These GTC are applicable to
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are requested to take careful note of this document.
Getsummerrain.de is offered by:
SummerRain UG (haftungsbeschränkt) - Am Golfplatz 1, 16540 Hohen Neuendorf, Brandenburg, Germany
E-mail address of the provider: hello@getsummerain.de
Unless otherwise stated, access to getsummerrain.co.uk is subject to the terms and conditions set out in this section.
Individual or additional terms of use or access may apply in certain circumstances and in such cases are expressly identified in this document.
By using the service, users confirm that they comply with the following conditions:
Unless otherwise stated or clearly identifiable, all content available through getsummerrain.co.uk is owned and provided by the provider or its licensors.
The provider makes every effort to ensure that the content made available via getsummerrain.de does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.
All rights to the content are reserved by the provider.
Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to third parties, sell or license the content, or to enable third parties - even without the user's knowledge - to perform the aforementioned actions via their own device.
Where expressly indicated via getsummerrain.co.uk, the user may download, reproduce and/or distribute selected content available via getsummerrain.co.uk for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are correctly attached.
Legal limits or exceptions remain unaffected.
Users may be able to access external resources provided by third parties through getsummerrain.co.uk. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content or availability.
The terms and conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted are governed by the contractual terms of each third party or, in the alternative, by applicable law.
Getsummerrain.co.uk and the Service may only be used as intended and in accordance with these T&Cs and any applicable legal requirements.
Users are responsible for ensuring that their access to getsummerrain.co.uk and/or use of the service does not violate any laws, regulations or third party rights.
Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to getsummerrain.com or the Service, terminating contracts, reporting objectionable acts taking place via getsummerrain.com or the Service to the competent authorities - such as judicial or administrative authorities - if users are proven or presumed to have committed such acts:
Some of the products available through getsummerrain.co.uk as part of the service are chargeable.
Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to getsummerrain.co.uk and to the respective sections provided for this purpose.
Prices, descriptions and availability of products can be viewed in the relevant sections on getsummerrain.co.uk and are subject to change without notice.
Although products are presented on getsummerrain.co.uk with the greatest possible technical care, representations of any kind (including graphic representations, images, colours, sounds) are for reference only and do not constitute a warranty as to the characteristics of the product purchased.
The features of the selected product are explained during the purchase process.
All steps from selecting a product to placing the order are part of the purchase process.
The purchase process includes the following steps:
When the user places an order, the following applies:
All notifications in connection with the purchase process described will be sent to the e-mail address provided by the user for this purpose.
Users will be informed of all fees, taxes and charges (including any shipping charges) to be borne by them during the checkout process and before placing the order.
Prices are displayed via getsummerrain.co.uk as follows:
The Supplier may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditions listed by getsummerrain.co.uk in the relevant section.
Offers and discounts are always granted at the discretion of the provider.
Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.
Depending on the case, discounts or offers are only valid for a limited period of time or while stocks last. If an offer or discount is limited in time, the time information refers to the time zone of the provider, unless otherwise stated. This can be found in the relevant information provided by the supplier in this document.
Offers or discounts may be based on coupons.
In the event of a breach of the conditions applicable to coupons, the provider may lawfully refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or different rules for the use of the Coupons found on the relevant information page or the Coupon itself shall always prevail.
Unless otherwise stated, the following rules apply to the use of coupons:
Information on the accepted payment methods will be provided during the checkout process.
Some payment methods may only be available subject to additional conditions or charges. In these cases, you will find the relevant information in the relevant section of the service (getsummerrain.co.uk).
All payments are processed via third-party providers. Therefore getsummerrain.co.uk does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.
If payment via the available methods fails or is refused by the payment service provider, the provider is not obliged to fulfil the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.
When users authorise the PayPal function that enables future purchases, getsummerrain.co.uk stores an identification code that is linked to the users' PayPal account. This authorises getsummerrain.co.uk to automatically process payments for future purchases or recurring instalments of past purchases.
This authorisation can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.
The ordered products shall only become the property of the user upon receipt of payment of the full purchase price by the supplier.
Deliveries will be made to the address provided by the user and in the manner specified in the order summary.
Upon delivery, users must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if there is visible damage.
The goods are delivered to the following countries or territories: Germany.
Getsummerrain.co.uk describes the relevant delivery times, or alternatively these can be specified during the purchase process.
The supplier is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damage or delays after handover to the carrier if the carrier has been commissioned by the user.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the supplier. In this case, the supplier will contact the user to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, the user shall bear the costs for each further delivery attempt from the second delivery attempt onwards.
Unless there are exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can find out more about the cancellation conditions.
Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They can withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.
For users who are not acting as European consumers, the rights set out in this section do not apply.
In order to exercise his right of withdrawal, the user must send the provider an unambiguous declaration stating his decision to withdraw.
For this purpose, users may use the model withdrawal form provided in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unambiguous statement in another appropriate manner. In order to meet the deadline for exercising this right, the user must send the withdrawal notice before the end of the withdrawal period.
When does the withdrawal period expire?
Users who duly withdraw from a contract will be refunded all payments made to the supplier, including delivery costs where applicable.
However, the provider is not obliged to reimburse additional costs if the user has opted for a type of delivery other than the cheapest standard delivery offered by the provider.
The refund shall be made without delay, but no later than 14 days after the day on which the provider is informed of the user's decision to revoke the contract. The Provider shall make the refund using the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User. In any case, the User shall not incur any costs or fees as a result of the refund.
The user must return or hand over the goods to the supplier or to a person authorised by the supplier to receive the goods without delay and in any case no later than 14 days from the day on which the user notified the supplier of his decision to cancel the contract, unless the supplier has offered to collect the goods himself.
The time limit is met if the user hands over the goods to the carrier or otherwise returns the goods as specified above before the end of the 14-day period. The supplier may refuse repayment until he has received the goods back or until the user has provided proof that he has returned the goods, whichever is the earlier.
The user shall only be liable 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 quality, characteristics and functioning of the goods.
The user shall bear the costs of returning the goods.
Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Traders must therefore ensure that the purchased goods have the promised or reasonably expected quality, functioning or characteristics for at least two years after delivery to the buyer.
For users acting as European consumers, goods available through getsummerrain.co.uk are subject to statutory warranty law in accordance with the laws of their country of habitual residence.
The national laws of these countries may grant users more extensive rights.
For users who are not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.
To the fullest extent permitted by applicable law, User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any claim or demand, including but not limited to attorneys' fees and costs, made by any third party, asserted on the basis of or in connection with any criminal use of or connection to the Service, violation of these TOS, infringement of any third party rights or violation of any law by the User or its affiliates, officers, directors, agents, co-branders, partners and employees.
Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity as well as damages due to the breach of an essential contractual obligation, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damages due to intent or gross negligence, provided that getsummerrain.de was used properly and correctly by the user.
Unless damage is caused intentionally or by gross negligence or affects life, health or physical integrity, the provider is liable only to the extent of the typical and foreseeable damage at the time of conclusion of the contract.
Failure by the Provider to enforce any right under these T&Cs or to enforce any provision under these T&Cs shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
To ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.
To the extent permitted by law, the provider may also decide to suspend or terminate the service entirely. In the event of termination of the service, the provider will cooperate with users to enable them to delete personal data or information in accordance with the applicable law.
In addition, the service may be unavailable for reasons beyond the control of the provider, such as "force majeure" (e.g. industrial action, infrastructure failure or power cuts, etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit getsummerrain.co.uk and the Service in any way without the express prior written permission of Provider, granted either directly or through a lawful reseller program.
To learn more about the use of their personal data, users can consult the service's privacy policy (getsummerrain.co.uk).
Without prejudice to any more specific provisions of these TOS, all intellectual property rights, such as copyright, trademark rights, patent rights and design rights relating to the Service (getsummerrain.co.uk) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
All trademarks, name marks or figurative marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (getsummerrain.co.uk) are and shall remain the exclusive property of the Provider or its licensors and are protected by applicable laws or international treaties relating to intellectual property.
The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes.
Such changes only affect the relationship with the user for the future.
By continuing to use the service, the user accepts the amended GTC. If users do not wish to be bound by the changes, they must stop using the service. If the revised terms are not accepted, either party may terminate the contract.
For the relationship prior to the acceptance of the changes by the user, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.
If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.
The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User.
The provisions on amendments to the GTC apply accordingly.
Users may not assign or transfer their rights or obligations under the TOS in any way without the written consent of the Provider.
All communications relating to the use of the Service (getsummerrain.co.uk) must be sent to the contact details provided in this document.
If any provision of these T&Cs is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision shall be construed and amended to be valid, enforceable and consistent with the original intent. These TOS constitute the entire agreement between Users and the Provider relating to the subject matter hereof and shall prevail over any other communications between the parties relating to the same subject matter, including any prior agreements.
These GTC shall be enforced to the extent permitted by law.
If any provision of these T&Cs is or is deemed to be invalid, or invalid or deemed to be invalid, the parties shall use their best efforts to reach an agreement on valid and enforceable provisions in an amicable manner to replace the invalid, void or unenforceable parts.
Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable statutory provisions, to the extent permitted or provided for under the applicable law.
Notwithstanding the foregoing, the invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire agreement unless the provision is material to the contract or is of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.
These TOS shall be governed by the laws of the place where the Provider has its registered office, excluding conflict of law provisions. Users can find the indication of the registered office in the relevant section of this document.
Notwithstanding the above, users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.
The courts of the place where the Provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC.
This does not apply to users who act as European consumers or to users who act as consumers and have their (residence) in Switzerland, Norway or Iceland.
Users can address any disputes to the provider, who will try to settle them amicably.
The user's right to take legal action always remains unaffected. However, in the event of any dispute regarding the use of the service (getsummerrain.de) or the service, the user is requested to contact the provider using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if applicable, details of the related order, purchase or account, to the Provider's email address provided in this document.
The provider will process the request without delay within 21 days of receipt.
The European Commission has set up an online Alternative Dispute Resolution platform, which is an out-of-court method for resolving all disputes related to and arising from online sales and service contracts.
As a result, any European consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.
