier. The deduction of a discount is only permitted if a special written agreement has been made.

§ 2 Acceptance

The agreed assembly service/work service must be accepted after completion in accordance with the contract. The consumer is obliged to accept the work produced in accordance with the contract, unless acceptance is excluded due to the nature of the work. Acceptance cannot be refused due to insignificant defects. A work shall also be deemed to have been accepted if the supplier has set the consumer a reasonable deadline for acceptance after completion of the work and the consumer has not refused acceptance within this deadline, stating at least one defect. The consumer must be informed of this in the request for acceptance. In such cases, the consumer must therefore assert reservations due to recognizable defects by the aforementioned dates at the latest.

§ 3 Change in performance

If the consumer requests additional services that go beyond the service description or a change to the services of the contract, the supplier must submit these additional or changed services in an offer based on the negotiated conditions, with a description of the services offered and a quantification of the price charged for them, before the order is executed. The supplier is not obliged to execute the contract until the offer signed by the consumer or his representative has been returned.

§ 4 Obligations of the consumer

1. the provider must provide the service in accordance with the generally recognized rules and the state of the art, taking into account all official and legal regulations and provisions at the time the service is provided.

2. the provider is obliged to adhere to the cost specifications set and approved by the consumer when providing the service. In the event of cost deviations, the supplier must inform the consumer immediately, justify the cost deviations and propose cost-saving options in the event of cost overruns.

§ 5 Obligations of the provider

Upon request, the consumer shall provide the supplier with the documents and data available to him and required for the provision of the services, insofar as the consumer has collected this data himself, it has been collected on his behalf or it has become known to him from generally accessible sources and is still available to him.

§ 6 Work on existing buildings

If the provider is commissioned to repair an existing property and the fault cannot be rectified or the property cannot be repaired because the consumer culpably fails to grant access to the property on the agreed date, or the fault/defect cannot be found despite compliance with the generally recognized rules of technology or cannot be rectified in an economically viable manner after consultation with the consumer, the consumer shall be obliged to reimburse the expenses incurred by the provider, unless the impracticability of the service falls within the consumer’s sphere of responsibility and risk (e.g. spare parts can no longer be procured).

§ 7 Warranty

Warranty rights are governed by the contractual provisions of the German Civil Code.

§ 8 Force majeure

1. if the occurrence of force majeure leads to an interruption of the work, the parties shall be released from their obligations under this contract for the duration of the interruption of the work. If, in the event of the occurrence of force majeure, the performance of the service is completely prevented on a permanent basis, the parties shall be entitled to terminate the contract. Claims for damages are excluded. The following events in particular shall be deemed force majeure: War, acts of God, sabotage, strikes and lockouts, natural disasters, geological changes and impacts.

2. each contracting party is obliged to inform the other party immediately after the occurrence of a case of force majeure with all details. In addition, the parties shall consult on appropriate measures to be taken.

§ 9 Retention of title

Objects delivered and or assembled for the consumer remain the property of the supplier until the agreed remuneration has been paid in full, unless ownership is transferred to the consumer for legal reasons. The supplier is entitled to procure ownership of delivered objects for the consumer and to demand an advance payment for the delivery of the transferred objects. Insofar as the delivered items have become essential components of the building or the consumer’s property, the consumer undertakes, if the agreed payment deadlines are not met and without the existence of his own rights to refuse performance, to allow the supplier to dismantle the items that can be removed without significant impairment of the building structure and to transfer ownership of these items back to him. The costs of dismantling shall be borne by the consumer. If the objects brought in by the supplier are combined or processed as essential components with a property or with another object, the consumer hereby assigns to the supplier his claims or his co-ownership right to the new object in the amount of the consumer’s claim if claims or co-ownership arise as a result of the combination or processing.

3. SPECIAL PROVISIONS

PERFORMANCE CLASS 1: PURCHASE AND ASSEMBLY OF SUB-ASSEMBLIES
(§ 2 ITEM 2.1.)

AS WELL AS

SERVICE CLASS 2: PURCHASE AND ASSEMBLY OF COMPLETE EQUIPMENT
(§ 2 ITEM 2.2.)

§ 1 Performance and participation

1. the provider clarifies the task on the basis of the consumer’s specifications and checks the completeness of the data, requesting further data if necessary. If the information provided by the consumer is complete, the supplier shall draw up a design draft for the sanitary facilities and placement of the detailed installations implemented by the consumer in the online database on the basis of the data provided by the consumer. The design is subject to change and is non-binding for the parties. At the consumer’s request, the design draft shall form the basis for further discussions on the specification of a service profile for the refurbishment/first-time construction of the sanitary facilities.

2. the resulting concept is sent to the consumer for approval. Approval is given via log-in or e-mail. Upon approval, the concept shall form the basis for further discussions between the parties, if the consumer so wishes. This concept becomes the basis for the preparation of any offer.

3. after the concept has been approved, the supplier and consumer will meet at the consumer’s request to prepare an offer, as in case of doubt a digital or physical inspection of the place of performance and the object of performance is required for the binding preparation of an offer. Depending on what is required, a measurement is taken on site and a binding offer is prepared on this basis; if necessary, an offer for the refurbishment/first-time construction is negotiated on site.

§ 2 Assumption of warranty

1. the consumer is obliged to check the draft for inaccuracies after it has been made available and to report these immediately.

2. the provider does not guarantee the accuracy and completeness of the information provided by the consumer, the content posted, the declarations made or the identity and integrity of the consumer.

3. the offer amounts and estimates communicated on the basis of the draft are non-binding outside the offer. The offer amounts are dependent on various factors, such as the time of the offer, the choice of materials, hourly wages, fluctuating material prices or any alternative performance routes or any unrecognized risks or regional particularities.

4. DATA PROTECTION

1. the provider processes the personal data insofar as this is necessary for the provision of the services and/or for the operation of the website. It should be noted that in the event of registration and use of services by the provider, data (IP address, time of order and retrieval, etc.) is also collected and stored. This primarily serves to prove the conclusion of the contract and the use of the service. However, it also serves to prevent attempts at fraud. It is possible that people may attempt to gain access to the site by providing false information or by circumventing protective measures. Automated procedures are used to detect and ward off such access attempts. In this context, IP addresses in particular are also stored temporarily. The storage period will generally not exceed 14 days. In the event of repeated misuse of the website from an IP address, the provider reserves the right to store the IP address permanently in order to be able to block the IP address.

2. a user account is also created when a service is used via the website.

3. personal data will not be passed on to third parties unless this is necessary for the provision of the services. The provider also uses third-party services for parts of the service provision, e.g. the web hosting provider. Care is taken to ensure that the service providers either do not (or can only) take note of the personal data if the legal requirements are met.

4. if the provider should obtain consent to the use of data, he also points out that this can of course be revoked at any time with effect for the future.

5. the provider must comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BSDG) when collecting and processing the consumer’s data. The Provider’s data protection declaration attached to this contract as Annex 3 is an integral part of this contract. Further information on data protection within the meaning of Art. 13 GDPR can be found in the data protection information.

5. FINAL PROVISIONS

§ 1 Applicable law

The legal relationship between the consumer and the supplier and the question of a validly concluded contract as well as its preliminary and subsequent effects shall be governed exclusively by German law.

§ 2 Place of fulfillment and jurisdiction

1. The place of performance is – insofar as legally permissible – Hamburg.

2. the place of jurisdiction shall be the German court with local and subject-matter jurisdiction for the registered office of the provider if the consumer is a merchant. However, the supplier is entitled to appeal to another court with jurisdiction for the consumer.

§ 3 Severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall therefore apply accordingly in the event that the contract proves to be incomplete.

Hamburg, 01.02.2022

APPENDIX 1:

Cancellation policy Performance class 1: Purchase and installation of partial equipment and performance class 2: Purchase and installation of complete equipment
Right of withdrawal
If the customer is a consumer (§ 13 BGB) and this contract was concluded either outside the supplier’s premises or by means of distance selling via means of distance communication, these withdrawal instructions apply:

Cancellation policy

You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us

WunderWorks GmbH
Roonstrasse 2 24
20253 Hamburg
info@wunderworks.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website www.wunderworks.com. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by the provider) immediately and at the latest within 14 days from the day on which we receive 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. Under no circumstances will we charge you any fees for this repayment. If you have requested that our services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Instruction according to § 356 para. 4 BGB

The consumer hereby confirms that he has taken note of the fact that his above-mentioned right of withdrawal for the contract concluded above expires when the provider has handed over the complete documents to him and an inspection has taken place, and the consumer only has to decide whether to conclude the proven/brokered main contract without any further action on the part of the provider being required. The buyer’s attention has been drawn to § 356 para. 4 BGB.

Signature Signature

Sample withdrawal form
If you wish to cancel the contract, please complete this form and return it to us.

Company:
Address:
Telephone number:
E-mail address:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following services (*) ordered on (*)/received on (*) _________________ –
Name of the consumer(s)__________________ –
Address of the consumer(s) ________________ –
Signature of the consumer(s)
Place, date

Consumer’s
Signature of consumer