GENERAL TERMS AND CONDITIONS
table of contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Redeeming promotion vouchers
- Applicable law
- place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 Diese General Terms and Conditions (hereinafter referred to as "GTC") of Blaufaktor GmbH & Co. KG (hereinafter "Seller"), shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Verbraucher in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 Die in the online shop of the seller contained product descriptions do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 Der The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, e-mail or online contact form.
2.3 Der Seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 Bei If the payment method "Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590 If the customer selects "Amazon Payments" as the payment method as part of the online ordering process, he shall also issue a payment order to Amazon by clicking on the button completing the ordering process. In this case the seller declares already now the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button completing the order process.
2.6 Bei of the submission of an offer over the on-line order form of the salesman the contract text is stored after the contract conclusion by the salesman and is conveyed to the customer after dispatch of its order in text form (e.g. E-Mail, fax or letter). The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7 Vor binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.8 Für the conclusion of the contract the German and the English language are available.
2.9 Die Order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Verbrauchern is basically entitled to a right of revocation.
3.2 Nähere Information on the right of revocation results from the revocation instruction of the seller.
3.3 Das The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Sofern does not result from the product description of the salesman anything else, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Die Payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 Ist Payment in advance by bank transfer agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 Bei Selection of the payment method "IMMEDIATELY" the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.6 Bei Selection of a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the online shop of the Seller. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer will be informed separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 Bei If you select a payment method offered through the payment service "Klarna", the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). For further information and Klarna's terms and conditions, please refer to the Seller's payment information, which is available at the following Internet address
5) Delivery and shipping conditions
5.1 Die Unless otherwise agreed, the delivery of goods shall be effected by dispatch to the delivery address specified by the customer. The delivery address stated in the order processing of the seller is decisive for the transaction.
5.2 Scheitert the delivery of the commodity for reasons, which the customer has to represent, the customer carries the reasonable costs developing thereby for the salesman. This does not apply with regard to the costs of the consignment if the customer exercises his right of revocation effectively. In the event that the customer exercises his right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.
5.3 Selbstabholung is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Ist the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 Abweichend of this applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. The shortening of the liability period to one year does not apply, however.
- for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
- for claims for damages and reimbursement of expenses on the part of the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3 Der The customer is requested to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Redeeming promotion vouchers
8.1 Gutscheine, which are issued free of charge by the seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the customer (hereinafter referred to as "promotion vouchers"), can only be redeemed in the online shop of the seller and only within the specified period.
8.2 Einzelne Products can be excluded from the voucher action, provided that a corresponding restriction results from the contents of the action coupon.
8.3 Aktionsgutscheine can only be redeemed before completion of the order process. Subsequent settlement is not possible.
8.4 Pro Only one promotional voucher can be redeemed at a time.
8.5 Der Value of goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 Reicht if the value of the promotional voucher does not cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 Das The credit balance of a promotional voucher is neither paid out in cash nor bears interest.
8.8 Der Promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of withdrawal.
8.9 Der Promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotion voucher in the online shop of the seller. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
9) Applicable law
9.1 Für All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Ferner this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
11) Alternative dispute resolution
11.1 Die The 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 Der The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.