1. Applicability
2. Offers, service descriptions
3. Ordering process, conclusion of contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Retention of title
8. Product guarantee, warranty
9. Liability
10. Storage of the contract itself
11. Concluding remarks
1. Applicability
1.1. For the business relationship between Bonjour Berlin, owner: Ruslan Scharfmann, Kurfürstendamm 197, 10719 Berlin, Germany and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. If you have any questions or complaints, please contact our customer service, which can be reached on weekdays from 10:00 a.m. to 7:00 p.m. on 0177 3939612. You can also send an email to info@bonjour-berlin.com .
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Neither the customer's own conditions nor those that deviate from these General Terms and Conditions will be recognized unless the seller expressly agrees to their validity.
2. Offers, service descriptions
The presentation of products in the online shop is to be understood as an invitation to order and does not constitute a legally binding offer. Service descriptions in catalogs or on the seller's website cannot be equated with a promise or a guarantee.
All offers are valid “while stocks last”, unless otherwise stated in the respective product description. Errors excepted.
3. Ordering process, conclusion of contract
3.1. The customer can select the products of his choice from the provider's range and collect them in a so-called "shopping cart" using the "Shopping Cart" button. The customer can then go to their shopping cart and change their selection as needed, for example by removing a product from the shopping cart. If the customer is satisfied with their selection, they can proceed to the final step of the ordering process using the "Pay" button.
3.2. By clicking the [ORDER FOR A COST] button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change his order data at any time and return to the shopping cart using the "back" function of his browser or cancel the ordering process. Important entries are marked with an asterisk (*).
3.3. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which can be printed out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer's order by the seller and cannot be equated with acceptance of the order. A binding purchase contract is only concluded when the seller ships or hands over the ordered product to the customer within 2 days or dispatches the ordered product within 2 days by sending a second email, an order confirmation or an invoice to the customer confirmed.
3.4. If the seller offers the option of advance payment, the contract is concluded at the time the customer provides his bank details and complies with the payment request. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite the due date and reminder, the seller is entitled to withdraw from the contract, whereby the order becomes invalid and the seller is released from its delivery obligation. At this point, the order is considered completed without any further consequences for the customer or the seller. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.
4. Prices, delivery costs
4.1. All prices stated on the seller's website include VAT at the applicable rate.
4.2. The seller charges delivery costs in addition to the stated prices. The delivery costs are clearly explained to the customer on a separate website and during the ordering process itself.
5. Delivery, product availability
5.1. If the customer chooses the payment method in advance, delivery will only take place after receipt of the invoice amount.
5.2. The seller is entitled to withdraw from the contract if delivery of the goods fails due to the customer's fault despite three delivery attempts. Payments already made by the customer will be refunded immediately.
5.3. The seller is entitled to withdraw from the contract if the ordered product is not available because the seller is not supplied with the desired product by his supplier through no fault of his own. In this case, the seller will inform the customer immediately and, if necessary, offer to deliver a comparable product. If no comparable products are available or the customer does not wish to have a comparable product delivered, the seller will immediately reimburse the customer for payments already received.
5.4. The customer will be informed of delivery times and delivery restrictions (e.g. delivery to certain countries to the exclusion of others) on a separate website or in the respective product description.
6. Payment Terms
6.1. The customer is free to choose one of the available payment methods during the ordering process; the selection is made before completing the ordering process. Customers are informed about the available payment methods on a separate website.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the corresponding invoice. For all other payment methods, full payment must be made in advance.
6.3. If third parties are commissioned to process payments (e.g. PayPal), the general terms and conditions of these providers apply.
6.4. If the due date for the payment is defined as a calendar date, the customer will be in default as soon as he does not meet the due date and will owe the statutory default interest.
6.5. The buyer's obligation to pay default interest does not exclude the assertion of other default damages by the seller.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only assert a right of retention if his claims result from the same contractual relationship as the seller's claims.
7. Retention of title
The seller reserves ownership of the delivered goods until full payment has been made.
8. Product Guarantee and Warranty
8.1. The seller offers a guarantee within the framework of the legal provisions.
8.2. The goods delivered by the seller are only subject to a guarantee if the customer was expressly informed of such a guarantee and its conditions before the ordering process began.
9. Liability
9.1. The following exclusions and limitations of liability in connection with the seller's obligation to pay damages apply regardless of the other legal claims requirements.
9.2. The seller has unlimited liability if the damage was caused intentionally or through gross negligence.
9.3. The seller is also liable for slight negligence in the event of a violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, and for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. In this case, however, the seller's liability is limited to the foreseeable damage that is typical for the contract. The seller is not liable for slight negligence in the event of a breach of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply to damages resulting from injury to life, body or health, to defects that were discovered after a guarantee was given for the quality of the product or to defects that were fraudulently concealed. Liability under the law on liability for defective products remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract itself
10.1. The customer can print out the contract using the print function of his browser in the last step of the ordering process (i.e. before submitting his order to the provider).
10.2. The seller also sends the customer an order confirmation with all order details to the email address provided by the customer. In addition, the customer will receive a copy of the seller's general terms and conditions with the order confirmation or at the latest with delivery of the goods (including the seller's cancellation policy and information about shipping costs and the seller's shipping and payment conditions). If you have registered in our shop, you can view the orders you have placed in your profile. We also store the contract in your profile, but do not make it accessible on the Internet.
11. Concluding remarks
11.1. The place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The language of the contract is German.
11.3. European Commission Consumer Platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/ . We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.