Terms and Conditions / Right of withdrawal

General terms and conditions

 

for the web shop www.bwarna.com

B·WARNA

Sabrina Pichl and Peter Wolfgruber GbR

Owner:

Sabrina Pichl

Peter Wolfgruber

As of May 2020

 

1. Scope

2. Contract language

3. Applicable law, place of jurisdiction and place of performance

4. Online dispute resolution platform

5. Conclusion of contract

6. Prices, shipping costs, due dates and delays

7. Delivery

8. Duty to provide information

9. Cancellation policy

10. Retention of title

11. Warranty

12. Manufacturer's guarantee

13. Liability

14. Safety and usage instructions

15. Force Majeure

16. Severability clause

 

1. Scope

These general terms and conditions (hereinafter referred to briefly as "GTC") of the civil law company B·WARNA Sabrina Pichl and Peter Wolfgruber GbR Owner: Sabrina Pichl and Peter Wolfgruber, (hereinafter referred to as B·WARNA) at the time The version of the order valid applies to all contractual agreements concluded between B·WARNA and commercial or private customers (consumers) in the web shop www.bwarna.com.

By placing an order, the customer agrees to these terms and conditions. These terms and conditions apply to all future business, even without another express agreement.

Changes and additions to the general terms and conditions as well as verbal agreements that deviate from the content of these general terms and conditions will only be effective with written confirmation from B·WARNA. B·WARNA expressly contradicts any general business or purchasing conditions of the customer. General terms and conditions presented by the customer and deviating from these terms and conditions are not valid unless their validity has been expressly approved in writing.

The terms and conditions are available for print at www.bwarna.com from B·WARNA.

 

2. Contract language

The contract language is German. All other information and handling are offered in German.

 

3. Applicable law, place of jurisdiction and place of performance

These General Terms and Conditions and the contracts to be concluded with reference to these General Terms and Conditions are subject to German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law), unless mandatory provisions of the law in the country in which the customer - the consumer is - his stay has priority. If the legal transaction is not concluded with a consumer, the parties agree on the exclusive jurisdiction of the competent court in Traunstein. The legal place of jurisdiction applies to consumers.

 

4. Online dispute resolution platform

The EU Commission offers the option of online dispute resolution on an online dispute resolution platform operated by them. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr.

 

5. Conclusion of contract

All offers from B·WARNA are invitations to the customer to make an offer. The offers from B·WARNA are subject to change. An order can only be placed if the customer data is given in full.

The customer's order represents a binding offer by the customer to conclude a contract. The receipt of the order is confirmed after the order has been sent by an automated email (order confirmation), which does not yet constitute acceptance of the contract. The contract only becomes legally effective when B·WARNA confirms the order or when the customer actually performs the service.

 

6. Prices, shipping costs, due dates and delays

The product prices stated by B·WARNA at the end of the ordering process are final prices for customers who are to be regarded as consumers.

The seller is a small business owner within the meaning of section 19 (1) UStG and therefore does not report sales tax.

If additional shipping costs are incurred, this can be found in the product description or the shopping cart.

Any packaging, transport, loading and shipping costs are not included in these prices unless otherwise stated.

Unless a cash discount has been expressly agreed, the customer is not entitled to a cash discount deduction. The purchase price is due immediately with the order by the customer, unless otherwise agreed.

B·WARNA accepts the following payment options:

• Credit card (Mastercard, VISA)

The debit takes place immediately after ordering. The fees incurred are to be borne by the customer and the payment is processed by the payment service provider ______.

 

• Paypal

When paying by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

When paying via "PayPal direct debit", the debt is collected by PayPal after issuing a SEPA direct debit mandate and after the deadline for prior information on behalf of the seller from the customer's bank account. Preliminary information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit without being authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this . The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.

 

• Payment in advance

When paying in advance, the customer receives all necessary data in the confirmation of receipt such as account holder, bank sort code, account number and purpose.

In the case of prepayment, the amount stated in the confirmation email must be received in the specified account within seven working days, otherwise the order will be canceled after the eighth working day.

 

Please specify the order number from the confirmation email as the intended purpose. 

 

7. Delivery

B·WARNA carries out the order without unnecessary delay. The ordered goods are dispatched - if they are in stock - within 5 working days; Further details on delivery dates can be seen in the course of the ordering process for the respective goods.

 

If the goods are not in stock, B·WARNA will notify the customer of the expected delivery date by email. However, dates and delivery dates are non-binding and only serve as a guideline unless they have been expressly declared as binding in writing. The delivery address provided by the customer is decisive for the delivery, unless otherwise agreed. B·WARNA reserves the right to send multi-piece orders either separately or collectively at its discretion, especially if the ordered quantities are not available all at once. B·WARNA delivers to addresses in Germany, Austria and Switzerland. Further addresses on request.

 

8. Duty to provide information

The customer must truthfully inform B·WARNA of all information and facts necessary for the provision of the service. Changed circumstances, in particular changes to the customer's data (name, address, email) should be brought to B·WARNA's attention immediately.

 

9. Cancellation policy

Customers who are to be regarded as consumers can withdraw from a distance selling contract or a contract concluded outside of business premises within 14 days without giving any reason. The instructions on the requirements and consequences of the cancellation are given in the cancellation policy below:

 

Right of withdrawal

You have the right to cancel 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, have taken possession of the goods or on which you or a third party named by you, who is not the carrier is in possession of the last goods, the partial consignment or the last piece. To exercise your right of withdrawal, you must contact us

 

B·WARNA

Sabrina Pichl and Peter Wolfgruber GbR

Hörburgerstrasse 12

83355 Grabenstaett

Owner: Sabrina Pichl and Peter Wolfgruber

Tel: +49171/6889515

Email: info@bwarna.com

 

inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail).

 

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

 

We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (B·WARNA, Hörburgerstraße 12, 83355 Grabenstätt) without delay and in any event within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off 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 that is not necessary for checking the nature, properties and functionality of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply in particular when ordering the following goods:

• Goods which, after delivery, were inseparably mixed with other goods due to their nature;

• Goods that are made to customer specifications or clearly tailored to personal needs;

• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygienic reasons, provided that the seal was removed after delivery;

 

10. Retention of title

The delivered goods remain the property of B·WARNA until all claims from the contract including interest, discounts withheld by the customer without authorization or deductions not recognized by B·WARNA, costs incurred and the like, for whatever legal reason, have been paid.

 

As long as there is a retention of title and not all claims have been paid in full, the customer undertakes to treat the goods with care and to comply with the normal duty of care. Pledges or transfers by way of security before complete payment are excluded. If the goods are seized or seized or otherwise accessed by third parties, the customer must point out the property of B·WARNA, inform them immediately and send all information and documents required to enforce the right of ownership to B·WARNA to transfer.

 

11. Warranty

As far as the customer is a consumer, the general statutory provisions of warranty law apply. The warranty is to be understood as the statutory liability of B·WARNA for defects that the purchased goods have at the time of delivery to the customer. Defects that only appear at a later point in time are not covered by the warranty. Warranty claims must be made within a period of two years from delivery, whereby within the first six months from delivery B·WARNA has to prove that the defect did not exist at the time of delivery. B·WARNA is entitled to improve or exchange the warranty. Only if the improvement or exchange is impossible or would be disproportionately expensive for B·WARNA or if B·WARNA is unable to meet the request for replacement or improvement or cannot meet it within a reasonable period of time, the customer is entitled to reduce the price or change (complete Cancellation of the contract).

 

If the customer is not a consumer, the customer must check the goods for completeness and compliance of the order immediately upon receipt. Obvious defects are to be reported immediately upon receipt, in the case of a proper inspection recognizable defects within 8 days after receipt, other defects within one week after their discovery in writing and a detailed description of the defect. If the complaint is omitted, acceptance is deemed to have been made and any warranty is excluded. In the event of a proper complaint, the provisions of the warranty law apply. A warranty period of one year is agreed between customers who are not consumers and B·WARNA.

 

12. Manufacturer's guarantee

If a manufacturer has made a voluntary promise that the goods will function properly for a certain period of time (manufacturer's guarantee), the manufacturer's guarantees apply. The conditions and restrictions of the respective manufacturer's guarantees can be found in the respective guarantee conditions.

 

13. Liability

As far as the customer is a consumer, the general legal liability provisions apply. Liability for slight negligence in the event of property damage is excluded. Claims for damages become statute-barred within 3 years from the knowledge of the damage and the damaging party.

 

Insofar as the customer is not a consumer, B·WARNA is not liable for a certain success and in any case only for grossly negligent breaches of duty and up to the normal value of the goods ordered by the customer. Liability for slight negligence is excluded. In addition, B·WARNA is only liable for typical and foreseeable damage, ie for damage that could reasonably be expected to occur when the contract was concluded in accordance with the circumstances known at the time. Claims from (defect) consequential damage as well as from damages for which the customer can receive insurance protection or which are controllable by the customer, from other indirect damage and loss or lost profit as well as general financial loss, in particular from defective, omitted or delayed service provision, are expressly excluded . The claims for damages due to the customer, who is not a consumer, in accordance with the above provisions, become time-barred within six months of becoming aware of the damage and the damaging party; compensation according to the Product Liability Act is based on the statutory statute of limitations. Liability for recourse within the meaning of Section 12 of the PHG is excluded unless the person entitled to recourse proves that the error in the sphere of B·WARNA was caused and was at least grossly negligent.

 

14. Safety and usage instructions

The goods delivered by B·WARNA are to be handled and operated in accordance with the operating instructions; Any handling or operation of the delivered goods contrary to the operating instructions is the sole responsibility of the customer.

 

15. Force Majeure

If the customer is not a consumer, Force Majeure or other unforeseen obstacles in the sphere of B·WARNA release them from compliance with the agreed obligations. Force majeurs also include operational and traffic disruptions, improper provision of services by subcontractors, transport interruptions or production shutdowns; B·WARNA is released from the obligation to provide services for the duration of the above-mentioned disability without the customer having any claims for price reduction or other compensation.

 

16. Severability clause

Insofar as the customer is not a consumer, the nullity of one provision of these terms and conditions maintains all other provisions. The void provision is to be replaced by an economic equivalent or similar but permissible provision.

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