Terms of service
Table of Contents Scope of Application Conclusion of Contract Right of Withdrawal Prices and Payment Conditions Delivery and Shipping Conditions Duration of Contracts and Termination of Subscription Contracts Retention of Title Warranty (Guarantee) Redemption of Promotional Vouchers Applicable Law Jurisdiction Code of Conduct Alternative Dispute Resolution
1) Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of Bellaria Technology GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
1.4 The subject matter of the contract may be, depending on the product description of the Seller, the purchase of goods by a single delivery or the purchase of goods by a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract period at the contractually owed intervals.
2) Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the integrated online order form in the Seller's online shop. To do this, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process, thereby submitting a legally binding contractual offer with regard to the goods contained in the shopping cart.
2.3 The Seller can 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 email), in which case the receipt of the order confirmation by the Customer is decisive, or delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or requesting payment from the Customer after the Customer has submitted their order. If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") under the terms and conditions of PayPal, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or - if the Customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by selecting a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment when the Customer clicks the button that concludes the ordering process.
2.5 The text of the contract is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account, stating the corresponding login data.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that the use of SPAM filters does not prevent all emails sent by the Seller or by third parties commissioned by the Seller with order processing from being delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment options will be communicated to the Customer in the Seller's online shop.
4.3 If the Customer chooses a payment method offered by "Shopify Payments," the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services for which special payment conditions may apply, and the Customer may be separately notified of these. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4.4 If the Customer chooses a payment method offered by "Klarna," the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Further information and the terms of Klarna can be found in the payment information provided by the Seller, which can be accessed at the following internet address:
https://shop.bellaria.de/
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for returning the goods if the Customer effectively exercises their right of withdrawal. With regard to the return costs, the provisions made in the Seller's withdrawal policy shall apply.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall, in principle, pass to the Customer upon delivery of the goods to the Customer or a person entitled to receive the goods. However, even in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, provided that the Customer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the Seller has not previously designated this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a concrete hedging transaction with the supplier with due care. The Seller will make every reasonable effort to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Duration of Contracts and Termination of Subscription Contracts 6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without observance of a notice period.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause is deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period is not reasonable.
6.3 Cancellations can be made in writing, in text form (e.g., by email), or in electronic form via the termination function (termination button) provided by the Seller on their website.
7) Retention of Title If the Seller provides advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7.1 Warranty (Guarantee)
8.1 Unless otherwise provided below, the statutory provisions concerning liability for defects apply. Deviating from this, for contracts for the delivery of goods:
8.2 If the Customer acts as an entrepreneur:
The Seller has the choice of the type of supplementary performance; the limitation period for claims for defects for new goods is one year from the transfer of risk; claims for defects are excluded for used goods; the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects. 8.3 The above limitations and shortened limitation periods do not apply
to damages caused by the Seller from injury to life, body, or health, for intentional or grossly negligent breaches of duty by the Seller and their legal representatives or vicarious agents, for any claims based on the Product Liability Act, in the event of the Seller's fraudulent concealment of the defect, for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, in the event of the Seller's obligation to provide updates for digital products in contracts for the delivery of goods with digital elements. 8.4 Furthermore, the statutory limitation periods apply to entrepreneurs for a recourse claim under Section 478 BGB (German Civil Code).
8.5 If the Customer is a merchant within the meaning of the German Commercial Code (HGB), the Customer is subject to the commercial inspection and notification obligation according to Section 377 HGB. If the Customer fails to comply with the obligations to give notice regulated therein, the goods shall be deemed approved.
8.6 If the Customer is a consumer, they are asked to report any obvious transport damages to the delivery agent and to inform the Seller of this. If the Customer fails to do so, this will not affect their statutory or contractual warranty claims.
9 Redemption of Promotional Vouchers
9.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2 Individual products may be excluded from the voucher campaign if this results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the conclusion of the order process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promoti onal voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.8 The promotional voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled but not obliged to check the material eligibility of the respective voucher holder.
10 Applicable Law For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. This choice of law shall apply to consumers only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
Jurisdiction If the Customer is a merchant, a legal entity under public law, or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activities. However, in the aforementioned cases, the Seller is entitled to bring an action at the Customer's general place of jurisdiction.
11. Code of Conduct The Seller has submitted to the guidelines for "Google Customer Reviews," which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.
13. Alternative Dispute Resolution
13.1 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 out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
© IT-Recht Kanzlei Last Updated: 26 October 2022, 19:36:31 UTC
Note: This translation is provided for convenience and general understanding. In case of any discrepancies or legal issues, the original German version of the terms of service shall prevail. It is always recommended to consult a legal professional for specific legal matters and contract translations.