General terms and conditions and customer information
I. I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following Terms and Conditions of Business apply to all contracts which you conclude with us as the supplier (Edition Boiselle / Gabriele Boiselle) via the Internet pages www.editionboiselle.de / www.boiselle-shop.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own which you may use is contradicted.
(2) A consumer, in the sense of the following regulations, is any natural person who concludes a legal transaction for purposes that may not be predominantly attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the particular product is placed on our website, we shall submit a binding offer to conclude a contract under the conditions specified in the description of the item.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You may access the "shopping cart" via the corresponding button in the navigation bar 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 is finally displayed again on the order overview page. If you use an instant payment system (e.g. PayPal) as your method of payment, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before submitting your order, you have the opportunity to check and change all details again (also using the "back" function of your Internet browser) or to cancel the purchase. By submitting the order via the button "order subject to payment" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you may accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automatically carried out by e-mail. You must therefore ensure, that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statuotry rights to liability for defects shall apply.
(2)As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damages and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will affect your statutory warranty claims.
§ 5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Idendity of the seller:
Owner: Gabriele Boiselle
67346 Speyer Germany
Phone: +49 6232 1007620
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Language of contract, contract text storage
3.1. Contract language is German.
3.2. The complete text of the contract is not stored by us.
Before sending the order via the online shopping cart system, the contract data may be printed out using the print function of the browser or electronically saved. After the order has been received by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data in text form, e.g. by e-mail, which you may print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are contained 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 contain all price components including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer. They are shown separately during the ordering process and are to be borne additionally by you, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated 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 terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, 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 any other person designated to carry out the shipment.
6.3. There will be no delivery to countries outside the European Union.
7. Legal liability for defects
The liability for defects is based on the regulation "warranty" in our General Terms and Conditions (Part I). These General Terms and Conditions of Business and Customer Information were created by the lawyers of the dealer association, specialised in IT law, and are permanently checked for legal conformity. The Dealer Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service
Last update: 01.09.2019