TERMS OF SERVICE
1. Scope and provider
(1) These general terms and conditions apply to all orders that you place in the online shop:
Managing director: Marvin Wenzel
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) The contract language is exclusively German.
(4) You can call up and print out the currently valid general terms and conditions on our website.
2. Conclusion of the contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the “Buy now” button, you are submitting a binding purchase offer (Section 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you - without a prior express declaration of acceptance.
The stated prices are final prices plus shipping costs. According to § 19 UStG we do not collect sales tax and therefore do not show this (small business status). The details of the shipping costs can be found here: XXXX.
4. Payment terms; Default
(1) We generally accept the following payment methods:
by direct debit,
via credit card,
(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.
(3) If you choose the payment method prepayment invoice, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the goods.
(4) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account is actually charged at the time we send the goods to you.
(5) If you pay by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. A reminder fee of EUR 2.50 will be charged for each reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
5. Offsetting and right of retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6. Delivery; Retention of title
(1) Orders can be placed anywhere in the world. A delivery is only made in normal household quantities.
(2) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(3) The goods remain our property until the purchase price has been paid in full.
(4) The delivery is carried out by one of the following service providers: DHL, GPS, Hermes or XXXX.
7. Cancellation policy
(1) You have a right of withdrawal in accordance with the following provisions:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (BOCK-shop, Oderstraße 13, firstname.lastname@example.org) of your decision by means of a clear declaration (e.g. a letter sent by post or email) to revoke this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we have to reimburse you for all payments we have received from you, except for the shipping costs, immediately and at the latest within fourteen days from the day on which we received 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 something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. The function and properties of the goods are to be checked as in a shop.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable.
End of revocation
(2) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with Your photo and your name) or in the case of delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
8. Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB).
(2) The limitation period for warranty claims for used items is one year, contrary to the statutory provisions. This limitation does not apply to claims due to damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner can regularly rely (cardinal obligation). as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
11. Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the involvement of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/. We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
12. Final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) You agree that we can only communicate with you by email. This applies in particular to invoices and credit notes.
(3) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").