Terms and Conditions of BSTN Store GmbH

§ 1 Scope and definitions

1. These terms and conditions apply to all business relations between us and the customer in force at the time of the order.
2. „consumer“ within the meaning of these Terms and Conditions shall mean any natural person who does business with us for a purpose that is neither commercial nor their independent vocational activity may be attributed to (§ 13 BGB).
3. „Contractor“ for the purposes of these Terms, all-natural or legal persons or partnerships with legal personality, the contact us in business, and acting in the exercise of their commercial or self-employment (§ 14 BGB). If a contractor is not acting in the exercise of his trade, business, or occupation, his specific rights for consumers to also benefit. He is regarded as a consumer within the meaning of these terms and conditions.
4. „Customer“ in the sense of these General Terms and Conditions are both consumers and entrepreneurs to understand.
5. Terms of entrepreneurs who stand in our terms and conditions of this or this supplement are even informed, not part of the contract unless, that their validity is expressly agreed in writing.

§2 Conclusion of a contract, Storage of contract

1. The following rules apply to the contract orders through www.bstn.com.
2. If a contract, it is with

 

BSTN Store GmbH

represented by

the Managing Director Roberto Aufiero

Kühler Weg 1
82065 Baierbrunn
Germany

closed.

 

The set of goods in our online shop is not a legally binding offer by us but is merely a non-binding invitation for the customer to order this product. The customer is only a binding contract offer when it passes through the ordering procedure foreseen in our Shop:

 

1. Select the desired product by clicking the „Add to cart“ button
2. Check the basket
3. Press the button „Checkout“
4. Select the button „Next“
5. Sign in to the webshop after your registration and enter your details (e-mail address and password).
6. check your details.

7. Binding sending the order through the „order now“ button.

 

Before the mandatory sending of the order, the customer can return to the page on which the data were collected, which has made the customer during the order process by clicking the „Back“ button of their browser to check its details again. There he can correct any error or exit the ordering process by closing the Internet browser. It is not allowed to use technical aid (e.g. Bots) for the In-App Chases. BSTN reserves the right to cancel suspicious scores or orders without a separate explanation or justification for the cancelation. After receiving the order we confirm this by automatically composed an email. However, this email does not constitute acceptance of the offer on our part dar. is an acceptance of the offer by us in writing, in writing, or by delivering the goods.

§3 Prices, Shipping, Payment, Maturity

(1) All prices include VAT and other price components. This does not include any shipping costs.

(2) you are able to pay via vorkasse (debit) or PayPal.

(3) If a customer pays through PayPal or Direct Debit, he is committed to paying the corresponding amount of money right after the contract formation.

(4) Customers will receive an invoice along with the delivery. Customers will receive an invoice about the respective partial amount on partial delivery.

§4 Delivery, transfer of risk

(1) If we do not explicitly specify in the product description something different, set all of us in the Internet shop goods can be shipped immediately.

(2) If the customer is a consumer, a transfer of the risk of accidental loss and accidental deterioration of the goods until the goods are delivered to the customer takes place.

(3) If the customer is an entrepreneur, a transition takes the risk of accidental loss and accidental deterioration of the goods already held when we hand over the goods to the logistics companies contracted by us.

§5 Retention of title

(1) If the customer is a consumer, we retain ownership of the goods until full payment of the purchase price.

(2) If the customer is an entrepreneur, we reserve title to the goods until full payment of all claims which arise from the current business relationship. If the value of the goods the secured claims from the current business relationship by 10%, we are required to release the reserved goods.

(3) If the customer is a business, this may resell the goods in the ordinary course of business. In this case, he now assigns to us all claims in the amount of the invoice amount, the customer grows by a further sale to third parties in relation to these. We accept the assignment already now. The contractor is authorized by us after the assignment to collect the debt. However, we reserve the event. That the contractor does not fulfill his payment obligations, and in default of payment, the right to collect the claim itself. The processing and handling of the goods delivered by an entrepreneur is the name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This ownership is measured relative to the value of the goods supplied by us. The same applies if the goods by an entrepreneur processing or mixing with such objects that do not belong to us.

§6 Warranty

(1) For consumers, the statutory warranty regulations.

(2) statute of limitations for used items warranty claims for consumers in derogation of one year from date of delivery. Such a shortening of the period of limitation, however, does not apply to warranty claims, which have a result in damages and where intent or gross negligence or breach of fundamental contractual obligations is present. Significant contractual obligations are those by whose fulfillment a proper implementation and execution of the contract is at all possible and on which a buyer can usually trust.

(3) Claims for damages by consumers because of an injury to life, body, or health or due to provisions of the Product Liability Act (Product Liability Act) are unaffected. For any of our agents, the same rules apply.

(4) Warranty claims that are not directed to compensation for entrepreneurs to expire one year from the date of delivery. This does not affect the statutory limitation periods for recourse by the contractor according to § 478 BGB.

(5) Within the scope of these Terms and Conditions shall be obliged to examine the received goods immediately on quantity and quality deviations. Obvious defects must be reported to us in writing within a period of one week from receipt of the relevant goods. The assertion of warranty claims is excluded if the contractor fails to fulfill the obligation to display. The employer is obliged to notify us of hidden defects within a period of one week’s written notice. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the defect is dispatched on time. The burden of proof for any claim, especially for the defect itself, the time of its establishment, and for the timeliness of the complaint, in this case, carries the entrepreneur.

§7 Limitation of Liability

Liability for damages that are caused by simple negligence is excluded, unless they result from the violation of essential contractual obligations, a guarantee for the quality of the purchase object affect, damages resulting from injury to life, body or health or claims under the Product Liability Act (Product Liability Act) are affected. Significant contractual obligations are those by whose fulfillment a proper implementation and execution of the contract is at all possible and on which a buyer can usually trust. For any of our agents, the same rules apply. A liability for the violation of essential contractual obligations is, in cases of simple negligence is limited to damages that are foreseeable and connected with the contract typically.

§8 Right of Withdrawal as a consumer

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without having to provide a reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has/have taken possession of the goods. To exercise your right of withdrawal, you must inform us (BSTN Retoure, Kuehler Weg 1, 82065 Baierbrunn, Germany) of your decision to withdraw from this contract by providing us with a clear statement (e.g. by letter sent through the post, by fax or e-mail). For this purpose, you may use the enclosed specimen withdrawal form, which is however not obligatory. In order to comply with the withdrawal period, it suffices that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

(excluding additional costs arising from a choice of delivery other than the lowest-price standard delivery offered by us) immediately and at the latest within fourteen days of receiving your notice of withdrawal from this contract. This refund shall be made using the same payment method used in the original transaction unless expressly agreed otherwise with you. You will not be charged additional fees in terms of this refund under any circumstances. We can refuse to make the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier date. The goods must be sent or handed back to us without delay, and in any case at the latest within fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods back prior to the expiry of the deadline of fourteen days. We shall bear the direct costs for returns within Germany if the purchase price for the item to be returned is €40 or more, provided that you process the return through the DHL link for returned goods offered by us, which you will find under „Returns“. For goods whose purchase price is below €40, or for returns from abroad, the customer shall bear the costs of returning the goods. Returns should be addressed to:

BSTN Retoure, Kuehler Weg 1, 82065 Baierbrunn, Germany

You will be responsible for any loss in value of the goods only if this loss in value is attributable to unnecessary handling of the goods to check their properties, characteristics, and function.

§ 9 Contract provisions regarding the return costs for revocation

We shall bear the direct costs for returns within Germany if the purchase price for the item to be returned is €40 or more, provided that you process the return through the DHL link for returned goods offered by us, which you will find under „Returns“. For goods whose purchase price is below €40, or for returns from abroad, the customer shall bear the costs of returning the goods.

§10 contract language, choice of law and jurisdiction

(1) The implementation and execution of the contract is exclusively the German language into consideration.

(2) The contractual relations between the law of the Federal Republic of Germany, the CISG is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only to the extent that the protection granted is revoked by mandatory provisions of the laws of the State by the consumer has his habitual residence.

(3) If the customer is a merchant, legal entity under public law or public law special fund, shall have exclusive jurisdiction for all disputes arising from this contract is our registered office.

§ 11 Cof the Code of Conduct

We have subjected us no codes.

§ 12 Customer service

Our customer service for questions and complaints is available weekdays from 09:00 to 13:00 and 14:00 to 17:00 CET via

Phone: +49 89 54320073

E-Mail: [email protected]

§13 Severability

If one or more provisions of these terms and conditions are invalid or unenforceable, this they afterward, the remaining provisions shall remain unaffected. This applies not only when a party is disadvantaged as unreasonable by the elimination of individual clauses that you can not be expected to adhere to the contract.

 

State of Terms: 09/08/2018