Terms of service

This is a translation. The contract language is German; in case of discrepancies the German version prevails.

General Terms and Conditions

Palazzina Sports & Building GmbH – online shop “Palazzina Wellness” (palazzina-wellness.com)

Version of: 21 October 2026

Contents

• § 1 Scope, provider, definitions
• § 2 Conclusion of contract in the online shop
• § 3 Product presentation, configuration and individual quotes
• § 4 Prices and shipping costs
• § 5 Payment
• § 6 Delivery, delivery time and passing of risk
• § 7 Installation site, cooperation and permits
• § 8 Retention of title
• § 9 Right of withdrawal for consumers
• § 10 Liability for defects (warranty)
• § 11 Liability
• § 12 Transport damage
• § 13 Dispute resolution
• § 14 Data protection
• § 15 Final provisions

§ 1 Scope, provider, definitions

(1) These General Terms and Conditions apply to all contracts for the purchase of goods between Palazzina Sports & Building GmbH, Marc-Chagall-Str. 2, 40477 Düsseldorf, Germany (commercial register: Düsseldorf Local Court, HRB 96972; VAT ID DE358462873; managing directors: Leon Freiholz and Rüdiger van Hal), hereinafter “we” or “us”, and our customers. They apply to orders in our online shop palazzina-wellness.com (brand “Palazzina Wellness”) and to individual quotes that we prepare for you on request.

(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A business is any natural or legal person or partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its commercial or independent professional activity, for example a hotel, a campsite, a gym or a spa. Where a provision applies only to consumers or only to businesses, this is stated expressly.

(3) The version of these General Terms and Conditions that is valid at the time of your order or of your acceptance of our quote applies.

(4) We do not recognise conflicting or deviating terms and conditions of businesses unless we have expressly agreed to their application in text form. This also applies if we deliver in the knowledge of such terms.

(5) Through the online shop we deliver only to delivery addresses in Germany. Deliveries to other EU member states are possible on request as part of an individual quote; the terms stated in the quote apply to them. Details can be found in our Shipping and Delivery Terms. They form part of these General Terms and Conditions.

§ 2 Conclusion of contract in the online shop

(1) The presentation of the products in the online shop is not a binding offer. It is an invitation to you to submit an offer yourself.

(2) This is how the ordering process works:

• You select a product and, where offered, your configuration (for example wood type, heater or equipment). Then you place the product in the cart.
• In the cart and at checkout you enter your details: name, billing and delivery address, email address and a telephone number at which you can be reached. You also choose the shipping method and the payment method.
• On the last page before submitting, you see a summary of your order with all prices, the shipping costs and your details.
• By clicking the button with which you submit your order subject to payment, you make a binding offer to purchase.

(3) You can identify and correct input errors at any time before submitting. The summary shows you all details. In the cart you can remove products or change the quantity. At checkout you can go back to the earlier steps and change your entries. You can also cancel the order by closing the browser window.

(4) After submitting, you automatically receive an email confirming receipt of your order (acknowledgement of receipt). It is not yet an acceptance of your offer to purchase. The contract is concluded when we expressly accept your order, as a rule by an order confirmation by email, or when we deliver the goods, whichever occurs first. We will accept or reject your order within 5 working days of receiving it. After this period has expired, you are no longer bound by your order. If you have already paid in this case, we will refund the amount to you without undue delay.

(5) We store the contract text. We send you the order data, these General Terms and Conditions and the withdrawal policy with the model withdrawal form by email. You can call up these General Terms and Conditions on our website at any time and save or print them. If you have created a customer account, you can view your orders there.

(6) The contract language is German. Translations of our website, for example into English, are for your information only. In case of discrepancies, the German version prevails.

§ 3 Product presentation, configuration and individual quotes

(1) The product description and your order confirmation are decisive for the scope and nature of the goods. Images may show decoration, accessories, furniture, lighting, planting or other equipment variants that serve for illustration only. They are not part of the scope of delivery unless the product description expressly states that they are included. Images marked as “visualisation” serve for illustration only.

(2) For configurable products, you choose from the options offered in the shop. The price of your configuration is shown to you in the cart and at checkout. We restate your configuration to you in the order confirmation. Please check it carefully and contact us immediately if anything is incorrect. Changes after the order confirmation are possible only if we agree to them. We agree insofar as production or the order with our supplier has not yet begun and the change is reasonable for us.

(3) On request we prepare individual quotes, including for businesses. Such a quote is binding for the period stated in the quote. If no period is stated, we are bound by the quote for 14 days. The contract is concluded when you accept the quote in text form (for example by email) within this period.

§ 4 Prices and shipping costs

(1) All prices in the online shop are total prices in euros. They include the statutory value added tax applicable at the time.

(2) Shipping costs are charged in addition. They depend on the product and are shown to you before you submit your order: on the product page, in the cart and at checkout. Details can be found in our Shipping and Delivery Terms.

(3) Not included in the price, unless the product description or the quote expressly states them: unloading from the vehicle, transport to the installation site, assembly and installation, foundation and subsurface, connections for electricity, water and waste water, permits, as well as accessories and equipment that are not expressly stated as included.

§ 5 Payment

(1) Payment methods. At checkout we offer the following payment methods: credit card and debit card (Visa, Mastercard, American Express, Maestro, UnionPay), Apple Pay, Google Pay, PayPal and Klarna. Checkout shows which of them are available for your order. This may depend, for example, on the order value, the device or the check by the payment service provider. We do not offer other payment methods, such as bank transfer, cash payment or cash on delivery.

(2) Payment processing. Payment is processed by the payment service provider that you choose at checkout (Shopify Payments, PayPal or Klarna). Its terms apply in addition. When paying with Klarna, Klarna’s terms also apply. Klarna shows at checkout whether and on what terms purchase on invoice or payment in instalments is possible.

(3) Due date. The purchase price is due on conclusion of the contract. You pay the full purchase price including shipping costs at checkout when you place your order. If we do not accept your order, we will refund the amount without undue delay or release it (see § 2 (4) of these General Terms and Conditions).

(4) No additional charges. We do not charge you any additional fee for using the payment methods offered.

(5) Invoice. You will receive your invoice by email.

(6) Refunds. Refunds, for example after a withdrawal, are made to the means of payment that you used for the order, unless expressly agreed otherwise. We do not charge any fee for the refund.

(7) Default in payment. If you do not pay on time, the statutory provisions on default apply. This includes default interest and, for businesses, the statutory lump sum for recovery costs.

(8) For businesses only: set-off and right of retention. Businesses may set off only claims that are undisputed or have been finally established by a court. Businesses may exercise a right of retention only if their counterclaim is based on the same contractual relationship.

§ 6 Delivery, delivery time and passing of risk

(1) Delivery area. We deliver to the delivery address in Germany that you provide (see Shipping and Delivery Terms). Delivery is made by freight carrier.

(2) Delivery time. The delivery time is stated on the relevant product page and in your order confirmation. We state it as a period in weeks from conclusion of contract. For most products it is 12–18 weeks from conclusion of contract. The delivery period ends at the end of the last day of the stated period. If no delivery time is stated, we deliver without undue delay, at the latest within 30 days of conclusion of contract. If advance payment has been agreed, the delivery time does not begin before receipt of payment.

(3) Delivery date. The freight carrier agrees the exact delivery date with you. Further details are in the Shipping and Delivery Terms.

(4) Delay. If we do not deliver on time, you have your statutory rights. This applies in particular to the right to set us a reasonable period for delivery and then to withdraw from the contract.

(5) Non-availability despite covering transaction. If we cannot deliver because our supplier does not supply us despite a congruent supply contract that we concluded in good time and in due form, and we are not responsible for this, we may withdraw from the contract. We will then inform you without undue delay and refund any payments already made without undue delay.

(6) Partial deliveries. We may make partial deliveries if this is reasonable for you, in particular if the partial delivery is usable for you and delivery of the remaining goods is assured. We bear any additional shipping costs that arise only because we have chosen a partial delivery.

(7) Delivery to the kerb (“frei Bordsteinkante”). The freight carrier delivers the goods to the kerb in front of your delivery address; if that is not possible, to the nearest point that the truck can reach safely and lawfully. Unless we have expressly agreed otherwise in text form, the following are not part of our service:

• unloading from the vehicle, including by crane, forklift or helpers,
• transport from the vehicle to the installation site,
• unpacking, setting up and assembly,
• connection and commissioning.

Please arrange unloading and onward transport in good time before the delivery date. Unloading assistance by the vehicle or the driver is not promised.

(8) Default of acceptance. If we or the freight carrier cannot properly deliver or hand over the goods for reasons within your sphere (for example because no one can be reached at the agreed time, the truck cannot use the access route or unloading has not been arranged), the statutory rules on default of acceptance apply. You bear additional costs that we actually incur as a result (for example for a repeat delivery or storage) insofar as you are responsible for the delay. On request we will provide evidence of the costs.

(9) Passing of risk for consumers. For consumers, the risk of accidental loss and accidental deterioration of the goods passes only when the goods are handed over to you. This also applies to shipment.

(10) Passing of risk for businesses. For businesses, the risk passes when the goods are handed over to the forwarder or carrier. At the customer’s request and expense, we take out transport insurance.

§ 7 Installation site, cooperation and permits

(1) You ensure that the following are in place at the installation site and on delivery:

• a suitable, level and sufficiently load-bearing installation site or subsurface or, where required, a foundation in accordance with the product description and assembly instructions,
• an access route up to the delivery address that is passable and load-bearing for the truck,
• a suitable unloading point,
• unloading and onward transport to the installation site, including crane, forklift or helpers,
• connections for electricity, water and waste water, insofar as the product requires them. Electrical connections may be made only by a qualified electrician. For wood-fired heaters, the chimney and the inspection and acceptance by the district chimney sweep must be taken into account.

(2) Whether an official permit or notification is required for installation, operation or use (for example under building, fire protection, emission control or neighbour law) depends on the federal state, the municipality, the size and the location. Please clarify this with the competent authority before ordering. We cannot give legal advice. Liability provisions in § 11 remain unaffected, as does our responsibility for our own incorrect statements.

§ 8 Retention of title

(1) The goods remain our property until they have been paid for in full.

(2) If third parties gain access to the goods subject to retention of title, for example by seizure, please point out our ownership and inform us without undue delay.

(3) For businesses only: businesses may not pledge the goods subject to retention of title or transfer them as security. On request we will release security insofar as its realisable value exceeds the claims to be secured by more than 10%.

§ 9 Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal for orders in the online shop. The details are in our withdrawal policy. There you will also find the model withdrawal form. We also send you the withdrawal policy by email with the order confirmation.

(2) Businesses have no statutory right of withdrawal.

§ 10 Liability for defects (warranty)

(1) Statutory liability for defects. The statutory liability for defects applies unless otherwise provided below.

(2) For consumers: The statutory warranty period is two years from delivery of the goods. These General Terms and Conditions do not restrict your rights under the statutory liability for defects. In particular, you may demand subsequent performance, reduce the purchase price, withdraw from the contract and, under the statutory conditions, claim damages. A notice of defect is not subject to any form. The easiest way is by email with photos. You do not lose your rights if you do not report a defect immediately.

(3) For businesses: The limitation period for claims for defects is one year from delivery of the goods. This does not apply

• in cases of intent or fraudulent concealment of a defect,
• to damage resulting from injury to life, body or health,
• in cases of gross negligence,
• to claims under the Product Liability Act,
• to a guarantee given by us,
• in the cases of the special statutory rules, namely for items that have been used for a building in accordance with their normal use and have caused its defectiveness, and for recourse claims in the case of supplier recourse.

In these cases the statutory limitation period applies.

(4) For merchants only: For merchants within the meaning of the German Commercial Code, the commercial duties of inspection and notification of defects under § 377 HGB apply. Obvious defects must be notified to us in text form without undue delay, at the latest within 7 days of delivery.

(5) Subsequent performance for businesses. For businesses, subsequent performance is carried out at our option by remedying the defect or by delivering defect-free goods.

(6) Guarantees. Where we or the manufacturer give a guarantee, its content and duration are stated in the product description or in the guarantee terms. Statutory rights in respect of defects remain unaffected by a guarantee.

§ 11 Liability

(1) We are liable without limitation for damage resulting from injury to life, body or health that is based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents.

(2) We are liable without limitation for other damage that is based on an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents, and also in the case of fraudulent concealment of a defect, where a guarantee has been given and under the Product Liability Act.

(3) In the case of slightly negligent breach of an essential contractual obligation (cardinal obligation), our liability is limited in amount to the foreseeable damage typical for this type of contract. Essential obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

(4) Otherwise our liability is excluded in cases of slight negligence.

(5) Paragraphs 3 and 4 do not apply in the cases of paragraphs 1 and 2. The statutory rights in respect of defects under § 10 remain unaffected.

(6) The liability provisions also apply for the benefit of our legal representatives, employees and vicarious agents.

§ 12 Transport damage

(1) Please check the delivery on acceptance. We ask you to check the goods on acceptance, insofar as this is possible without opening the packaging, for externally visible transport damage and for completeness. Please note visible damage on the delivery note or consignment note of the freight carrier. Photograph the damage if possible. Please notify us of damage by email as soon as possible.

(2) Background. Short notification periods apply towards the freight carrier. Without timely notification, it is presumed that the goods were delivered undamaged. With your support we can enforce claims against the freight carrier more quickly and resolve the matter for you.

(3) For consumers this is a request. As a consumer, you do not lose your statutory rights, in particular your rights in respect of defects under § 10, if you do not follow these instructions.

(4) For merchants only, § 10 (4) (duty of inspection and notification of defects) applies.

§ 13 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Data protection

How we process personal data is described in our privacy policy.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Palazzina Sports & Building GmbH in Düsseldorf. For consumers, the statutory places of jurisdiction apply.

(3) Should individual provisions of these General Terms and Conditions be or become invalid, the contract remains valid in all other respects. In place of the invalid provision, the statutory provisions apply. For businesses, a valid provision that comes closest to the economic purpose of the invalid one applies in place of the invalid provision.

(4) Our customer service answers questions about your order: telephone +49 211-94250820, email post@palazzina-sports.com, Monday to Friday 9:00 a.m. to 5:00 p.m. (CET).