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General Terms & Conditions/Mandatory Consumer Information
§ 1 Scope
These terms & conditions ("T&Cs") exclusively govern the use of our website (www.blomus.de) and the conclusion of distance contracts on the sales of products presented thereon. We do not accept or acknowledge any deviating or contrary terms and conditions and expressly object thereto unless we expressly agree to their applicability in writing.
Online shop provider and your contractual partner is:
Zur Hubertushalle 4
Tel.: +49 (0)40 22 63 07 - 090
Fax: +49 (0)40 22 63 07 - 330
Willo Blome, Michael Beste
Court of Registration: Arnsberg
Trade Register No.: HRB 702
VAT Identification No. DE205487928
You may also contact our customer service for questions and any complaints under the above mentioned contact details (by phone only on workdays between 8:00 am and 5:00 pm).
§ 2 Order, Conclusion, Wording and Language of Contract
The presentations of our goods in the online shop shall not be considered binding offers but an invitation to order. Errors excepted.
The following technical steps lead to conclusion of the contract: You may add the chosen goods to your shopping cart by pressing the “Add to basket”-button. You may correct any misentry in your cart by changing the amount of or delete all goods you choose, using the correspondingly named buttons before you “go to checkout”. If you proceed by clicking “Go to checkout” in the shopping cart and finally click the „Buy“-button at the end of the online order form you place a legally binding offer to buy the goods contained in your shopping cart. Subsequently we will send you an email containing the acknowledgement of your order and its details (“Acknowledgement”). This Acknowledgement is not an acceptance of your contractual offer. It only serves for your information that we have received your order. Acceptance of your order and completion of the sales contract will take place when we send you an order confirmation by a second email within an acceptance period of two workdays. Goods contained in one and the same order which are not listed in the order confirmation are excluded from the sales contract.
Blomus GmbH does not sell goods to minors. Even our goods designed for children can only be purchased by adults aged at least 18 years. Please notice that all goods are sold only in quantities suitable for an average household. This relates both to the amount of goods in the course of one order and to multiple orders of the same goods of which the single orders comprise a quantity suitable for an average household. In case blomus GmbH refuses your contractual offer you will be informed correspondingly within two days from receipt of your order.
Contracts can be concluded in German or English language.
The wording of the contract (the details of your order and these T&Cs) will be stored and sent to you along with the order confirmation. Our T&Cs can also be accessed in the online shop at any time. Registered customers have access to their placed orders after log-in under "My account".
§ 3 Consumers’ Right of Withdrawal
If you enter into a legal transaction for a purpose that is, for the most part, outside your trade, business or profession and thus order as a consumer in our internet shop, you have a right of withdrawal according to the following conditions:
RIGHT OF WITHDRAWAL
You may withdraw your contractual order without stating reasons within a fourteen-day period.
The right of withdrawal shall apply for a period of fourteen days from the day an which you or a third party you nominated and who is not the carrier received the goods.
In order to exercise your right of withdrawal, you must inform us (blomus GmbH, blomus online shop, C/O Hatraco GmbH, Peutestrasse 22a, D-20539 Hamburg, Tel.: +49 (0)40 226 307 090, Fax: +49 (0)40 226 307 330, E-Mail: email@example.com) with a clear statement (e.g. a letter sent by post, a fax or an e-mail) about your decision to cancel your contract. You may use the standard withdrawal form, though this is not obligatory.
The timely dispatch of the cancellation shall be deemed sufficient for compliance with the withdrawal deadline.
Consequences of Withdrawal
If you revoke this contract, we are immediately and at the latest within fourteen days upon receipt of the notification of this contract´s cancellation, obliged to return all payments that we have received from you, including the shipping charges (with the exception of additional costs resulting from you selecting a different type of delivery than the cheapest standard delivery we offer). For this refund, we use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to return the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever the earlier.
You are required to send us back or hand over the goods immediately and in any event within fourteen days of informing us of the cancellation of this contract. The deadline shall be deemed to have been met if the goods are sent before the fourteen-day expiry period. We bear the costs of the return of the goods.
You are only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operations of the goods.
§ 3a Voluntary Right of Return
Without prejudice to the statutory Right of Withdrawal under § 3, we grant the following voluntary right of return to consumers for goods which are ordered from 10 to 21 December 2017: After the expiry of the 14-day cancellation period (see § 3, Consumers’ Right of Withdrawal), you shall be entitled to withdraw from the contract by returning the goods to us by 6th January, 2018. The date of dispatch of goods will be used to determine compliance with this time limit.
Standard withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
To: blomus GmbH, blomus online shop, c/o Hatraco GmbH, Peutestraße 22a, D-20539 Hamburg
Fax +49 (0) 40 22 63 07 - 330
I/we (*) herewith revoke the contract that I/we (*) concluded concerning the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*) : ____________________________________________
Name of consumer(s) : ____________________________________________
Address of consumer(s) : ____________________________________________
Signature of consumer(s) (only for notification on paper)
(*) Delete as appropriate
§ 4 Prices, Shipping Costs and Payment
All prices shown in the course of presenting the single goods in our online shop are inclusive of statutory value added tax ("VAT") and other price components.
Additionally we charge a shipping cost flatrate the amount of which depends on the order value or rather the country of dispatch and in each case is shown under the link "shipping costs" on the product pages and displayed separately in your basket.
You can pay by credit card, using the payment service PayPal or in advance by bank transfer. You can also pay on account if you have provided a billing address in Germany and the value of the goods in your shopping basket is between EUR 1.50 and EUR 1,500. You will receive an invoice containing our bank details together with our order confirmation. The invoice amount is due for payment as soon as the invoice is received.
§ 5 Delivery Terms, Reservation as to oneself obtaining Delivery and Default
We deliver to Germany, Bulgaria, Estonia, Finland, Greece, United Kingdom, Ireland, Italy, Latvia, Lithuania, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain and Hungary.
Delivery times within Germany are 1-2 workdays and 7-10 workdays to any other mentioned country. In case of payment in advance the period of delivery commences after receipt of payment. Any deviating delivery times for single items we will indicated separately in the online shop.
We are entitled to revocation of contract if delivery of the goods through your fault fails again after two prior attempts in vain. In this case any payments you had already made will be reimbursed without delay.
We are also entitled to revocation of contract if the ordered goods are not available because we ourselves have not obtained delivery through no fault of ours despite our supplier’s contractual obligation. In this case we will inform you about the unavailability of the goods and return any provided consideration without delay.
Disturbances in our business operations caused through no fault of ours, such as, without limitation, strike, lockout, and cases of force majeure that are due to an unforeseeable event for which we are not at fault, shall extend the delivery term accordingly. In the event that such disturbances prevent us from delivering the goods within one month from placing your order you may cancel the contract. Statutory rights of cancellation to which you are already entitled within the period of one month shall not be affected.
§ 6 Reservation of Title
The purchased item remains property of blomus GmbH until full payment is made. The pawning, transfer of ownership by way of security, processing or restructuring of the item prior to the transfer of title is not permitted without our explicit consent.
§ 7 Deficiency Claims/Limitation of Liability
We kindly ask you to give us or the deliverer immediate notice of any defects upon delivery of the goods, such as, without limitation, apparent transport defects. The omission of giving us notice does not affect your statutory rights, unless the purchase is a commercial transaction and you have the requirement to make a notification according to § 377 HGB (German Commercial Code). With your instant notification you enable us to claim our own rights against the deliverer or the transport insurance.
In the event that the goods are defective at the time of delivery, you may initially demand subsequent performance under the statutory provisions. If subsequent performance fails you are entitled at your discretion to either reduce the purchase price or withdraw from the contract and claim compensation.
We are unrestrictedly liable under the statutory provisions for any injury to life, body and health caused by a negligent or willfully breach of obligations.
Our liability for property damages and financial loss is limited to damages/losses caused grossly negligent or willfully.
If we breach a material contractual obligation or a cardinal obligation, i.e. an obligation which fulfillment is essential to the due and proper performance of the contract and of which compliance you may regularly rely, we shall be liable for property damage and financial loss even in cases of slight negligence. This also applies to compensation claims in place of performance.
As far as we have violated a material or cardinal contractual obligation slightly negligent our liability is limited to the typically foreseeable damage.
The limitation of liability pursuant to the provisions above is also applicable if we are unable to deliver by accident in the course of delay or if the customer exercises other rights, in particular, without limitation, on the grounds of tort or a claim for reimbursement of expenses in place of performance. The limitation of liability pursuant to the provisions above is not applicable if we issued a guarantee as well as if liability is mandatory according to statutory provisions, such as, without limitation, the Product Liability Act ("Produkthaftungsgesetz").
Beyond this our liability is excluded.
Our liability, limitation or exclusion of liability to the afore mentioned extent shall also apply to damages caused through breaches of our employees', workers', staff's, representatives' and auxiliary persons' obligations.
§ 8 Dispute resolution/customer services
The European Commission provides a platform for online dispute resolution (ODR). This is available at http://ec.europa.eu/consumers/odr/. We are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board.
If you have any questions, claims or complaints, our customer services team is happy to help. You can call them on +49 (0) 40 226 307 090 from Mondays to Thursdays between 8am and 6pm, and on Fridays between 8am and 5pm, or email them at firstname.lastname@example.org.
§ 9 Governing Law
The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is excluded.
blomus GmbH, 05.12.2017