General Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Ariane Zerrath) close via the website www.bellkami.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system ander the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
As far as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order summary page in our online store or 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, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
(4) Your inquiries for a quote are non-binding for you. We will provide you with a binding offer in text form (e.g. via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims made by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3) We do not verify the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Special agreements regarding offered payment methods
(1) Payment via Klarna
In collaboration with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
(1) You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price is made.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve the right of ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that arise from the resale; we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We commit to releasing the securities owed to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) There are statutory warranty rights for defects.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) As far as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed about it before we submitted the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
(4) As far as you are an entrepreneur, the warranty regulations mentioned above apply differently:
a) As the characteristics of the goods, only our own specifications and the product description of the manufacturer are considered agreed upon, but not any other advertising, public promotions, and statements made by the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you can choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages caused by us that are attributable to culpable violations of life, body, or health, and in cases of intentionally or grossly negligently caused other damages;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law
(1) law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Sales Convention do not apply expressly.
II. Customer Information
1. Identity of the seller
Ariane Zerrath
Wittelsbacherstr. 14
10707 Berlin
Germany
Phone: 015738782609
E-Mail: info@bellkami.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Language of the contract, storage of the contract text
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order about the online shopping cart system The contract data can be printed or electronically saved using the print function of the browser. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print or save electronically.
4. Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
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 incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the financial institutions), which you are required to bear.
5.4. Costs incurred for money transfer Transfer or exchange rate fees of the credit institutions You are responsible for the cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
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 legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person intended to carry out the shipment.
If you are an entrepreneur, the delivery and shipping are at your own risk.
7. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last update: 22.10.2024
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Ariane Zerrath) close via the website www.bellkami.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system ander the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
As far as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order summary page in our online store or 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, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims made by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3) We do not verify the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Special agreements regarding offered payment methods
(1) Payment via Klarna
In collaboration with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
-
Invoice ("Pay Later"): You can find the Klarna invoice terms for Germany ander https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.You can find the Klarna invoice terms for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the conditions for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
- Instant transfer ("Pay Now")
For more information about Klarna and the Klarna Terms of Use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user und https://www.klarna.com/at/.
§ 5 Right of Retention, retention of title(1) You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price is made.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve the right of ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that arise from the resale; we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We commit to releasing the securities owed to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) There are statutory warranty rights for defects.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) As far as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed about it before we submitted the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
(4) As far as you are an entrepreneur, the warranty regulations mentioned above apply differently:
a) As the characteristics of the goods, only our own specifications and the product description of the manufacturer are considered agreed upon, but not any other advertising, public promotions, and statements made by the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you can choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages caused by us that are attributable to culpable violations of life, body, or health, and in cases of intentionally or grossly negligently caused other damages;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law
(1) law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Sales Convention do not apply expressly.
II. Customer Information
1. Identity of the seller
Ariane Zerrath
Wittelsbacherstr. 14
10707 Berlin
Germany
Phone: 015738782609
E-Mail: info@bellkami.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Language of the contract, storage of the contract text
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order about the online shopping cart system The contract data can be printed or electronically saved using the print function of the browser. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print or save electronically.
4. Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
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 incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the financial institutions), which you are required to bear.
5.4. Costs incurred for money transfer Transfer or exchange rate fees of the credit institutions You are responsible for the cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
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 legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person intended to carry out the shipment.
If you are an entrepreneur, the delivery and shipping are at your own risk.
7. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/
last update: 22.10.2024