§1 Applicability to entrepreneurs and definitions of terms
(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
(3) With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
§2 Conclusion of contract outside the online store
The customer‘s order by e-mail constitutes a binding offer to conclude a purchase contract. In the case of an order by e-mail, confirmation of receipt of the order shall be sent immediately after receipt and shall not yet constitute acceptance of the contract. We can accept the customer‘s order in each case by sending a separate order confirmation by e-mail or by delivering the goods within 3 days.
§3 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our online store shop.schwarze-biene.de
(2) In case of conclusion of the contract, the contract is concluded with
Schwarze Biene Outdoor
Oberer Kirchberg 6
97941 Tauberbischofsheim, Germany
(3) The presentation of the goods in our online store does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
The essential features of the goods offered by us can be found in the individual product descriptions in the online store. The information given there on the subject of the delivery or service (e.g. color, weight, dimensions) as well as our representations of the same (e.g. illustrations) are only approximately authoritative. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements are permissible insofar as they do not impair the usability for the contractually intended purpose.
(4) Upon receipt of an order in our online store, the following provisions shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the „Add to cart“ buttons
3) Checking the information in the shopping cart
4) Pressing the button „checkout
5) Optional login to the online store after registration and entering the login details (e-mail address and password) or continue without a customer account.
6) Checking again or correction of the respective entered data.
7) Binding submission of the order by clicking the button „order with costs“ or „buy“.
After initiating the ordering process, the customer is asked to enter his data. The mandatory data are marked with a *. Optionally, the customer can register in our online store and open a customer account. The mandatory information required for this is marked with an *. For future purchases, the customer can order after entering his e-mail address and password without having to enter his data again. Before sending the binding order, the consumer can, by pressing the „back“ button in the Internet browser used by him, after checking his details, return to the Internet page on which the customer‘s details are recorded and the order is placed.
where the information of the customer is recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail („order confirmation“). With this we accept your offer.
(5) Storage of the contract text for orders via our online store: We will send you the order data and our GTC by e-mail. You can also view the GTC at any time at www.schwarzebiene.de/agb.html. For security reasons, your order data is no longer accessible via the Internet.
§4 Prices, shipping costs, payment, due date
(1) The prices shown in the store include the statutory VAT and do not include shipping costs. We charge a flat rate of 5.50 EUR within Germany. From 100.00 EUR order value the delivery is free of shipping costs. The shipping costs outside of Germany depend on the size and weight of the respective order. In this case, the customer can determine the actual shipping costs by placing the desired items and quantities in the shopping cart and selecting his delivery country. If the customer does not have a customer account or is not logged in, the following steps are necessary to determine the actual shipping costs: Click on „Edit shopping cart“, then on „Shipping costs“ and then select the country and shipping method. By clicking on these options, the respective shipping costs will be recalculated. If the customer is already logged in, he has to follow the order process to determine the actual shipping costs until the shipping options are displayed. Then the customer can click on the individual shipping options and see the corresponding shipping costs at the bottom of the total. Finally, the shipping costs are also displayed to the customer on the summary page before the order is submitted.
(2) The consumer has the option of payment in advance or PayPal.
(3) If the payment method prepayment is selected, the customer will receive our bank details after completion of the order by means of a separate e-mail. The invoice amount is to be transferred to the specified account within 7 days after conclusion of the contract. We will ship the goods only after receipt of payment. If no payment has been received on the specified account within 7 days after conclusion of the contract, we are entitled to withdraw from the contract without a reminder.
(4) If the payment method PayPal is selected, the customer will be redirected to the website of the online provider PayPal after submitting the order. In order to pay the purchase price via PayPal, the customer must be registered there or register first, legitimize with his access data and confirm the payment instruction to us. We then request PayPal to initiate the payment transaction. This will be carried out automatically by PayPal immediately thereafter.
(5) For deliveries to non-EU countries, additional customs duties and fees may apply. These are then to be paid by the customer, but not to the seller, but to the respective customs or tax authorities. Further information can be found, for example, at ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm and on import sales tax at auskunft.ezt-online.de/ezto/Welcome.do.
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 5 working days. The delivery period begins in the case of payment in advance on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day. The delivery is made with DHL, Deutsche Post or UPS.
After the shipment, the customer will receive an e-mail including the shipment number, with which he can track the status of the package. If he cannot accept the package personally, it will be delivered to a post office branch or, if necessary, to a packing station near you. In case of address ambiguity (missing or wrong information) the parcel service will send the package back to us directly without asking. For another shipment, shipping costs will be charged again.
For shipping to a Packstation, please indicate the Post-ID number after the last name in the delivery address.
If an ordered item is not available, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available and refund any payments already made without delay.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item is handed over to the Buyer, even in the case of a mail-order purchase.
§6 Reservation of ownership
(1) We retain title to the goods until the purchase price has been paid in full.
(2) For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. The customer may resell the goods subject to retention of title in the ordinary course of business; the customer shall assign to us in advance all claims arising from such resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount to us, and we shall accept such assignment. The customer remains authorized to collect the claims, but we may also collect claims ourselves if the customer does not meet his payment obligations.
§7 Right of cancellation
(1) Right of cancellation for consumers
Consumers shall have a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Schwarze Biene Outdoor
Oberer Kirchberg 6
97941 Tauberbischofsheim, Germany
by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
End of the cancellation policy
§8 Withdrawal form
Sample withdrawal form
(If you wish to cancel the contract, please fill out and return this form)
Schwarze Biene Outdoor
Oberer Kirchberg 6
97941 Tauberbischofsheim, Germany
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
The statutory warranty regulations apply.
§10 Transfer of risk
(1) If the customer is an entrepreneur (§ 1 para. 3), the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale to destination upon delivery of the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(2) If the customer is a consumer (§ 1 para. 2), the risk of accidental loss and accidental deterioration of the sold item shall pass to the customer only upon handover of the item, even in the case of a mail order purchase.
(3) Handover shall be deemed to have occurred if the Buyer is in default of acceptance.
(4) If goods are delivered with obvious transport damage, the customer is requested to complain about such defects immediately to the deliverer and to contact us as soon as possible. Failure to make a complaint or to contact us shall have no consequences for the statutory warranty rights. However, the customer supports us to be able to assert our own claims against the carrier or the transport insurance. However, the provisions of § 377 HGB remain unaffected with respect to entrepreneurs who are merchants within the meaning of the German Commercial Code.
§11 Defect rights of the consumer (§1 para. 2)
In the event of a material defect in the purchased item, the statutory provisions shall generally apply. This means that the customer may first and foremost demand supplementary performance, i.e., at its option, subsequent delivery or rectification of defects. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods - in addition to the statutory requirements - the requirements set out in §12 shall apply.
§12 Liability for damages towards consumers (§1 para. 2)
The following exclusions and limitations of liability apply to our liability for damages, irrespective of the other statutory requirements for claims. 1:
1. we shall be liable insofar as we are guilty of intent or gross negligence. In the case of simple negligence, we shall only be liable in the event of a breach of an obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded. 2.
(2) If we are liable for ordinary negligence pursuant to paragraph 1, our liability shall be limited to the damage that we could typically expect to occur under the circumstances known at the time of conclusion of the contract.
(3) The above exclusions and limitations of liability shall not apply if we have given a guarantee for the quality of the goods, nor to damages which are to be compensated under the Product Liability Act, nor to damages to life, limb or health.
(4) The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.
§13 Defect rights and compensation in other cases
With respect to customers who are not consumers (§1 para. 2), the above §§11 and 12 shall apply accordingly with the following proviso:
(1) The prerequisite for the warranty rights is that the customer properly fulfills all inspection and complaint obligations owed under §377 HGB.
(2) We shall have the right to choose the type of subsequent performance.
(3) The limitation period for warranty claims for the delivered goods - except in the case of claims for damages - is 1 year from handover.
§14 Applicable law, place of jurisdiction
(1) These Terms and Conditions and the entire legal relationship between us and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CSIG). Mandatory consumer protection provisions of the state in which the consumer has his habitual residence remain unaffected.
(2) The sole place of jurisdiction for all disputes arising from or in connection with this contract shall be, if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law or has its registered office abroad, at our discretion our registered office in Tauberbischofsheim or the registered office of the customer. In all other respects, the statutory provisions shall apply.
§15 Final provisions
Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
§16 Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS). You can find the platform at ec.europa.eu/consumers/odr/. Our e-mail address is: email@example.com. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Stand January 2021