Online terms and conditions of sale and delivery of Bullerjan GmbH
§ 1 Validity
(1) These General Terms and Conditions (hereinafter GTC) apply to all contracts concluded via our online store between us, the
Neuwarmbüchener Straße 2
30916 Isernhagen, Germany
Gesch. ftsführer: Kevin Senff, Julius Ratjen
HRB: 209054, Amtsgericht Hannover
Telephone: +49 (0) 5136 - 97 75-0
Telefax: +49 (0) 5136 - 97 75-10
and the customer, regardless of whether he is a consumer, entrepreneur or merchant.
(2) Our deliveries, services and offers through our online store are made exclusively on the basis of these online terms of sale and delivery.
(3) Terms and conditions of the customer shall not apply, even if we do not separately object to their validity in individual cases.
(4) The version of the GTC valid at the time of conclusion of the contract shall prevail.
§ 2 Offer and Conclusion of Contract
(1) Offers and price quotations contained in brochures, advertisements and other advertising material are non-binding and do not constitute a legally binding offer.
(2) The customer places a legally binding order by sending an order via the online store by clicking the button "Buy now".
(3) The customer is bound to an order signed by him and not yet accepted by us for 14 calendar days after sending. We are entitled to accept the offer within this period. The time at which our acceptance is received by the Customer shall be decisive for compliance with the deadline. The possibly existing right from §3 to revoke the order remains unaffected.
(4) A purchase contract is only concluded by express declaration of acceptance or the shipment of the goods.
§ 3 Right of revocation
For the rest, the regulations apply to the right of withdrawal, which are reproduced in detail in the following cancellation policy.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Bullerjan GmbH, Neuwarmbüchener Straße 2, 30916 Isernhagen, Germany, phone: +49 (0) 5136 - 97 75-0, fax: +49 (0) 5136 - 97 75-10, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample withdrawal form
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Ordered on ...................................................
Received ... ...............................
Name of the consumer(s)
Address of the consumer(s)
Signature (only in case of notification on paper)
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back. After delivery of the vehicle, you must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
§ 4 Prices and Terms of Payment
(1) Our prices include the statutory sales tax. Unless otherwise agreed, the prices apply to delivery from our warehouse, including packaging. Shipping costs will be invoiced separately. A list of shipping costs - gross - we have provided as a pdf document.
(2) The customer has the option to choose from the payment methods bank transfer in advance, PayPal Plus (credit card or direct debit), PayPal, direct debit or credit card.
(3) The customer is entitled to set-off or retention rights only insofar as his claim is legally established or undisputed. Excluded from this are counter rights of the customer from warranty.
§ 5 Delivery and Delivery Time
(1) Unless a delivery date or a delivery period is communicated bindingly in writing, our deliveries and services shall be made within a period of two weeks. The period shall commence upon conclusion of the contract, but not before the Customer has communicated all information required for performance of the contract.
(2) If we fail to comply with a delivery date or a delivery period, the Customer shall grant us a reasonable grace period, which shall not be less than two weeks.
§ 6 Warranty and Liability
(1) Our liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.
(2) In the case of a purchase contract, we and our vicarious agents shall not be liable for obvious material defects of the delivered goods if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.
(3) The above limitations of liability shall not apply to liability for grossly negligent or intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 7 Retention of Title
(1) We retain title to the delivered goods until full payment of the purchase price for these goods (hereinafter: "Retained Goods"). During the existence of the reservation of title, the Customer may not sell reserved goods without our consent or otherwise dispose of the ownership thereof.
(2) In the event of access by third parties (in particular by bailiffs) to the reserved goods, the Customer shall point out our ownership and notify us immediately so that we can enforce our ownership rights.
(3) If the goods subject to retention of title are inseparably combined or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other combined or mixed items at the time of combination or mixing. If the goods subject to retention of title are combined or mixed in such a way that the customer's item is to be regarded as the main item, the customer and we agree already now that the customer transfers co-ownership of this item to us on a pro rata basis. We accept this transfer already now.
(4) In the event of breach of contract by the Customer, in particular in the event of default in payment, we shall be entitled to demand the return of the reserved goods, provided that we have withdrawn from the contract.
§ 8 Choice of Law
(1) The law of the Federal Republic of Germany shall apply to these Online Terms and Conditions of Sale and Delivery as well as the contractual relationship between us as a German company and the Customer, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a consumer domiciled outside the Federal Republic of Germany, the law of the country in which he is domiciled may also apply if necessary, if it is a matter of mandatory provisions and / or this is more advantageous for the customer.
§ 9 Jurisdiction
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Isernhagen. This shall also apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany.
(2) In all cases, we shall be entitled to bring an action at the place of performance or at the customer's general place of jurisdiction.
(3) Overriding statutory provisions, in particular on exclusive jurisdiction, shall remain unaffected.
(4) The customer shall be entitled to bring an action at the place of performance or at the customer's general place of jurisdiction.