Terms & Conditions
1) Scope/ Vendor Information
1.1 These Terms and Conditions (hereinafter ‘T&CS’) of Bataillon Belette GmbH, Schaumainkai 39, 60594 Frankfurt am Main, Germany, Managing Directors: Pia Buck, Daniel Moser, court of registration: Amtsgericht Frankfurt, register number: HRB 109306 , Germany, telephone: +49 38851 314 347, email: firstname.lastname@example.org (hereinafter ‘vendor’) apply to all contracts concluded by a customer or a contractor within the meaning of the German Civil Code (BGB) (hereinafter ‘customer’) with regard to the services and/or goods offered by the vendor in his online shop.
1.2 The authoritative version of our T&CS is that which is valid at the time the contract is concluded. The inclusion of the customer’s own Terms and Conditions is hereby rejected, unless expressly otherwise agreed upon in writing.
2) Conclusion of Contract
2.1 The product descriptions contained in the vendor’s online shop do not constitute a binding offer on the part of the vendor, they merely serve as a basis for the submission of a binding offer by the customer.
2.2 The basic properties of the goods offered by the vendor can be derived from the individual product descriptions provided as part of the vendor’s internet offering.
2.3 The customer can submit an offer via the online order form integrated in the vendor’s online shop. In so doing, the customer, once he has placed the chosen service and or goods into the virtual shopping bag and proceeded through the electronic order process, submits a legally binding offer with regard to the services and/or goods contained in the shopping bag by clicking the button that concludes the order process. Furthermore, the customer can submit an offer to the vendor via post.
2.4 The vendor can accept the customer’s offer within five working days, – by sending the customer a written order confirmation or an order confirmation in text form (email or telefax), whereby in this respect receipt of the order confirmation by the customer is authoritative, or – by delivering the ordered goods to the customer, whereby in this respect receipt of the goods by the customer is authoritative, or – by requesting payment from the customer after the latter has submitted an order.
If several of the aforementioned alternatives exist, the contract comes into force from the point in time when the first of the aforementioned alternatives occurs. If the vendor does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 The period for acceptance of the offer begins on the day following submission of the offer by the customer and ends with the expiry of the fifth working day following submission of the offer.
2.6 When an offer is submitted using the vendor’s online order form, the contractual text is stored by the vendor and sent to the customer in text form (e.g. email, telefax or letter) following dispatch of his order together with the present T&CS. The contractual text cannot however be retrieved by the customer via the vendor’s internet site once the order has been dispatched.
2.7 Prior to submitting a binding order via the vendor’s online order form, the customer can correct his entries continuously using the customary mouse and keyboard functions. Moreover, all entries are displayed again in a final confirmation window before a binding order can be submitted. These entries can equally be corrected using the customary mouse and keyboard functions.
3) Electronic Communication
3.1 You, the customer, agree that contract-related communication can take place in electronic form.
3.2 The order process and any form of contact will generally take place via email and automated order processing. The customer must ensure that the email address provided by him as part of the order process is correct, so that any emails sent by the vendor can be received by him under this address. When using spam filters, in particular, the customer must ensure that all emails sent by the vendor or by third parties commissioned to process the order can be delivered.
4) Withdrawal Policy
If you are a consumer (i.e. a natural person, who places an order with a purpose that can neither be attributed to a commercial nor a self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.
Right of Withdrawal
You have the right to withdraw from this contract within a period of fourteen days without stipulating any reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, acquired material possession of the final goods.
In order to exercise your right of withdrawal, you are obliged to inform:
DS Produkte GmbH, Am Heisterbusch 250, 19258 Gallin, Germany, telephone: +49 38851 314 347, email: email@example.com
by means of a clear explanation (e.g. a letter sent by post, telefax or email) about your decision to withdraw from this contract. Though not obligatory, you may use the accompanying template withdrawal form for this purpose.
In order to observe the withdrawal period, it is sufficient to send notice that you are exerting your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we must repay all payments that we have received from you, including delivery costs (with the exception of additional costs that result from you having chosen a different type of delivery to the economical standard delivery we offer) without delay and at the latest within fourteen days from the day on which notice of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used during the original transaction, unless explicitly agreed otherwise with you; in no event will fees be charged to you as a consequence of this repayment.
We may refuse repayment until we have received the goods to be returned or until you provide proof that you have returned the goods, depending on which of these events occurs earlier.
You must return or hand over the goods without delay, and in any event within fourteen days at the latest from the day on which you informed us of your withdrawal from this contract, to DS Produkte GmbH, Am Heisterbusch 250, 19258 Gallin, Germany, telephone: +49 38851 314 347, email: firstname.lastname@example.org
The withdrawal period is considered to be observed if you dispatch the goods to us before the period of fourteen days has expired. You are liable for the immediate costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the condition, properties and functioning of the goods.
End of Withdrawal Policy
5) Exclusion/expiry of right of withdrawal
According to § 312g Para. 2 BGB, the right of withdrawal does not apply among other things to contracts for the delivery of goods that are not prefabricated and where the manufacturing thereof is determined by the customer’s individual selection or provision, or are clearly tailored to the personal requirements of the customer. Moreover, it expires prematurely in the case of contracts to deliver sealed goods that for reasons of health protection or hygiene are unsuitable for returning if their seal has been removed after delivery.
6) Prices and Terms of Payment
6.1 Validity of prices
All the prices given on the website are gross prices (including statutory value-added tax). The prices apply that are valid at the time of ordering.
6.2 Unless otherwise stated in the vendor’s product description, the indicated prices are total prices that include statutory value-added tax. Any additional shipping and delivery costs will be listed separately in the respective product description and will be listed separately on your invoice.
6.3 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the vendor is not responsible and which must be carried by the customer. These include the costs of money transfers by banks (e.g. transfer fees, exchange rate fees) or import levies and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers when delivery does not take place to a country outside the European Union, however the customer performs payment from a country outside the European Union.
6.4 The customer can make payment in the form of prepayment against invoice, credit card, PayPal, immediate transfer or cash on delivery.
6.5 The purchase price is due immediately with conclusion of the contract. If the due date of payment is specified by the calendar, the customer will be in arrears as soon as this date is passed.
7) Delivery and Shipping Conditions, Availability of Goods
7.1 The delivery of goods takes place exclusively by post to the delivery address given by the customer. An exception to this is selection of the payment method PayPal in which the delivery address stored by the customer at the time of payment via PayPal is decisive. Unless otherwise agreed, the delivery time in Germany is 2 to 3 days after acceptance of the offer by the customer. If delivery is delayed, the vendor will inform the customer by email without any delay. Collection of the goods in person is not possible.
7.2 If the dispatched goods are returned to the vendor by the transport company, as delivery to the customer was not possible, the customer is liable for the costs of unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, or if he is not liable for the circumstances that led to the delivery not being possible, or if he was temporarily prevented from accepting the offered service, unless the vendor has given reasonable advance notice of the service.
7.3 If an ordered and selected product is permanently unavailable at the time of the customer’s order, we will inform the customer of this by email without delay. In this case we desist from sending an order confirmation and a contract does not come into effect.
7.4 If the product ordered in the customer’s order is only temporarily unavailable, we will inform the customer of this by email in the order confirmation also without delay. In the case of a delivery delayed by more than two weeks, the customer has the right to withdraw from the contract.
7.5 If after conclusion of contract an ordered product proves to be permanently unavailable, we will inform the customer of this by email and without delay. Both the customer and the vendor can withdraw from the contract.
7.6. In the case of withdrawal in accordance with 7.4 and 7.5, we will immediately refund to the customer any payments already made.
8) Reservation of Proprietary Rights
The delivered goods remain our property until payment has been received in full.
9) Defects of Quality and Title, Guarantee
Our goods are subject to the statutory defect liability law. No particular guarantee claims against us extend beyond the statutory defect liability claims, unless corresponding assurances are expressly stipulated in the product description.
10) Liability / Customer Service Information
10.1. The vendor is liable to the customer in all matters of contractual and extra-contractual liability in the case of wilfulness and gross negligence in accordance with the statutory provisions for damages or reimbursement for wasted expenditure.
10.2. Unless otherwise regulated in 9.3, in all other cases the vendor is only liable for the violation of a contractual obligation, whose fulfilment is essential to the proper execution of the contract and on whose fulfilment, you as a customer might ordinarily rely (cardinal obligation), but limited to the replacement of such foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision given in 9.3.
10.3 Our liability for damages arising from wrongful death, personal injury or health impairment and in accordance with the product liability law remains unaffected by the aforementioned liability restrictions and exclusions.
10.4 You can contact our customer services with any questions, complaints or objections using the email address: email@example.com
11) Final Provisions
11.1 The contract is concluded in the German language. Translations into other languages serve merely for information purposes. In cases of disagreements, the German text shall take precedence.
11.2 The order text is not stored by the vendor and can no longer be accessed after conclusion of the order process. You can however print your order details directly after your order has been sent.
11.3 The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the law of the UN Sales Convention. For consumers, this choice of law applies only insofar as the guaranteed protection has not been withdrawn through compelling provisions of the law of the country in which the consumer has his or her habitual residence.
11.4 Insofar as the customer is a merchant, a legal entity under public law or a special fund under public statutory law, the place of jurisdiction for all disputes arising from this contractual relationship with the customer is our registered office in Frankfurt am Main.