General Terms and Conditions (GTC)

1. General and Scope

The following General Terms and Conditions apply to all contracts concluded between das boep GmbH, Barbarossaring 27, 55118 Mainz - hereinafter referred to as "Seller" - and the buyer for the delivery of goods by means of distance selling at www.dasboep.de. The Seller does not recognize conflicting or deviating terms and conditions of the buyer and hereby expressly objects to them. Deviating general terms and conditions of the buyer, supplementary agreements and/or ancillary agreements are only valid if the Seller expressly agrees to them. In these GTC, different regulations are made for consumers and entrepreneurs in some cases.

Consumer according to § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

Entrepreneur according to § 14 BGB is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A legal partnership is a partnership that has the ability to acquire rights and incur liabilities.

2.1. Prospects and customers can view the offers of das boep GmbH in the company's online shop at www.dasboep.de. They can use a product guide that leads them to their desired product group.

2.2. Consumers can also sign up for a newsletter on the website www.dasboep.de, which the company sends regularly. Unsubscribing from this newsletter is done by clicking the "Unsubscribe" button, which can be found at the end of each newsletter. Unsubscribing results in the name of the prospect, customer or consumer being deleted from the corresponding mailing list.

2.3. Furthermore, das boep GmbH offers information to prospects, customers and thus consumers via the messenger service "WhatsApp". This may involve an initial contact by das boep or a response to an inquiry from prospects or customers. The use of this communication channel can be terminated at any time by sending a corresponding message to das boep.

2.4. Orders are processed exclusively via the order system stored in the online shop of das boep GmbH and neither via newsletter nor via WhatsApp.

2.5. In all other respects, the current data protection guidelines apply.

3. Offer and Conclusion of Contract

3.1. The Seller's offers at www.dasboep.de are non-binding catalog offers. The buyer can place one or more items in the virtual shopping cart. From there, by clicking the "checkout" button, they enter the checkout process. After entering the personal data required for the order and the other information necessary for order processing, the buyer submits a binding offer to purchase the respective goods by clicking the "order with obligation to pay" field as the last step of the ordering process. The buyer has the opportunity to review their entries before finally clicking the "order with obligation to pay" field and, if necessary, change them. To do this, they can click "edit" next to the respective information to go to the corresponding page of the order process and change the respective information there.

3.2. Once the buyer has completed the ordering process, the Seller will immediately confirm receipt of the order by e-mail. This confirmation of receipt does not yet constitute a binding acceptance of the order. The purchase contract is concluded with the order confirmation or delivery of the goods by the Seller. The order confirmation will be sent to the buyer by e-mail. If the buyer does not receive an order confirmation or delivery within 7 days, they are no longer bound by their order.

3.3 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). MeinEinkauf AG also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth shipping, MeinEinkauf GmbH in DE-Konstanz (DE285677365) is integrated into the trade chain. This does not incur any additional costs for the buyer.

4. Prices

4.1. The prices stated by the Seller are inclusive of the applicable statutory value-added tax for consumers.

4.2. When shipping goods, the indicated shipping costs also apply. These can be found with the respective offer and under the section "Order and Shipping".

5. Delivery

5.1. The delivery time can be found in the respective product information. Please also note the information in section 9g of these GTC and under "Order and Shipping".

5.2. The Seller is entitled to partial deliveries if this is reasonable for the buyer. In the case of consumers, this also only applies if their interest in the entire contract has not ceased due to the partial delay or partial delivery. The burden of proof for this, as well as for reasonableness, lies with the Seller in case of dispute. For partial deliveries, additional shipping costs only apply if this has been expressly agreed upon. A partial delivery within the meaning of these terms and conditions is always only the delivery of an order in several partial shipments/items. The Seller is not entitled to other partial services without prior express agreement with the buyer.

5.3. If the buyer is a consumer, the Seller bears the shipping risk in any case, regardless of the shipping method, unless the buyer has commissioned the forwarder, carrier or other person or institution designated for the execution of the shipment, without the Seller having previously named this person or institution to them.

5.4. If the buyer is an entrepreneur, all risks and dangers of shipment pass to the buyer as soon as the goods have been handed over by the Seller to the commissioned logistics partner.

5.5. If the delivery is returned to the seller by the delivering company, for example, because the address was incorrect or the delivery was not picked up at the parcel shop or packing station, the seller will inform the consumer via the email address stored in the order to coordinate the further procedure. If no response is received by the seller within one month after sending the email, the products included in the delivery will revert to the ownership of the seller. If, after consultation with the consumer according to sentence 1, a second delivery attempt is made that fails again according to sentence 1, the waiting period according to sentence 2 is reduced to one week. A further delivery attempt is expressly excluded.

6. Terms of Payment

6.1. The buyer has various payment methods available.

6.2. Any costs arising from a particular payment method can be found in the overview "Order and Shipping".

6.3. For the offered payment methods advance payment, PayPal and credit card, payment is due immediately upon conclusion of the contract. When paying by credit card, the buyer's credit card account is debited upon completion of the order.

6.4. In the event of the buyer's default in payment, the statutory regulations on default shall apply. The interest rate for a consumer is 5 percentage points above the base interest rate per annum according to § 288 BGB and for an entrepreneur 9 percentage points above the base interest rate per annum.
6.5. The buyer is only entitled to set-off rights, unless they are counterclaims arising from the same contractual relationship, if their counterclaims have been legally established, are undisputed or have been acknowledged by the Seller.

6.6. If the buyer is an entrepreneur, they are not entitled to rights of retention, unless they are counterclaims arising from the same contractual relationship, if their asserted counterclaims are disputed by the Seller, have not been legally established or are not ready for decision.

6.7. After the goods have been shipped, the buyer will receive a shipping confirmation. They can request an invoice with the billing address provided at the time of order by email at support@dasboep.de, which will then be sent to them in .pdf format by email. It is the buyer's responsibility to check all provided data for accuracy and completeness before sending the order form. A claim for subsequent correction of the invoice only exists if the invoice data does not match the data in the completed order form. Any further subsequent change of the invoice recipient, for example from a private to a business buyer or vice versa, will not be made.

7. Warranty / Liability

7.1. With regard to liability for material defects (warranty), the statutory provisions apply. The buyer is entitled to a statutory right of liability for material defects.

7.2. For contracts with entrepreneurs or legal entities under public law, the following applies:
a. The buyer's claims for material defects become time-barred 12 months after the transfer of risk.
b. Obvious defects must be reported within a period of 14 days, otherwise they will be deemed approved. Shortages must be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the buyer, deviating from clause b., must comply with the obligations of § 377 HGB, i.e., examine the goods immediately after delivery by the seller, as far as this is feasible in the ordinary course of business, and if a defect or a shortage is found, notify the seller immediately. If no or late, i.e., not immediate, notification is made, the goods are considered approved. Hidden defects must be reported immediately after their discovery, otherwise they are also considered approved if no or late notification is made.
d. In the event of a defect in the purchased item, the seller is entitled, at his discretion, to subsequent performance in the form of rectification or delivery of a defect-free item. The buyer must grant the seller a reasonable period, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The seller shall bear the expenses necessary for subsequent performance, in particular transport, travel, labor and material costs. In the event of subsequent performance, the seller shall bear the necessary expenses only up to the amount of the purchase price.
e. If the rectification fails within the meaning of § 440 BGB, the buyer can demand rescission or reduction at his discretion.
g. Further claims of the buyer, in particular due to consequential damages, are generally excluded. This does not affect unlimited liability for damages resulting from injury to life, body or health, as well as other damages based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. Unlimited liability also applies to the breach of essential contractual obligations, i.e. contractual obligations on whose fulfillment the buyer trusts and may trust. In all other respects, liability is limited to the damage typically arising in commercial transactions underlying these GTC.
h. Liability under the Product Liability Act remains unaffected.
i. The statutory limitation period in the context of a supplier's recourse claim according to §§ 478, 479 BGB remains unaffected.

8. Retention of Title

8.1. The delivered goods remain the property of the Seller until full payment of the purchase price.

8.2. For buyers who are entrepreneurs, the following applies:
a. The Seller retains ownership of the goods (reserved goods) until all payments from the business relationship with the buyer have been received.
b. If the buyer fails to meet their payment obligation despite a reminder with a deadline, the Seller can demand the return of the reserved goods still in their possession without further prior notice. The transport costs incurred in this case shall be borne by the buyer. The return of the reserved goods by the Seller always constitutes a withdrawal from the contract. The Seller is entitled to dispose of the reserved goods after their return. The proceeds from the disposal shall be credited against the buyer's liabilities - minus reasonable disposal costs.
c. The buyer must immediately inform the Seller in writing of all third-party access, in particular of compulsory enforcement measures and other impairments of their property. The buyer must compensate the Seller for all damages and costs incurred by a violation of this obligation and by necessary intervention measures against third-party access, in particular a lawsuit according to § 771 ZPO.

8.3. The buyer is entitled to resell the reserved goods in the normal course of business. However, the buyer hereby assigns to the Seller the claims in the amount of the final invoice amount agreed with him (incl. VAT) which arise from the resale of the reserved goods to his customers or other third parties; this assignment applies regardless of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after the assignment. The Seller's authority to collect the claim themselves remains unaffected by this. However, the Seller will not exercise this authority as long as the buyer fulfills their payment obligations. As soon as the customer is in default of payment or has filed for insolvency proceedings or there is a cessation of payments, the Seller can demand that all assigned claims and their debtors be disclosed to them, the debtors be informed of the assignment by the customer, and the buyer hands over all documents and information necessary for collection and enforcement.

8.4. The processing or transformation of the purchased item by the buyer is always carried out for the Seller. If the purchased item is processed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For the item resulting from processing, the same applies as for the purchased item delivered under retention of title.

8.5. If the purchased item is inseparably mixed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportionate co-ownership to the Seller. The buyer shall keep the sole ownership or co-ownership thus created for the Seller.

8.6. The buyer also assigns to the Seller the claims for securing the Seller's claims against the customer that arise from the connection of the purchased item with a piece of land against a third party.

8.7. The Seller undertakes to release the securities due to him at the buyer's request insofar as the realizable value of his securities exceeds the claims to be secured by more than 10%; the choice of the securities to be released is incumbent on the Seller.

10. Information for consumers in distance contracts and customer information in contracts in electronic commerce

a) We are not subject to any special codes of conduct.

b) You can check any transmission or input errors by rereading the data entered before concluding your order and, if necessary, change or delete them by clicking on "Edit".

c) The buyer can find the essential characteristics of the goods offered by the seller and the period of validity of limited offers in the individual product descriptions on the website.

d) The language available for concluding the contract is exclusively German.

e) Complaints and warranty claims can be submitted by the buyer to the address given in the provider identification, by fax or email to support@dasboep.de.

f) The buyer can save the contract text to their computer by right-clicking on their browser or print it out using their browser's print function. The contract text (consisting of the order data and the General Terms and Conditions) is also stored by the seller and sent to the buyer by e-mail after the contract is concluded.
For security reasons, buyers who are not registered customers cannot view their order data online after purchase. Buyers who are registered customers can view their previous orders under the menu item "My Account" and there under "Orders".

g) The buyer can find information on payment and payment methods, delivery or fulfillment in the respective offer. In addition, the buyer can find further information under the heading "Order & Shipping". The delivery period begins with the day following the buyer's payment instruction for payment in advance, and with the order for all other payment methods. Should the last day of the period fall on a Sunday or public holiday, the next working day shall take the place of the end of the period.

h) Complaint procedure via the OS platform: Consumers have the option of resolving disputes out of court via the following link: http://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final provisions, miscellaneous

11.1. The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the buyer and to the respective terms and conditions. The application of UN sales law is excluded.
If the buyer is a consumer, the applicable legal regulations and rights existing in favor of the consumer under the law of the buyer's country of residence remain unaffected by this agreement.

11.2. The exclusive place of jurisdiction is the court at the seller's place of business, provided that the buyer is a merchant within the meaning of the German Commercial Code (HGB) or a public law corporation. The seller has the right to sue at the buyer's place of business as well.

11.3. Should individual provisions of this contract be wholly or partially invalid or lose their legal validity later, the validity of the rest of the contract shall not be affected. The statutory provision shall replace the invalid provision.