General Terms and Conditions § 1 Validity and definitions of terms
(1) The following General Terms and Conditions shall apply to all business relations between us and the Customer in the version valid at the time of the order.
(2) "Consumer" is any natural person who concludes a legal transaction for predominantly private purposes within the meaning of § 13 BGB.
(3) "Entrepreneur" is a natural or legal person or a partnership with legal capacity that concludes a legal transaction in the exercise of its commercial or independent professional activity within the meaning of § 14 BGB.
(4) "Customers" within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(5) Deviating, conflicting or supplementary General Terms and Conditions of Business of entrepreneurs, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
- 2 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of a contract apply to orders placed via our online store.
(2) In the event of the conclusion of a contract, the contract shall be concluded with:
(3) The presentation of the goods in our online store constitutes a legally binding offer to conclude a purchase contract on our part. The customer accepts this offer bindingly by ordering the desired goods. The purchase contract is concluded with the successful submission of the order by the customer.
(4) The following regulations apply to the submission of an order in our Internet store. The customer accepts our offer of contract in a legally binding manner by successfully completing the order procedure provided in our Internet store. The order is placed in the following steps:
Selection of the desired goods;
2. confirming by clicking the button "Add to cart";
3. check the information in the shopping cart; by clicking on the article heading, the respective article description is called up again; by entering a number in the "Quantity" field, the number of selected goods can be adjusted or set to zero and thus removed from the shopping cart;
4. confirmation by clicking the button "Checkout";
5. login with registered customer account, or specify the delivery address;
6. confirmation by clicking the button "Continue to shipping method";
7. selection of the shipping method;
8. confirmation by clicking the button "Continue to payment method";
9. selection of the payment method and, if necessary, indication of a billing address different from the delivery address;
10. binding sending of the order and acceptance of our offer by clicking the button "order subject to payment".
11. if you choose the instant payment system "PayPal", you will be redirected to the log-in page of PayPal after sending the order, to log in there with your data and confirm the payment; after confirmation, the customer will be redirected back to our online store;
12. if you choose the instant payment system "AmazonPay", you will be redirected to the log-in page of Amazon after submitting the order to log in there with your data and confirm the payment; after confirmation, the customer will be redirected back to our online store;
13. if you choose the instant payment system "Sofort", you will be redirected to the log-in page of sofort.com after submitting the order to enter your bank and online access data and confirm the payment; after confirmation, the customer will be redirected to our online store again.
(5) Before the binding submission of the order, the customer can go back one step in the ordering process by pressing the "back to" button and check and correct his details there. By closing the Internet browser, the ordering process is aborted. We confirm the receipt of the order and the conclusion of the contract immediately by an automatically generated e-mail.
(6) OneClickUpsell: If the customer has placed his order using the instant payment system "PayPay", "SOFORT", "AmazonPay" or "Stripe" (credit card payment), the customer will be shown a brief overview of products that thematically match the previously placed order after the automatic redirection to our online store (see § 2 para. 4 nos. 11-13). The customer has the possibility toöThe customer has the option to purchase one or more of the displayed products directly by clicking on the button "order with obligation to pay" (OneClickUpsell). The delivery/invoice address of the previously completed order is used. The payment is made via the same payment provider of the previously completed order. It is not necessary to log in again and/or confirm with the payment provider. However, this only applies to orders placed as part of the OneClickUpsell process that immediately follows the original order. The customer does not give us any general authorization to process payments automatically via PayPal or any other payment service provider. If the customer gives up the previous order at a later point in time, theöIf the customer places a new order (acceptance of our offer to purchase one or more products) at a later point in time, he has to go through the steps according to paragraph 4 again.
(7) Storage of the contract text for orders placed via our Internet store: We store the text of the contract and send you the order data and our GTC by e-mail. The GTC canöYou can also view the terms and conditions at any time at thebluegecko.de/pages/agb.
- 3 Prices, shipping costs, import duties (customs), payment, due date
(1) The stated prices include the statutory sales tax and other price components. In addition, there are any shipping costs and, if applicable, import taxes and duties.öduties.
(2) The goods in our online store are shipped directly by our Chinese distributor. Due to customs regulations, the customer as the recipient of the goods is the debtor. I.e. any import duties are to be paid by the customer.
a) However, upon request, we will of course reimburse the customer for any import duties that the customer has demonstrably had to pay for the delivery of the goods. The following costs canömay arise:
- Value of goods not greater than 1 Euro: no charges
- Value of goods between 1 Euro and 150 Euro: import sales tax in Höof 19 percent or 7 percent and the excise duty (for consignments of goods subject to excise duty).
- Value of goods greater than 150 euros: Calculation of duties according to the customs tariff (information on the calculation of duties can be found at http://www.zoll.de/DE/Privatpersonen/Postsendungen- Internetbestellungen/Sendungen-aus-nicht-EU-Staat/Zoll-und-Steuern/ Internetbestellungen/internetbestellungen_node.html.
b) Alternatively, if the customer does not wish to retain the delivery, we shall grant the customer aöb) Alternatively, we shall grant the customer a separate right of withdrawal if he does not wish to adhere to the delivery; the right of withdrawal and the statutory warranty provisions shall remain unaffected. To exercise the separate right of withdrawal, the customer shall send us the corresponding customs-specific notification, e.g. as a scan or photo, and inform us that he no longer wishes to adhere to the contract.öor ask us for repayment. Subsequently, the customer will be refunded the purchase price and any other payments made immediately to the means of payment used for the purchase.
used for the purchase.
(3) We will inform the customer in the online store which means of payment can be used.öpayment options are available. The customer selects the preferred payment method from the available payment methods independently.
(4) If the customer has selected payment by credit card, his account will be debited on the day of the order.
(6) If the customer has selected the payment method AmazonPay, the payment will be processed by the service provider Amazon Payments Europe S.C.A. 5, Rue Plaetis, LU-2338 Luxembourg subject to the AmazonPay user agreement, which can be viewed at https://pay.amazon.com/de/help/ 201751590. The AmazonPay user agreement is valid for the duration of the contract.önnen.
(7) If the customer has selected the payment method SOFORT, the payment will be processed by the service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, a company of the Klarna Group (Klarna AB (publ), Sveavägen 46, SE-111 34 Stockholm) under the terms of the Klarna user agreement, which can be viewed under https://www.klarna.com/de/agb/.önnen.
(8) The Entrepreneur may only offset an undisputed or legally established claim.
- 4 Delivery, Transfer of Risk
(1) The information on delivery times can usually already be found in the product description. If this is not the case, delivery will be made within a maximum of six weeks. The delivery period for all payment methods begins one day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall not pass to the customer until the item is handed over to the customer, even in the case of a mail order purchase.
(3) If the customer is an entrepreneur, the risk and danger of the shipment shall pass as soon as the goods have been handed over by us to the commissioned logistics cooperation partner.
(4) If the customer is an entrepreneur, we reserve the right in the event that we cannot meet a delivery deadline for reasons for which we are not responsible.ö(4) If the customer is an entrepreneur, we reserve the right, in the event that we are unable to meet a delivery deadline for reasons for which we are not responsible, to set a new reasonable delivery deadline after immediately informing the customer. If the ordered item is still not available within this new delivery period, we shall be entitled to withdraw from the contract in the case of entrepreneurs. We will immediately refund any consideration already paid.
- 5 Retention of title
(1) If the customer is a consumer, we retain title to the goods until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, we shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we shall be obliged to release the reserved goods.
(3) If the customer is an entrepreneur, he shall be entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount oföamount of the invoice, which accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur shall be authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment. The processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods are processed by the entrepreneur, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same shall apply if the goods are combined by entrepreneurs with other goods not belonging to us.önot belonging to us.
- 6 Statutory liability for defects
(1) The statutory warranty provisions shall apply.
(2) For entrepreneurs, warranty claims shall become statute-barred one year after delivery of the goods; § 478 BGB shall remain unaffected. In the case of consumers, warranty claims shall become statute-barred one year after delivery of the goods only in the case of used goods.
(3) The shortening of the limitation period shall not apply to warranty claims for damages based on gross negligence or intent or the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place.öand on the observance of which the buyer may regularly rely.
(4) Claims for damages due to injury to life, limb or health shall be excluded.öor health or on the basis of the Product Liability Act shall remain unaffected.
- 7 Limitation of liability
(1) We exclude liability for damages caused by simple negligence, unless these result from the violation of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract.öThe fulfilment of these obligations is essential for the proper execution of the contract and the contracting party may regularly rely on their fulfilment, guarantees for the quality of the object of purchase, damages resulting from injury to life, limb or health.öhealth or claims under the Product Liability Act are concerned. The same shall apply to breaches of duty by our vicarious agents.
(2) In the event of a breach of material contractual obligations, liability in cases of ordinary negligence shall be limited to the damage typically associated with the contract and foreseeable.
- 8 Right of withdrawal of the customer as a consumer:
Right of withdrawal 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 can predominantly be attributed neither to his commercial nor to his independent professional activity.önnennen:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not theörderer, has taken or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
CMB ROCK YOUR TRADE GmbH
by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You canöYou can use the attached model cancellation form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we will return to you all payments that we have received from you, including
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 fourteen 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 canöWe 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 without undue delay and in any case no later than within fourteen 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 fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion or early redemptionöof the right of revocation
The right of revocation does not apply to contracts
for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery. End of the cancellation policy
- 9 Customer service
Our customer service for questions, complaints and objections is available on weekdays from 09.00 to 18.00 o'clock under
CMB ROCK YOUR TRADE GmbH
- 10 Information according to § 36 VSBG
We do not intend to participate in an alternative dispute resolution procedure and are not obliged to do so.
- 11 Online arbitration
The European Commission provides a platform for online dispute resolution (OS), which you can reach at: https://www.ec.europa.eu/consumers/odr; our e-mail address is: firstname.lastname@example.org .
- 12 Contractual language, choice of law, place of jurisdiction
(1) The contractual language is German.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not precluded by mandatory provisions of the law of the country in which the consumer has his or her principal place of business.öconsumer has his habitual residence. (3) If the customer is a merchant, a legal person of the öpublic law or öpublic-law special fund.öIn the event of any disputes arising from this contract, the exclusive place of jurisdiction shall be our place of business.
- 13 Severability clause
In the event that one or more provisions of these Terms and Conditions should be invalid or unenforceable or subsequently become so, the remaining provisions shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
Status of the GTC: September 2021