Warunki partnerskie & Warunki
General terms and conditions and customer information
I. General terms and conditions
§ 1 basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (BOOMBEE B.V.) via the website www.markuseurope.shop. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can mainly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the listing of the respective product on our website we submit you a binding offer to conclude a contract under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or you will first be taken to the website of the provider of the Instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the option to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "order with payment" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(2) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 liability
(1) We are fully liable for damage from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (Part II).
(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly trust that they will be observed.
(2) Liability for minor negligent breaches of duty is excluded in the event of a breach of immaterial contractual obligations.
(5) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. We are not liable for the constant or uninterrupted availability of the website and the different location offered service.
§ 5 choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favorability).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
Customer information
II. Customer information
Identity of the seller
Karin & Udo Menschig
BOOMBEE B.V.
Celsiusstraat 32,
1704RW Heerhugowaard,
Netherlands
Tel. + 31-208086079
Commercial register number: 63931354
VAT number: NL855457971B01
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.
We are not ready to participate in dispute settlement procedures before consumer arbitration boards.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with § 2 of our general terms and conditions (part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you have a request for a quote outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
7. Statutory liability for defects
7.1. There are statutory rights to liability for defects.
7.2. As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
These general terms and conditions and customer information were drawn up by the lawyers of the dealer association who specialize in IT law and are constantly checked for legal conformity. The dealer association Management AG guarantees the legal security of the texts and is liable in the case of warnings.
You can find information on this at: http://www.haendlerbund.de/agb-service (http://www.haendlerbund.de/agb-service).