AGB

General terms and conditions for purchases in the balkis-dog-supply online shop

 

§ 1 General, scope of the General Terms and Conditions

1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions do not apply.

1.2 The contractual partner is Balkis GmbH, authorized representatives: Julius Zöllner, Kaullache 4, 96328 Küps-Schmölz, email: info@balkis-dogbeds.com, VAT ID no. DE 344319702 (hereinafter "Seller" or "we").

1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer” or “you”). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the contract with the seller, act in the exercise of their commercial or independent professional activity.

 

§ 2 Conclusion of the contract, conclusion of the contract

2.1 You can order from us in our online shop. With your order you submit a binding offer to us to conclude the contract with you. We can accept this offer by sending you an order confirmation within 3 days of receipt of your order. The contract is concluded with the transmission of this order confirmation.

2.2 When ordering in our online shop, you can view products in more detail by clicking on the product name or the product image. By clicking on the button [Add to shopping cart] you can place the desired item in the shopping cart. You can view the contents of the shopping cart without obligation at any time by clicking on the [Your shopping cart] button. You can remove the products from the shopping cart by clicking on the graphic [X] or by changing the number under "Quantity". If you want to buy the products in the shopping cart, click on the [Checkout] button on the "Shopping Cart" page. In the course of the further ordering process, set up a customer account and select the payment method below. In the last step, under "Confirmation" you will receive an overview of your order data and you can check all the information and delete or change it under [correct]. You can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting from the beginning. In order to complete the purchase, you must press the [Order now with obligation to pay] button. This sends the order to us.

 

§ 3 Storage of the text of the contract

We save your order and the entered order data. We will send you an order confirmation by e-mail and then an order confirmation with all order data. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. After all, you have access to the orders you have placed at any time via your customer account.

 

§ 4 Right of withdrawal for consumers

The following right of withdrawal only applies to consumers in distance selling:

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Balkis GmbH & Co. KG, Kaullache 4, 96328 Küps-Schmölz, email: info@balkis-dogbeds.com by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. Balkis GmbH & Co. KG will bear the shipping costs for returning the goods. However, prior agreement with Balkis is required.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

§ 5 Sample revocation form

(If you want to revoke the contract, please fill out this form and send it back.)

An

Balkis GmbH & Co. KG

Kaullache 4

96328 Baked Schmölz

Email: info@balkis-dogbeds.com

I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase

of the following goods (*)/the provision of the following service (*)

 

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

Datum

(*) Delete where not applicable.

 

§ 6 prices and shipping costs

All prices include VAT plus shipping costs.

The shipping costs are calculated as a flat rate per order.

Here is an overview of the flat-rate shipping costs:

§ 7 Terms of Delivery

7.1 Delivery takes place within 7 working days. The period begins with the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday, the next working day will take its place.

 

§ 8 Terms of Payment

8.1 Payment is made by credit card, Paypal or Sofort. (instant transfer to Klarna).

8.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

8.3 You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

8.4 If you are a consumer, the purchase price is subject to interest of 5% above the base interest rate when the payment default occurs during the default period. If you are not a consumer, the interest rate during the delay in payment is 8% above the base rate. We reserve the right to prove and claim higher damages caused by delay.

 

§ 9 Warranty

9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty is based on the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods are to be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to do so, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect appears later, the notification must be made immediately after discovery, otherwise the goods are deemed to be approved, even in view of this defect. § 377 HGB remains unaffected. The customer is not relieved of his obligation to examine, even in the event of recourse by the entrepreneur according to Section 478 of the German Civil Code. If, in such cases, he does not immediately report the defect asserted by his customer, the goods shall be deemed to have been approved, even with regard to this defect.

9.2.2 If there is a defect, we are entitled to determine the type of supplementary performance, taking into account the type of defect and the legitimate interests of the customer. Subsequent performance is deemed to have failed in these contracts after the third unsuccessful attempt. This number does not apply in the case of recourse according to § 478 BGB.

9.2.3 In the event of supplementary performance in the event of defects, we are only obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, if these do not increase as a result of the item being transported to a different location than the headquarters or the commercial establishment of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, expire in one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of §§ 438 Para. 1 No. 2 BGB and § 634a Para. 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, limb or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

 

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we are liable for damages in accordance with the statutory provisions.

10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 10.2 to 10.8:

10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability is limited to the foreseeable, typically occurring damage.

10.2.2 If we or our representatives or vicarious agents have culpably violated an obligation, the fulfillment of which is essential for the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and on compliance with which the customer regularly relies - and no case of liability according to the statutory provisions - liability is limited to foreseeable, typically occurring damage.

10.2.3 Unless otherwise specified in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same also applies insofar as recourse claims are asserted against us as the supplier in accordance with Section 478 of the German Civil Code.

10.3 The exclusions and limitations of liability under Section 10.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.

10.4 The exclusions and limitations of liability under Section 10.2 do not apply to any existing claims in accordance with Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a service success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

10.5 We are only liable for assuming a procurement risk if we have expressly accepted the procurement risk in writing.

10.6 If the limitation of liability according to Section 10.2 does not apply to claims arising from producer liability according to § 823 BGB, our liability is limited to the compensation paid by the insurance company. If this does not occur or does not occur in full, we are liable up to the amount of the coverage. This clause does not apply in the event of culpable injury to life, limb or health.

10.7 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

 

10.8 A reversal of the burden of proof is not associated with the above provisions.

 

§ 11 Customer Service

For questions, complaints or complaints, you can reach us at email: info@balkis-dogbeds.com. You can also contact us via our contact form. We will process your request as quickly as possible.

 

§ 12 Legal system, place of jurisdiction

12.1 German law applies to the exclusion of the UN Sales Convention. The contract language is German.

12.2 For customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumer), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.

12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is based on the registered office of our company in Bingen.

 

Stand 17.01.22