Terms and Conditions and Information for Consumers
§ 1 General Regulations
- The following terms and conditions are valid for all contracts between Astrid van Dyck (bodolina), Moosburger Str. 34, 85276 Pfaffenhofen, Germany – hereafter known as the supplier – and the customer, made on the supplier’s website www.bodolina.de. Unless otherwise agreed, the inclusion of the customer’s own conditions will be excluded.
- A consumer, in the sense of the following regulations, is any natural person who makes a contract for a purpose not attributed to his or her commercial or independent professional activities. The contractor is the natural or juristic person or a judicable private company which, in concluding a contract, acts in its independent professional or commercial activities.
- The language of the contract is German. The complete text of the contract is not stored by the provider. Before despatching the order over the online shopping basket system the contract details may be printed out on the browser printer or stored electronically. When the provider has received the order, the order details, the compulsory legal information concerning distance selling and the terms and conditions will be sent to the customer once again by email.
§ 2 Object of the Contract
The object of the contract is the sale of goods. The details, especially the essential characteristics of the goods can be found in the description of the items and the additional specifications on the provider’s website.
§ 3 Conclusion of Contract
- The products offered by the provider on the internet are non- binding and no binding offer to conclude a contract.
- The consumer can only place a firm order via the online shopping basket system. Then items intended for purchase are placed in the shopping basket. Via the appropriate button in the navigation bar the customer can call up the shopping basket and make changes at any time. After selecting “Payment” (Zur Kasse) and giving personal details and payment and delivery details all order details will once more be shown on the order overview page. Before sending off the order, the customer has the possibility of checking various details, of amending or breaking off the purchase by using the function “zurück/back” on the internet browser. As soon as the customer activates the payment system PayPal by clicking on the shop system’s integrated button he/she will be guided to the PayPal log-in page. After successfully logging in, the customer’s address and bank details as stored by PayPal will be shown. On sending the order via the button “zahlungspflichtig bestellen/order with payment” the customer makes a binding offer with the provider. The customer will then receive an automatic email concerning the receipt of his/her order which does not yet lead to the conclusion of the contract.
- The acceptance of the offer, and thus the conclusion of the contract, follows either via text confirmation (email), in which the processing of the order or the delivery of the goods is confirmed to the customer. If the customer does not receive any confirmation or message concerning delivery or does not receive any goods within 5 days he/she is no longer bound by the order. Any services already delivered will in this case be reimbursed immediately.
(3.1) We reserve the right to refuse a contract; any services delivered will be reimbursed immediately.
- The handling of the order and the transmission of all information in connection with the conclusion of the contract will follow by email, mostly automatically generated. The customer should therefore be sure that the email address given to the provider is correct and that reception of emails is technically possible and especially not prevented by Spam filters.
$ 4 Prices, Delivery Costs
- The prices quoted in the various offers and in the delivery costs represent final prices in Euros. They contain all aspects of the price including all taxes arising. The delivery address determines the calculation of the VAT. With delivery to a non-EU country further customs duties, taxes or charges may have to be paid by the customer, not to the supplier, however, but to the relevant customs or tax authorities. The customer is advised to query these details with the customs or tax authorities before ordering.
- Delivery costs arising are not included in the purchase price. They can be consulted on the page “Payment and Delivery/Zahlung und Versand” and will be referred to during the course of the ordering process. They are to be paid in addition by the customer, unless delivery is stated to be cost free.
- The customer will receive an invoice with VAT indicated.
$ 5 Payment and Delivery Conditions
- Conditions for payment and delivery are found under the button of the same name (Zahlung und Versand) in the navigation bar.
- Unless stated otherwise, the monies for the completed contract are due for payment immediately.
- Should a product ordered by the customer for unaccountable reasons not be available despite provision of a timely covering transaction the customer will immediately be informed of its non-availability and in the event of a cancellation any payments already made will be reimbursed immediately.
- It is the right of the consumer that liability for shortage or damage of the purchased item during delivery is accepted on delivery to the customer, independent of whether or not the delivery was insured or not.
- Delivery costs are set out for consultation in the section Payment and Delivery/Zahlung und Versand
- Shipment days are the five working days.
§ 6 Ordering Values
We have no minimum order value.
§7 Delivery Time
- The delivery times quoted on our page “Versand und Zahlung/Delivery and Payment” are valid. The delivery time does not include the time required by the service provider.
(1) All our instructions, photos and texts are subject to copyright and may not be copied.
§ 9 Severability Clause
(9.1) Should one or more points, or even part of a point of the Terms and Conditions for any reason become null and void the remaining points will remain valid and effective.
§ 10 Right of Retention, Reservation of Ownership
- Right of retention can only be claimed by the customer when it concerns claims pertaining to the same contractual relationship.
- The goods remain the property of the provider until payment of the purchase price in full has been completed.
§ 11 Warranty
- Legal directives are valid.
- The customer, as consumer, is requested to check the goods on receipt for completeness, evident defects and transport damage and to report any complaints to the supplier and carrier as soon as possible. In the case of transport damages the customer should refuse to accept the shipment. If this does not occur then the right to compensation becomes void.
- The provider has unlimited liability for damages, injury to health, life and limb, in all cases of premeditated and culpable negligence, fraudulent concealment of defect, undertaking of guarantee for the condition of the object for sale, for damages according to the product liability law and in all other legally regulated areas.
- In as far as contractual obligations are concerned, the provider's liability is limited to contractual typical, predictable damages. Essential contractual obligations arising out of the nature of the contract and whose violation would endanger the purpose of the contract, and such obligations which the contract, by its content, imposes upon the provider in order to achieve its purpose, lie with the provider.
- When irrelevant contractual obligations are violated liability is excluded in the case of careless neglect of duties.
- Given the present state of technology data communication on the internet cannot be without errors and cannot always be guaranteed. The provider is not liable either for the permanent or uninterrupted availability of the website or for the facilities it offers.
§13 Choice of Law, Place of Performance, Place of Jurisdiction
- German Law applies. This choice of law applies so that the law of the state of the normal residence of the consumer does not deprive him of the principle of the benefit of the doubt.
- Place of performance for all services for existing business relations with the
provider and place of jurisdiction is the provider’s location, in so far as the
customer is not a consumer but a trader, a corporation of public institution or is
under public law or extra wealth.
The same is true if the consumer has no general place of jurisdiction in
Germany or the EU or if the residence or normal place of residence at the time a
complaint was filed was unknown. The authority to call the court to another legal
place of jurisdiction remains inviolate.