Terms and Conditions
1. Subject matter of the contract
1.1 The following general terms and conditions apply to all delivery transactions between www.black-palms-label.com, owner bp Media GmbH, Graf-Sieghart-Weg 24, 85570 Markt Schwaben (seller) and its customers. The General Terms and Conditions shall apply to consumers within the meaning of § 13 BGB (German Civil Code), unless it is expressly stated that these shall only apply to corporate customers. Consumer in the sense of § 13 BGB is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial, nor his self-employed professional activity.
1.2 The application of deviating terms and conditions of customers is expressly contradicted. They shall apply only if and to the extent that their application has been expressly agreed.
2. Conclusion of the contract
2.1 The presentation of goods on the Seller’s website does not constitute an offer to conclude a contract, but rather an invitation by the Customer to submit an offer (invitatio ad offerendum). Only the completion of the ordering process constitutes a legally binding offer for the conclusion of a contract by the customer (order). To place an order, the customer can place the product in the electronic shopping basket by clicking on the corresponding button in the product view. If necessary, you can choose between color, size and number. The order can be initiated by clicking on the shopping cart button, which takes the customer to the electronic shopping cart. There you will find a list of the product selection. The customer has the possibility to remove products from the selection. The customer can also cancel the order at any time. The order is continued, in which the customer enters his name, address and other requested customer data via the mask, selects the payment options. The order is completed at the end of the order form by clicking on the “Buy now” button or another button with an appropriate name. The receipt of the order is immediately confirmed by the seller by confirmation of receipt email. The acknowledgement of receipt does not constitute acceptance of the order.
2.2 The Seller’s range of goods shall only contain available goods. Nevertheless, the Seller reserves the right to check availability on receipt of the order in individual cases and will inform the Customer without delay and reimburse any payments already made by the Customer without delay if the ordered goods should exceptionally not be available.
2.3 The contract text is not stored. The general terms and conditions can be viewed at any time on the seller’s website. The order data will be sent by e-mail to the e-mail address specified in the order. Once the order has been completed, the order data can no longer be retrieved unless you have set up a customer account using the functions provided. In this case, you can view the order data at any time via the customer account.
3. Terms of payment
3.1 The customer has the possibility to choose from different payment methods, unless a special payment method is specified. The available payment options can be viewed on the seller’s website.
3.2 The goods shall only be dispatched against prepayment unless otherwise agreed. If the goods are dispatched on account, the purchase price is due for payment immediately without deduction.
4. Retention of title
4.1 The sold goods remain the property of the seller until the purchase price has been paid in full. The buyer undertakes to treat the goods with care until the transfer of ownership.
4.2 The Buyer shall notify the Seller immediately of any seizure, insolvency, damage to or loss of the goods as well as any change in possession.
5. Delivery, shipping costs
Unless other delivery periods are indicated, delivery shall take place within five working days. The freight, delivery and shipping costs can be viewed via the menu on the website under the appropriate link.
6. Right of withdrawal for consumer customers
Exclusively for consumer customers within the meaning of § 13 BGB, i.e. natural persons who conclude a legal transaction for a purpose which can neither be attributed to their commercial nor their self-employed professional activity, which follows:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (www.black-palms-label.com, owner bp Media GmbH Graf-Sieghart-Weg 24, 85570 Markt Schwaben, Tel.: +49 179 7278606, E-Mail: [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their nature, properties and functions.
End of the revocation instruction
Area exceptions: The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or which may spoil quickly or whose expiration date would quickly be exceeded. The same shall also apply to goods which, due to their nature, have been inseparably mixed with other goods after delivery.
7.1 The warranty shall be governed by the statutory provisions.
7.2 For the purchase of used items, the limitation period is 12 months, calculated from delivery of the item.
7.3 What follows applies exclusively to corporate customers:
The assertion of warranty claims presupposes that the customer has duly complied with his inspection and complaint obligations in accordance with § 377 HGB (German Commercial Code). The limitation period for claims based on defects is 12 months from the transfer of risk. If the subject of the contract is a used item, the warranty is excluded. This shall not apply if there is a guarantee of quality or a liability due to fraudulent intent.
8.1 In the event of intent or gross negligence as well as the absence of a guaranteed characteristic, the Seller shall be liable without limitation for all damages.
8.2 In the event of slight negligence, the Seller shall be liable without limitation in the event of injury to life, limb or health. If the Seller is in default of performance due to slight negligence, if impossibility exists or if a material breach of duty exists, liability shall be limited to the foreseeable damage typical for the contract.
8.3 In all other respects, liability is excluded, with the exception of mandatory liability under the Product Liability Act.
9. Transfer of risk
The following applies exclusively to corporate customers: Unless otherwise agreed, delivery shall be “ex works”.
10.1 The assignment of claims requires the consent of the seller.
10.3 What follows applies exclusively to corporate customers: Place of jurisdiction for all disputes is the registered office of the seller.
10.2 The contractual relations between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The validity of mandatory provisions of consumer protection in the country of origin remains unaffected by this.