Terms and Conditions with customer information
table of contents
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of action vouchers
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter "Terms and Conditions") of Michael Blauertzik, trade under "Plan Blue eK (www.bugoo.de)" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur ( Below "customer") with the seller with regard to the goods presented by the seller in his online shop closes. This contradicts the inclusion of own terms of the customer, unless there is something else agreed.
1.2Consumers within the meaning of these Terms and Conditions are any natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2The customer can deliver the offer over the online order form integrated into the seller's online shop. The customer gives the customer after the selected goods in the virtual shopping cart and has passed through the electronic order process, by clicking on the ordering process of the order process buttons a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3The seller can accept the customer's offer within five days,
- by transmitting the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation at the customer is decisive, or
- by providing the ordered goods to the customer, whereby the receipt of the goods at the customer is significant, or
- by prompting the customer for payment to the customer upon delivery.
If several of the aforementioned alternatives are present, the contract comes about at the time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins to run through the customer on the day after sending the offer by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within a preconused period, this is the rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.5When selecting the payment method "Amazon Payments", the payment method is made via the payment service provider Amazon Payments Europe SCA, 38 Avenue John F. Kennedy, L-1855 Luxembourg ('the "Amazon"), on the validity of the Amazon Payments Europe User Agreement, visible under https : //payments.amazon.de/help/201751590. If the customer selects as payment method as part of the online ordering process "Amazon Payments", he issues by clicking on the order process of the ordering buttons at the same time also a payment order to Amazon. For this case, the seller is already declaring the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking on the packages concluding the ordering process.
2.6When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer after dispatch of its order in writing (eg e-mail, fax or letter). An extra accessibility of the contract text by the seller is not.
2.7Before binding delivery of the order via the seller's online order form, the customer can recognize possible input errors by attentive reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display is enlarged on the screen. His entries can correct the customer as long as the usual keyboard and mouse functions as long as the customer can be corrected until it clicks the order process.
2.8For the conclusion of the contract, the German and the English language are available.
2.9The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him is applicable to the order processing, so that the e-mail sent by the seller can be received. In particular, in the use of spam filters, the customer must ensure that all third parties sent by the seller or by the order processing can be sent by e-mail.
3) Right of withdrawal
3.1Consumers are basically a right of withdrawal.
3.2Further information on the right of withdrawal arise from the revocation of the seller.
4) Prices and terms of payment
4.1Unless otherwise stated from the product description of the seller, the prices specified are total prices included in the statutory VAT. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2For deliveries to countries outside the European Union, further costs incurred in individual cases, which the seller is not responsible and to bear by the customer. These include, for example, costs for the cash dispatch by credit institutions (e.g., transfer fees, exchange rate charges) or import taxes or taxes (e.g., tariffs). Such costs can be incurred in terms of money delivery even if the delivery does not take place in a country outside the European Union, the customer makes the payment but from a country outside the European Union.
4.3The payment option / en will / will be communicated to the customer in the seller's online shop.
4.4If advance payment is agreed by bank transfer, the payment is due immediately after the conclusion of the contract, provided that the parties have not agreed no later date.
4.5When selecting the payment method "Instant", the payment processing takes place via the payment service provider immediately GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to pay the invoice amount via "immediately", the customer must have a online banking account for participation in "immediately", legitimize in accordance with the payment transaction and confirm the payment assignment to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. Further information on the payment method "Instant" can retrieve the customer on the Internet at https://www.klarna.com/sofort/.
4.6When selecting a payment methods offered via the payment service "Shopify Payments", the payment method is made via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The payment methods offered via shopify payments are communicated to the customer in the seller's online shop. For the settlement of payments, stripe can serve further payment services, for which, if necessary, special terms of payment apply, to which the customer will possibly be pointed out separately. Further information about "Shopify Payments" are available on the Internet at https://www.shopify.com/legal/terms-payment-de.
5) Delivery and shipping conditions
5.1The delivery of goods takes place on the shipping point to the delivery address specified by the customer, unless otherwise agreed. When handling the transaction, the delivery address specified in order processing of the seller is decisive.
5.2If the delivery of the goods fails for reasons that the customer has to represent, the customer bears the reasonable cost of the seller. This does not apply with regard to the costs of the inclusion if the customer effectively exercises his right of withdrawal. For the return costs, with the effective exercise of the right of withdrawal by the customer, the regulation made in the cancellation policy of the seller applies.
5.3Pickup is not possible for logistical reasons.
6) Retention of title
If the seller enters in advance, he reserves the ownership of the delivered goods until full payment of the purchased purchase price.
7) Liability for defects (warranty)
7.1If the purchased thing is deficient, the rules of legal defects apply.
7.2If the customer acts as a consumer, he is asked to complain for delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with that, this has no impact on his statutory or contractual claims for defects.
8) Redemption of action vouchers
8.1Coupons issued free of charge by the seller within the framework of promotions with a certain period of validity and which can not be purchased by the customer (subsequently "action vouchers"), can only be redeemed in the seller's online shop and only in the specified period.
8.2Individual products may be excluded from the voucher action, provided that a corresponding limitation results from the content of the action voucher.
8.3Action vouchers can only be redeemed before the end of the ordering process. A subsequent offsetting is not possible.
8.4Only one action voucher can be redeemed per order.
8.5The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be reimbursed by the seller.
8.6If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference amount.
8.7The credit balance of a promotional voucher is not paid in cash or interest.
8.8The promotion voucher will not be reimbursed if the customer returns the goods paid in all or partially paid goods within the framework of his statutory right of withdrawal.
8.9The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged to examine the material eligibility of the respective coupon owner.
9) Applicable law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of moving goods. For consumers, this choice of law is only in this respect, as not the protection provided by compelling provisions of the law of the state in which the consumer has its habitual residence, is deprived.
10) Alternative dispute resolution
10.1The 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 extrajudicial settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2The seller is neither obliged to participate in a dispute resolution procedure before a consumer estimate body.