- 1. scope of application
- 2. offers and service descriptions
- 3. order process and conclusion of contract
- 4. prices and shipping costs
- 5. delivery, availability of goods
- 6. payment modalities
- 7. reservation of proprietary rights
- 8. warranty for material defects and guarantee
- 9. liability
- 10. storage of the contract text
- 11. final provisions
1. scope of application
1.1 The following General Terms and Conditions shall apply exclusively to the business relationship between Halina Hhn and Jana Wahn GbR BUDEVI (hereinafter referred to as BUDEVI) and the customer (hereinafter referred to as the “customer”) in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 11:00 AM to 3:00 PM under the phone number 017676686919 and by e-mail at firstname.lastname@example.org.
1.3 Consumer in terms of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted with the products. Errors and omissions excepted.
3. order process and conclusion of contract
3.1 The customer can select products from BUDEVI’s range without obligation and collect them in a so-called shopping cart by clicking the button [add to shopping cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the conclusion of the order process within the shopping cart by clicking on the [Continue to checkout] button. 3.
3.2 By clicking the button [order with obligation to pay], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3 BUDEVI then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by BUDEVI and does not constitute acceptance of the application. The purchase contract is only concluded when BUDEVI has sent or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If BUDEVI allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by BUDEVI within 10 calendar days after sending the order confirmation, BUDEVI will withdraw from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the purchaser and BUDEVI without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the BUDEVI website are exclusive of the applicable statutory value added tax, as the seller is exempt from value added tax as a small business.
4.2 In addition to the stated prices, BUDEVI charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the purchaser despite three delivery attempts, BUDEVI can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3 If the ordered product is not available because BUDEVI is not supplied with this product by its supplier through no fault of its own, BUDEVI may withdraw from the contract. In this case BUDEVI will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, BUDEVI will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by BUDEVI.
6.6 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by BUDEVI. The customer may exercise a right of retention only if the claims result from the same contractual relationship.
7 Retention of title
The delivered goods remain the property of BUDEVI until payment has been made in full.
8 Warranty for material defects and guarantee
8.1 The warranty shall be determined in accordance with the statutory provisions.
8.2 The goods delivered by BUDEVI shall only be covered by a guarantee if this has been expressly given. Customers will be informed of the warranty conditions before the order process is initiated.
9.1 The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other legal requirements for claims.
9.2 BUDEVI shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, BUDEVI is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, BUDEVI is liable only for the foreseeable damage typical for the contract. BUDEVI is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after a guarantee has been given for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of BUDEVI is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10 Storage of the text of the contract
10.1 The customer can print out the text of the contract before submitting the order to BUDEVI by using the print function of his browser in the last step of the order.
10.2 BUDEVI also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, at the latest however with the delivery of the commodity, the customer receives furthermore a copy of the AGB together with revocation instruction and the references to forwarding expenses as well as terms of delivery and payment. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the Internet.
11. final provisions
11.1 The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contractual language is German.
11.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.