Terms of Service
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of BOULINA (hereinafter the "Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter the "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby excluded unless otherwise agreed.
1.2 These GTC also apply to contracts for the supply of vouchers, unless otherwise agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity.
1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a legally recognized partnership that, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve as a basis for the Customer to make a binding offer.
2.2 The Customer may make the offer using the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer in respect of the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives are available, the contract shall come into existence at the time when the first of the above alternatives occurs. The period for accepting the offer shall begin on the day after the offer is sent by the Customer and shall end at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, the payment shall be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and communication shall generally take place by email and through automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller to this address can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to handle order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the stated prices are total prices including statutory value added tax. Any additional delivery and shipping costs shall be stated separately in the respective product description.
4.2 The payment method(s) shall be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer is agreed, payment shall be due immediately upon conclusion of the contract unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed by PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it provides credit to the Customer (e.g., purchase on account or installment payments), it hereby assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit check using the submitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment may only be made to PayPal or the payment service provider commissioned by PayPal with the effect of discharging the Customer's obligation. However, even in the event of the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and associated returns, or credits.
4.5 If the payment method "SOFORT" is selected, the payment shall be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the Customer must have an online banking account enabled for participation in "SOFORT", properly authenticate during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately thereafter by "SOFORT", and the Customer's bank account will be debited. Further information on the payment method "SOFORT" can be found online at https://www.klarna.com
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and the Customer may be separately informed of these. Further information on "Shopify Payments" can be found online at https://www.shopify.com
4.7 If the payment method credit card via Stripe is selected, the invoice amount shall be due immediately upon conclusion of the contract. The payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the purpose of processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of return shipping if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's withdrawal policy shall apply to the return shipping costs.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods shall generally only pass to the Customer upon delivery of the goods to the Customer or a person entitled to receive them. Notwithstanding the foregoing, the risk of accidental loss or accidental deterioration of the sold goods shall also pass to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, even for consumers, if the Customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment to perform the shipment and the Seller has not previously designated this person or entity to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has exercised due diligence in concluding a specific cover transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides credit, it shall retain title to the delivered goods until full payment of the purchase price due has been received.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the supply of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller shall have the choice of the type of supplementary performance;
- for new goods, the limitation period for defects shall be one year from delivery of the goods;
- for used goods, rights and claims for defects are excluded;
- the limitation period shall not restart if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following limitation shall apply to contracts for the supply of used goods: The limitation period for defect claims shall be one year from delivery of the goods if this has been expressly and separately agreed in writing between the parties and the Customer has been specifically informed of the shortened limitation period before submitting their declaration of intent.
7.3 The above-stated limitations of liability and shortened limitation periods shall not apply
- to the Customer's claims for damages and reimbursement of expenses,
- if the Seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their usual intended use for a structure and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, the Customer is subject to the commercial duty to inspect and notify defects pursuant to Section 377 of the German Commercial Code. If the Customer fails to comply with the notification requirements set out therein, the goods shall be deemed accepted.
7.6 If the Customer acts as a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on their statutory or contractual defect claims.
8) Liability
The Seller shall be liable to the Customer for all contractual, contract-like, and statutory claims for damages and reimbursement of expenses, including claims in tort, as follows:
8.1 The Seller shall be liable without limitation under any legal basis
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise agreed,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to contract-typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is necessary for the proper performance of the contract, and whose observance the Customer may regularly expect.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The above liability provisions also apply to the Seller's liability for its vicarious agents and legal representatives.
9) Special Conditions for the Processing of Goods According to Specific Customer Requirements
9.1 If, in addition to the delivery of goods, the seller is also obliged under the contract to process the goods according to certain specifications provided by the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the necessary usage rights for this purpose. The customer is solely responsible for obtaining this content and acquiring the necessary rights. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed thereby, especially copyright, trademark and personality rights.
9.2 The customer shall indemnify the seller against any claims from third parties that may be asserted against the seller in connection with an infringement of their rights resulting from the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and legal fees to the extent provided by law. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to assess the claims and mount a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates statutory or regulatory prohibitions or public decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.
10) Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns, which are valid for a specified period and cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher campaign if such a restriction is stated in the terms and conditions of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. They cannot be applied retrospectively.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partly with the promotional voucher under their statutory right of withdrawal.
10.9 The promotional voucher is intended solely for use by the person named on it. The transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the ordering process. They cannot be applied retrospectively.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
11.8 The gift voucher is transferable. The seller may discharge its obligations to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller knows or is grossly negligent in not knowing that the respective holder is not entitled to the voucher, lacks legal capacity or is not authorised to represent the person.
12) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.
13) Alternative Dispute Resolution
13.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu
This platform provides an alternative out-of-court settlement for disputes arising from online purchase or service contracts involving consumers.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.