Terms of use
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
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. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Maria Katharina Schönstein.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of delivery
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
In our shop, the following payment methods are generally available to you:
Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
You enter your credit card details in the order process. Your card will be charged immediately after placing the order.
SEPA direct debit
When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account is debited before the goods are dispatched.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will find further information on the respective payment option and in the order process.
PayPal
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). The account will be debited before the goods are dispatched.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and creditworthiness check and is made directly to PayPal.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and 24 and 31 December each year. You will receive further information in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information on the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Klarna credit card
You enter your credit card details in the order process. Your card will be charged by Klarna immediately after placing the order. An address and creditworthiness check does not take place.
Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the debit (so-called prenotification). The account will be debited after the goods have been dispatched.
Instalment purchase via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment is 6.95 euros.
Cash payment upon collection
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Reservation of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Damage in transit
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Defect liability law
Unless expressly agreed otherwise, the statutory law on liability for defects shall apply.
The following limitations and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions towards entrepreneurs
With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations towards merchants
Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Notice to consumers
We would like to inform you that in the case of the sale of used goods to consumers, we may shorten the limitation period with regard to the warranty rights for defects to one year from the delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 am to 4:00 pm under the telephone number +49 821 57089528 and by e-mail at service@bohoria.de.
10. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- the case of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Terms and conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.
