Conditions

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 distance selling at www.dasboep.de . The seller does not recognize any conditions of the buyer that conflict with or deviate from these general terms and conditions 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. In these general terms and conditions, some different regulations are made for consumers and businesses.

According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.

According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.

2. Communication with interested parties and customers

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

2.2. Consumers can also subscribe to a newsletter on the website www.dasboep.de , which the company sends out regularly. Unsubscribe from this newsletter can be done by clicking on the "Unsubscribe" button, which can be found at the end of each newsletter. Unsubscribe results in the name of the interested party, customer or consumer being deleted from the corresponding mailing list.

2.3. Furthermore, boep GmbH offers information to interested parties, customers and thus consumers using the messenger service “WhatsApp”. This may result in initial contact by boep or a response to a request from interested parties or customers. The use of this communication channel can be terminated at any time if a corresponding message is sent to boep.

2.4. Orders are processed exclusively via the ordering system stored in the online shop of das boep GmbH and not via newsletter or WhatsApp.

2.5. Otherwise, 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 catalogue offers. The buyer can put one or more items in the virtual shopping cart. From there, he can go to the purchase process by clicking on the "checkout" button. After entering the personal details required for the order and the other details necessary for the order to be processed, the buyer submits a binding order offer to purchase the respective item by clicking on the "order with payment" field as the last step of the order process. The buyer has the opportunity to check his entries again and change them if necessary before finally clicking on the "order with payment" field. To do this, he can go to the corresponding order processing page by clicking on "edit" next to the respective details and change the respective details there.

3.2. Once the buyer has completed the order process, the seller will immediately confirm receipt of the order by email. This confirmation of receipt does not 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 email. If the buyer does not receive an order confirmation or delivery within 7 days, he is no longer bound to his order.

3.3 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This company 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 trading chain. This does not incur any additional costs for the buyer.

4. Prices

4.1 The prices quoted by the seller to consumers include the applicable statutory value added tax.

4.2. When the goods are shipped, the stated shipping costs will also apply. These can be found in the respective offer and under the heading " Payment 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 terms and conditions and under " Payment and shipping ".

5.2. The seller is entitled to make partial deliveries as long as this is reasonable for the buyer. In the case of consumers, this only applies if the buyer's interest in the entire contract has not been lost due to the partial delay or partial delivery. In the event of a dispute, the burden of proof for this and for reasonableness lies with the seller. In the case of partial deliveries, additional shipping costs only apply if this has been expressly agreed. A partial delivery within the meaning of these terms and conditions always only means the delivery of an order in several partial shipments/pieces. The seller is not entitled to make other partial deliveries without prior express agreement with the buyer.

5.3. If the Buyer is a consumer, the Seller shall bear the shipping risk in any case, regardless of the method of shipping, unless the Buyer has commissioned the forwarding agent, the carrier or another person or institution designated to carry out the shipment without the Seller having previously named this person or institution.

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

6. Terms of payment

6.1 Various payment methods are available to the buyer.

6.2. Any costs incurred by a particular payment method can be found in the " Payment and Shipping " overview.

6.3. For the payment methods offered (prepayment, 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 default of payment by the buyer, the statutory provisions on default apply. The interest rate for a consumer is 5% points above the base interest rate per annum in accordance with Section 288 of the German Civil Code (BGB), and for a businessperson 9% points above the base interest rate per annum.
6.5. Unless the counterclaims arise from the same contractual relationship, the Buyer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by the Seller.

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

6.7. After the goods have been dispatched, the buyer will receive a shipping confirmation. He can request an invoice by email from support@dasboep.de with the billing address specified when ordering, which will then be sent to him by email in .pdf format. It is the buyer's responsibility to check all the data provided 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 subsequent change of the invoice addressee beyond this, 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 statutory 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 expire 12 months after the transfer of risk.
b. Obvious defects must be reported within 14 days, otherwise they will be deemed to have been accepted. Shortages must be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the buyer must, in deviation from point b., comply with the obligations of Section 377 of the German Commercial Code (HGB), i.e. inspect the goods immediately after delivery by the seller, insofar as this is feasible in the normal course of business, and, if a defect or shortage is found, notify the seller immediately. If notification is not made or is made late, i.e. not immediately, the goods are deemed to have been approved. Hidden defects must be reported immediately after they are discovered, otherwise they are also deemed to have been approved if they are not reported or are not reported late.
d. If the purchased item is defective, the seller is entitled, at his discretion, to subsequent performance in the form of repair or delivery of a defect-free item. The buyer must grant the seller a reasonable period of time, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The seller must bear the expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs. In the case of subsequent performance, the seller only bears the necessary expenses up to the amount of the purchase price.
e. If the repair fails within the meaning of Section 440 of the German Civil Code (BGB), the buyer may, at his discretion, request withdrawal or reduction of the price.
g. Further claims by the buyer, in particular for consequential damages, are generally excluded. This does not affect the 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. The unlimited liability also applies in the event of a breach of contractual cardinal obligations, i.e. those contractual obligations on whose fulfillment the buyer relies and may rely. In all other respects, liability is limited to the damage typically arising from the commercial transactions underlying these General Terms and Conditions.
h. Liability under the Product Liability Act remains unaffected.
i. The statutory limitation period within the scope of a delivery recourse according to §§ 478,479 BGB remains unaffected.

8. Retention of title

8.1 The delivered goods remain the property of the seller until the purchase price has been paid in full.

8.2. The following applies to buyers who are entrepreneurs:
a. The seller reserves title to the goods (reserved goods) until all payments from the business relationship with the buyer have been received.
b. If the buyer fails to meet his payment obligation despite a reminder setting a deadline, the seller can demand the return of the reserved goods that are still his property without setting a further deadline. The buyer will bear the transport costs incurred. The return of the reserved goods by the seller always constitutes a withdrawal from the contract. After receiving the reserved goods back, the seller is entitled to sell them. The proceeds from the sale are to be credited to the buyer's liabilities - less reasonable sales costs.
c. The buyer must immediately inform the seller in writing of all third-party access, in particular of enforcement measures and other impairments of his property. The buyer must compensate the seller for all damages and costs arising from a breach of this obligation and from necessary intervention measures against third-party access, in particular a lawsuit under Section 771 of the Code of Civil Procedure.

8.3. The buyer is entitled to resell the reserved goods in the normal course of business. However, the buyer assigns to the seller the claims in the amount of the final invoice amount agreed with him (including sales tax) that he has from the resale of the reserved goods against his customers or other third parties; this assignment applies regardless of whether the purchased item was 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 himself remains unaffected. However, the seller will not make use of this authority as long as the buyer meets his payment obligations. As soon as the buyer is in default of payment or has filed an application for the opening of insolvency proceedings or has suspended payments, the seller can demand that all assigned claims and their debtors be communicated to him, that the debtors be informed of the assignment by the buyer and that the buyer provide him with all documents and information required 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 that do not belong to the seller, the seller acquires joint 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. In all other respects, the same applies to the item created through processing as to the purchased item delivered subject to reservation.

8.5. If the purchased item is inseparably mixed with other items that do not belong 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 co-ownership to the seller on a pro rata basis. The buyer shall safeguard the sole ownership or co-ownership thus created for the seller.

8.6. The Buyer also assigns to the Seller the claims to secure the Seller's claims against the Buyer that arise against a third party as a result of the connection of the purchased item with real estate.

8.7. The Seller undertakes to release the securities to which he is entitled at the Buyer's request to the extent that the realisable value of his securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is the responsibility of the Seller.

9. Cancellation policy for consumers (§ 13 BGB)

9.1 Consumers (see section 1 above) have the following right of withdrawal.

Consumers have the following statutory right of withdrawal.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

To exercise your right of withdrawal, you must inform us (das boep GmbH, Barbarossaring 27, 55118 Mainz, telephone: (+49) 06131 3079173, email: info@dasboep.de ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

Return address:

Please send your return after consultation with us to: das boep GmbH, Barbarossaring 27, 55118 Mainz. For returns from Switzerland, we will provide you with an address in Switzerland after consultation via email.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of revocation

The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back to us.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

-Ordered on (*)/received on (*)

-Name of the consumer(s)

-Address of the consumer(s)

- Signature of the consumer(s) (only if notification is on paper)

-Date
_______________

(*) Delete as appropriate.

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

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

b) You can check for any transmission or input errors by proofreading the entered data before completing your order and, if necessary, change or delete them by clicking on “Edit”.

c) The Buyer can find out the essential characteristics of the goods offered by the Seller as well as the period of validity of limited-time offers from the individual product descriptions on the website.

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

e) The buyer can submit complaints and warranty claims to the address provided in the provider identification, by fax or email to info@dasboep.de .

f) The buyer can save the contract text to his computer by clicking the right mouse button on his browser or print it out using the print function of his browser. The contract text (consisting of the order data and the general terms and conditions) is also saved by the seller and sent to the buyer by email after the contract has been concluded.
For security reasons, the buyer who is not a registered customer can no longer view the order data after the purchase has been completed. Buyers who are registered customers have the option of viewing their previous orders under the menu item "My Account" and then under "Orders".

g) The buyer can find information on payment and payment methods, delivery or fulfillment in the respective offer. The buyer can also find further information under the heading " Payment & Shipping ". If payment is made in advance, the delivery period begins on the day following the buyer's payment instruction; for all other payment methods, it begins on the day the buyer places his order. If the last day of the period falls on a Sunday or public holiday, the following working day takes the place of the end of the period.

h) Complaints procedure via the OS platform: Consumers have the opportunity to bring about an out-of-court dispute resolution in the event of a dispute 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.

10. Final provisions, miscellaneous

10.1. The contractual relationship between the seller and the buyer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
If the Buyer is a consumer, the applicable legal regulations and rights in favour of the consumer under the law of the Buyer's country of residence remain unaffected by this agreement.

10.2. The exclusive place of jurisdiction is the court at the place of business of the seller if the buyer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. The seller also has the right to sue at the place of business of the buyer.

10.3. Should individual provisions of this contract be invalid in whole or in part or should they subsequently lose their legal validity, the validity of the remainder of the contract shall remain unaffected. The invalid provision shall be replaced by the statutory provision.