General Terms and Conditions of Boscoluce, owner Hubert Klamm Scheibenbergstr. 5a, D-86519-Unterwiesenbach and the website www.boscoluce.om, hereinafter referred to as "seller" or "we". (As of 01.March 2018)
Basis and General
- The following General Terms and Conditions (GTC) apply to all contracts and orders. Deviating conditions must be agreed upon in writing by both parties upon conclusion of the contract. The version in German language is valid. The other language versions on www. Boscoluce.com, serve only as additional non-binding information.
- Customers in terms of these terms and conditions are:
- Consumers as natural persons conclude contracts neither for industrial purposes nor for the purpose of a professional activity.
- Commercial customers as natural or legal persons or companies having legal capacity and acting for the purpose of carrying out their professional / commercial activity.
- Prices are in Euro (€) including the statutory value added tax (VAT). For commercial customers, the VAT is shown separately in the contract.
- Shipping costs depend on the size and weight of the products as well as the place of residence of the customer or company headquarters in case of commercial customers and are communicated to the customer in writing prior to conclusion of the contract. Usually via email.
- German law applies excluding the UN trade law and the German international private law.
- For technical reasons, the original colors may differ from those shown on Boscoluce.com.
Formation and conclusion of the contract
- The product presentations on www.boscoluce.com do not constitute a binding offer to buy. They should instead represent product information before submitting a purchase offer.
- The customer initiates a purchase request by clicking on the button "request". The seller usually responds within 5 working days by email and informs the customer about purchase price, delivery time, shipping method and payment methods and payment periods. At the conclusion of the purchase contract, the buyer sends an e-mail with a "binding order" to the seller.
- The goods remain the property of the seller until the time of full payment. Should the buyer fall into arrears, the seller reserves the right to charge default interest within the usual reasonable range.
Right of withdrawal for consumers
- The right of withdrawal applies only to consumers, but not for commercial customers.
- Consumers have a statutory fourteen-day right of withdrawal for distance contracts. The right of withdrawal does not apply to products that are made according to specific information of the buyer on his / her personal needs. It only applies to prefabricated goods / products.
Warranty and defects
- The seller is liable to consumers for material defects in accordance with §434 ff BGB (German Federal Law). When ascertaining material defects of the delivered products, the contractually agreed quality characteristics or the main product specifications listed on the website apply in the first place. The seller reserves the right to refuse the type of supplementary performance chosen by the buyer in the event of material defects, if this is only possible at disproportionately high costs and another type of supplementary performance without significant disadvantages for the consumer is possible. The buyer shall notify the seller of any material defects immediately, but not obvious defects at the latest, however, within 8 days after discovery of the defect in writing. Transport damage, especially if packaging is obviously damaged, must be reported to the transport company immediately.
- A warranty period of 12 months applies to commercial customers; the provisions of §377 HgB (German Trade Law) apply to the determination of material defects.
- Claims for damages of the customer beyond the warranty are excluded. Claims under the Product Liability Act remain unaffected.
- The seller is liable for breaches of duty in the form of
- gross negligence
- injury to life, body or health
- violation of a material contractual obligation (cardinal obligation)
The liability results from the legal regulations. The liability of the seller is limited to the compensation of the liability and product liability insurance.
- Bank details: Sparkasse Günzburg-Krumbach IBAN: DE 90 7205 1840 0040 4836 04 BIC: BYLADEM1GZK spk-gz-kru.de
- Jurisdiction Agreement: For commercial customers and legal entities under public law and persons who are not resident in Germany shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship with the seller, the registered office of the seller in 86519 Unterwiesenbach. If the customer is a consumer resident or habitually residing in a Member State of the EU, the claim may also be brought by a competent court of the Member State of residence.
- Note: The European Union (EU) provides a platform for online dispute resolution available at http://ec.europa.eu/consumers/odr/ .
End of the Terms
This version is valid from 1 March 2018