General Terms and Conditions
General Terms and Conditions
§ 1 Scope
These terms and conditions shall apply to all sales shops in Bellona, Frankfurt (hereinafter referred to as Bellona) dealing with residential customers. Residential customers shall be understood as those with a residence and delivery address in the Federal Republic of Germany, insofar as the goods they ordered can be attributed to their commercial or independent professional activity.
§ 2 Conclusion of Contract
All offers from this shop are subject to change. Your order in our shop constitutes a binding offer to conclude a purchase agreement, which we assume as a legally binding purchasing contract upon the order confirmation message or by sending the goods.
§ 3 Payment
The buyer shall pay in advance by credit card, PayPal or via wire transfer upon goods receipt.
Note on Purchase Orders: For the purpose of deciding on the establishment, implementation or termination of the contract, we collect or use probability values in their calculation among other address data.
§ 4 Late payment
Upon late payment, Bellona shall be entitled to charge default interest at a rate of 5 percentage points above the annual base rate announced by the Deutsche Bundesbank at the time the order is placed. In case Bellona suffers a greater loss proven to be caused by delayed payment, Bellona shall be entitled to assert the claim.
§ 5 Right of Retention
To buyer shall be entitled to exercise his right of retention insofar as his counterclaim is based on the same contract.
§ 6 Delivery
(1) The goods shall be delivered to the customer's delivery address.
(2) Bellona shall not be held liable should delivery or any other service prove permanently unfeasible in case of force majeure. Any amounts already paid shall be promptly refunded by Bellona.
(3) Bellona may also refuse to perform should this require an effort that, under consideration of the contents of the purchase contract and the principle of good faith, is grossly disproportionate to the client's interest in the fulfilment of the contract. Any amounts already paid shall be promptly refunded by Bellona.
§ 7 Returns
(1) Please use the original packaging, even if damaged upon functional testing, to return the product and its accessories. Even if not compulsory, returning the original packaging may avoid that we demand compensation for the missing original packaging.
(2) Good shall not be returned freight collect - we will incur postage costs as required.
§ 8 Reservation of Proprietary Rights
Until complete settlement of all claims existing against the customer arising from the purchase contract, the goods remain the property of Bellona. As long as these retain ownership, the customer may neither resell the goods nor dispose of the goods in any way.
§ 9 Warranty Rights
The guarantee of Belllona shall be governed by the Civil Code.
§ 10 Liability
(1) In case of slight negligence, Bellona shall be held liable only for the breach of contractual obligations, however, restricted to the foreseeable damage. Such limitation shall not apply in the event of loss of life, physical injury, and damage to health Bellona shall not be liable for slight negligence connected to damages arising from deficiencies of the purchased goods.
(2) Regardless of any fault of Bellona, the liability for fraudulent concealment of the defect or the provision of a guarantee remains unaffected.
(3) Bellona shall be also liable for damages arising during the delay caused by its accidental inability to deliver, unless such damages would have occurred even with timely delivery.
(4) It shall be excluded any personal liability of legal representatives, agents and employees of Bellona for damages caused by their slight negligence.
§ 11 Applicable Law
The concluded contract between the buyer and Bellona shall be governed by the laws of the Federal Republic of Germany excluding the UN purchase right.
§ 12 Place of Jurisdiction, Online Dispute Resolution/ Dispute Resolution Consumers
(1) Unless your order details indicate you are not domiciled in the Federal Republic of Germany, or move your residence abroad following the conclusion of this contract, or your residence at the time the action is filed is not known, the place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Frankfurt.