GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Sustainable Souls GmbH, trading as "Bohoney" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with respect to the goods presented by the Seller in its online store. Hereby, the inclusion of the Customer's own terms and conditions is objected to, unless otherwise agreed.
1.2 Consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2.1 The product descriptions contained in the online store of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop.
2.3 The seller may accept the customer's offer within five days,.
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or .
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or .
- by requesting payment from the customer after submission of the customer's order .
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins to run on the day after the sending of the offer by the customer and ends with the expiry of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent..
2.4 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these GTC. In addition, the contract text is archived on the website of the seller and can be accessed free of charge by the customer via his password-protected customer account by providing the appropriate login data, provided that the customer has created a customer account in the online store of the seller before sending his order..
2.5 Before binding submission of the order via the online order form of the seller, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process..
2.6 For the conclusion of the contract, the German language is available..
2.7 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) RIGHT OF REVOCATION.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy..
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) PRICES AND TERMS OF PAYMENT.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description..
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union..
4.3 The payment option(s) will be communicated to the customer in the seller's online store.
4.5 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.6 In cooperation with Klarna AB (publ), Sveavägen 46, S-11134 Stockholm we offer the following payment options. In each case, payment is made to Klarna:
- Invoice: The payment period is 14 days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The full terms and conditions for invoice purchase for deliveries to Germany can be found here and for deliveries to Austria here.
- Instalment purchase (only available for Germany): With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. More information about the installment purchase, including the terms and conditions and the European standard information for consumer credit can be found here.
- Instant: Your account will be debited immediately after you place your order. .
- Credit card (Visa/ Mastercard)
- Direct debit: The debit will be made after the goods have been shipped. The timing will be communicated to you by e-mail.
5) DELIVERY AND SHIPPING TERMS.
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. In the settlement of the transaction, the delivery address specified in the order processing of the seller is decisive..
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable time in advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return shipping costs applies in the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the cancellation policy of the seller..
5.3 Self-collection is not possible for logistical reasons.
6) PROPERTY PREPAYMENT.
If the seller makes advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) LIABILITY (WARRANTY)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is asked to claim delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects..
8) REDEMPTION OF ACTION Vouchers.
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
8.2 Promotion Vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
8.4 Promotion vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible..
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
8.8 The balance of a promotional voucher will neither be paid out in cash nor earn interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.
8.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) APPLICABLE LAW.
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
10) ALTERNATIVE STREITBEILEGUNG
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.