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General Terms and Conditions
General Terms and Conditions for Purchases in the Online Shop www.blumat-shop.de
§ 1 General information, Area of jurisdiction of the General Terms and Conditions
1.1 All deliveries and services of blumat-shop.de are carried out solely on the basis of the following General Terms and Conditions of Business in the version valid at the time of the order. No other differing Terms and Conditions are valid, provided no other explicit written agreement has been made.
1.2 Businesspersons, as defined by the Terms and Conditions of Business, are natural or legal entities or legal private companies, who are entering into a business transaction / contract with blumat-shop.de for their own professional or commercial purposes.
1.3 Consumers, as defined by the Terms and Conditions of Business, are natural persons, who enter into a business transaction /contract to which goals of neither commercial or professional nature could be ascribed.
1.4 Customers, as defined by these Terms and Conditions, can be either consumers or businesspersons.
§ 2 Entering into a Contract, Conclusion of the Contract
2.1 That which is presented in our online shop under blumat-shop.de de depicts our offer to you; based on this offer you may enter into a contract with us. The contract becomes official when you send your order to us indicating that you accept our Terms and Conditions. We will send you an e-mail confirmation of the purchase within 24 hours of receiving your order.
2.2 When you have found a product in which you are interested, you can place it into your shopping cart without obligation by clicking on either “In the Cart”. You can see the content of your cart at any time by clicking on “Shopping Cart” You can remove products from your cart by activating the fields for “Remove” and then “Update”. When you are ready to buy the products in your cart, then click on “Cashier”.
The ordering procedure is comprised of 4 steps. For first time customers, your first step is to set up a customer account under the heading of “Registration”; here you can give your personal data and address. If you are already a customer, then sign in under the heading “I am already a Customer” with your password. In the second step, you choose under “Delivery Options” the delivery address and type of delivery desired. In the third step, you can change the billing address as well as choose the type of payment and accept our Terms and Conditions of Business. In the last step, under “Place Order”, you have the opportunity to once again check all information and to change or delete data with “Revise”.
Input mistakes can also be corrected by navigating backwards with the Browser or by interrupting the ordering process and beginning over again. The order is registered in the fourth step “Place Order”, when you click on [Order] thereby sending your order to us.
2.3 By placing an order in our Online Shop, you have entered a contract with bambach GbR, Karlsbader Str. 28, 74211 Leingarten, Partner: Edith Bambach, Daniela Bambach, Tel: +49(0)7131-6421200, Fax: +49(0)7131-740981, shop@blumat.de, Tax Identification Number: DE815129733, Steuer-Nr.: 03730330035.
Head Office: bambach GbR, Peter-Spring-Str. 18, 65366 Geisenheim, Telefon: +49(0)6722-972168, Fax: +49(0)6722-75157, info@tensio.de.
§ 3 Saving the Contract Data
Your order and the data which you have given us in the process of placing your order will be recorded by us and can be reviewed at any time, even after your order is complete, by clicking on “Your Account“.
We will send an e-mail confirmation with all information concerning your order to the e-mail address you have given us. In addition, you have the possibility during the ordering procedure to print out the General Terms and Conditions as well as your Order with all the data, which you have given.
§ 4 Returns and Cancellation Policy
4.1 You, as a consumer, have the right to return or cancel for one month under the following terms:
Returns and Cancellation Rights
You can cancel your order / contract within one month in written form, without stating any reasons (i.e. letter, fax, e-mail), or, if you have already received your order before the deadline period has expired, by returning the items. The deadline period begins upon receipt of this explanation of rights in text form, however, not before the arrival of the goods by the recipient (when there are repeat deliveries of the same kind of article, not before the first partial delivery of goods) and also not before we have fulfilled our obligation to inform you of your consumer rights according to German law § 312c Paragraph. 2 BGB together with § 1 Paragraphs 1, 2 and 4 BGB-InfoV as well as our obligations according to German law § 312e Paragraph 1 Clause 1 BGB together with § 3 BGB-InfoV. Compliancy with the deadline is met either by sending the cancellation within the appointed deadline period or by returning the goods within this time period. Cancellations and returns are to be addressed to: bambach GbR, Karlsbader Str. 28, 74211 Leingarten, Fax: +49(0)7131-740981, shop@blumat.de.
Consequences of Returns or Cancellation
In the case of an effective cancellation, both parties must return any services rendered and, if applicable, the hereby resultant benefits (for example, interest). If you are unable to completely return the rendered services or only partially or in a worsened condition, then you are insofar responsible for compensating the value lost. This does not apply to goods diminished merely by the testing of the item, such as may be done in a store. You are not responsible for diminishment in value, when the product has been brought into operation as directed.
Items that can be shipped as a package are to be returned at our cost and risk. You are responsible for the cost of returning items insofar as these correspond to the items ordered and the items to be returned do not exceed a value of 40 Euro or, when the value is higher, you have not yet paid in full or made a contractual partial payment at the time of the cancellation. Otherwise, returns are free of cost for you. Items that cannot be shipped as packages will be picked up at the delivery address. Obligations for returning payments must be fulfilled within 30 days. The deadline period begins for you upon sending the declaration of cancellation and for us upon its receipt.
Exclusion from the Right of Cancellation
4.2 Cancellation rights do not apply for businesspersons as defined by German law § 14 Bürgerlichen Gesetzbuches (BGB) who have acted as agents of commercial or entrepreneurial enterprises when making the contract.
§ 5 Delivery Delays, Ownership Provision
5.1 Blumat-shop.de is only considered to have a delay in delivery when informed in writing by the customer no sooner than 2 weeks after the delivery deadline has expired. The customer is required, upon demand from us within a reasonable timeframe, to declare in writing if the delay constitutes grounds for cancellation of the contract and/ or for demanding compensation instead of the service, or if the customer wants to continue with the delivery.
5.2 The transfer of ownership of the delivered product is completed only after payment has been made in full. The customer does not have the right to pawn, to use as a security, to put to use, or to redesign the provisionally held goods. If the customer is in arrears with one or more payments, wholly or partially, stops his payments or has applied for an insolvency process covering his assets, then the customer no longer has the right to use the provisionally held goods as he wishes. In this case, we have the right to withdraw from the contract without having to set a deadline for the customer to fulfil payment. Also without withdrawing, we have the right to demand that the provisionally held goods be returned.
§ 6 Packaging and Delivery Charges
6.1 All prices include the value added tax as required by law, delivery charges will be charged in addition. The minimum order is 15.00 EUR. Orders of less than that will be charged an extra 5.00 EUR fee.
6.2 Delivery charges are as follows:
Standard Delivery
to Zone 1 (Belgium, Denmark, France, Luxemburg, Netherlands, Austria) bis 5 kg 12,00 EUR, bis 10 kg 14,70 EUR, bis 15 kg 18,20 EUR und bis 20 kg 20,60 EUR;
to Zone 2 (Great Britan, Italy, Sweden) bis 5 kg 15,40 EUR, bis 10 kg 18,70 EUR, bis 15 kg 24,60 EUR und bis 20 kg 27,80 EUR;
to Zone 3 (Ireland, Portugal, Spain, Finland) bis 5 kg 21,50 EUR, bis 10 kg 28,30 EUR, bis 15 kg 36,30 EUR und bis 20 kg 42,80 EUR;
to Zone 4 (Estonia, Latvia, Lithuania, Poland, Slovakia, Slovenia, Czech Republic, Hungary) bis 5 kg 22,40 EUR, bis 10 kg 31,80 EUR, bis 15 kg 37,60 EUR und bis 20 kg 44,40 EUR;
to Zone 5 (Liechtenstein, Switzerland, Greece) bis 2 kg 20,40 EUR, bis 5 kg 24,20 EUR, bis 7 kg 26,70 EUR und bis 10 kg 30,60 EUR;
to Zone 6 (Bosnia, Bulgaria, Croatia, Malta, Norway, Rumania, Russia, Serbia, Turkey, Ukraine, Cyprus) bis 2 kg 35,70 EUR, bis 5 kg 39,50 EUR, bis 7 kg 42,00 EUR und bis 10 kg 45,80 EUR;
to Zone 7 (Israel, Canada, USA) bis 2 kg 35,70 EUR, bis 5 kg 43,30 EUR, bis 7 kg 48,40 EUR und bis 10 kg 56,00 EUR;
to Zone 8 (Argentinia, Australia, Japan) bis 2 kg 38,20 EUR, bis 5 kg 49,70 EUR, bis 7 kg 57,30 EUR und bis 10 kg 68,80 EUR;
Premium Delivery
to Zone 1 (Liechtenstein, Switzerland, Greece) bis 2 kg 29,30 EUR, bis 5 kg 33,10 EUR, bis 7 kg 36,90 EUR und bis 10 kg 42,00 EUR;
to Zone 2 (Bosnia, Bulgaria, Croatia, Malta, Norway, Rumania, Russia, Serbia, Turkey, Hungary, Ukraine, Cyprus) bis 2 kg 44,60 EUR, bis 5 kg 50,90 EUR, bis 7 kg 54,80 EUR und bis 10 kg 61,10 EUR;
to Zone 3 (Estonia, Latvia, Lithuania, Slovenia) bis 5 kg 50,90 EUR, bis 10 kg 62,40 EUR, bis 15 kg 73,90 EUR und bis 20 kg 84,00 EUR;
to Zone 4 (Israel, Canada, USA) bis 2 kg 44,60 EUR, bis 5 kg 63,70 EUR, bis 7 kg 77,70 EUR und bis 10 kg 96,80 EUR;
to Zone 5 (Argentinia, Australia, Japan) bis 2 kg 49,70 EUR, bis 5 kg 76,40 EUR, bis 7 kg 95,50 EUR und bis 10 kg 122,20 EUR;
An extra charge of 6.30 EUR applies to the C.O.D. service (Cash on Delivery, available only within Germany). This consists of a fee of 4.30 EUR, which is collected by the delivery person, and a fee made by us of 2.00 EUR for the postal money order.
6.3 Extra customs duties may be charged for foreign deliveries, when applicable, duty charges are collected from the customer directly by the responsible customs officials. All customs and import fees that arise are the responsibility of the recipient. National import regulations for the particular product ordered are to be observed by the customer. We accept no responsibility as to the conformity of our products with guidelines and regulations for non-EU countries.
§ 7 Delivery
7.1 We deliver to the countries listed under 6.2. We use the German Post/DHL for our deliveries.
7.2 Unless stated otherwise in the product description, deliveries are made within 5 days of receiving payment.
7.3 Businesspersons and other contractual parties, who are not regarded as consumers, must inspect the delivered goods within 7 days of receipt for defects and immediately report any defects found. Otherwise, the delivered products are considered to be accepted.
7.4 If blumat-shop.de is unable to deliver the ordered goods due to a supplier not fulfilling his contractual commitments, and through no fault of ours, we reserve the right to withdraw from our obligation to the customer. In this case, the customer will be informed promptly that the ordered goods are not available. The legal claims of the customer remain intact. Any payments that have already been made will be returned without delay.
§ 8 Payment Terms
8.1 Payments can be made on by Cash on Delivery (COD), credit card or using Paypal. Blumat-shop.de reserves the right to restrict certain forms of payment.
8.2 Payment is due only after you have received an e-mail confirming your order. For the option, payment in advance, we will give you our bank account information on the confirmation.
8.3 Consumers will be considered to be in default of payment, without a reminder from us, when payment has not been made within 30 days of posting of the bill (recognizable by the date of billing on the invoice) and we have pointed out the default conditions on the bill or payment plan.
8.4 If you are a consumer, then default in payment will result in an additional charge. From the beginning of the default period and as long the default continues, you will be charged interest on the purchase price at a rate of 5% over the prime lending rate. If you are not a consumer, then the interest rate will be 8% over the prime lending rate for the period of default. We reserve the right to prove and claim a higher damage due to the delay in payment.
8.5 You are entitled to the right to offset only when your counterclaims have been made legally binding by court order or are indisputable or have been recognized in writing by us.
8.6 Your right to withhold may be practiced only as long as the claims are stemming from the same contractual relationship.
§ 9 Guarantee
The guarantee complies with the legal regulations.
§ 10 Data Protection
10.1 Personal Data
Personal data are information that refers directly to your identity such as: name, residential address, postal and delivery addresses, telephone number and e-mail address.
We save personal data only to the extent necessary for the processing of your order or, with your agreement, for purposes of establishing a customer account. With the exception of delivery companies and payment agencies, we do not release your personal data to third parties.
10.2 Anonymous Data
Upon visiting our Online Shop, information regarding access (date, time, page visited) may be saved on our server. These data are not personal data, rather anonymous data, which are used for statistical purposes only.
10.3 Use of Cookies
Cookies are used on certain pages; however, we are not able to reveal their use when it occurs. Most browsers are set up so as to accept cookies automatically. However, you can deactivate the function for saving cookies or program your browser to notify you as soon as a cookie is sent. When you exit our Website, the recorded data are erased.
10.4 GoogleAnalytics
On blumat-shop.de Websites, anonymous data are collected and saved using software from Google Inc., namely, GoogleAnalytics (http://www.google.com/analytics/) for purposes of marketing and optimisation. A user profile is created using a pseudonym. For this purpose, cookies may be used, however, data are collected and saved only in the form of a pseudonym. The data will not be used to personally identify visitors to our online shop and will not be combined with data over the holder of the pseudonym. The collecting and recording of data, also for future visits, can be revoked at any time. These data are collected solely for the purpose of data security and optimisation of our Website offers.
10.5 Newsletter
With your consent, which will be requested separately, we will use your data to send you our newsletter. You can revoke your consent at any time, also for the future. In addition, we use address lists for advertising purposes and market research. You can revoke your consent to send advertising e-mails at any time.
10.6 Information
You have a right to receive free information about your data that we have recorded as well as a right to correction, restriction or deletion of such data. For questions about collection, processing or use of your personal data, for information, correction, restriction or deletion of data, please contact us at: info@blumat.de
§ 11 Legal system, Legal venue
11.1 Only German law is valid, UN rights according to the Convention on Contracts for the International Sale of Goods are excluded.
11.2 This choice of law is valid for customers, who’s interest is not of a professional or commercial nature when entering upon a contractual relationship with us (consumer), only as long as the customer is not hereby deprived of the compulsory legal provisions of the country of residence.
11.3 The legal venue is Geisenheim, Germany, for all disputes stemming from the contractual relationship, when the person ordering is a merchant, a legal entity of the public sector or a separate estate under public law.
§ 12 Miscellaneous
12.1 The contractual languages are German and English. The German text of the Terms and Conditions of Business is the legally binding document.
12.2 If one or more provisions of the Terms and Conditions are invalid, then the rest of the contract remains valid. Insofar as the provisions are invalid, the content of the contract complies with the statutory provisions of law.
Stand 04.11.2008
