Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1 Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Blonde No. 8 GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2 Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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 is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends 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, payment processing is handled 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, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable during the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. 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 process the order 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 can be found in the Seller's cancellation policy.
4 Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled 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 will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.
5 Delivery and Shipping Conditions
5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the 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 dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the regulation made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution 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 only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6 Retention of Title
If the Seller makes advance payments, they reserve title to the delivered goods until full payment of the purchase price owed.
7 Liability for Defects and Warranty
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- the limitation period for claims for defects for new goods is one year from delivery of the goods;
- claims for defects for used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects.
7.2 The limitations of liability and reductions in time limits regulated above do not apply
- to claims for damages and reimbursement of expenses of the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the duties to give notice regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the delivery person and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8 Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in case of intent or gross negligence,
- for intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability exists pursuant to the preceding clause. Essential 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 enables the proper execution of the contract in the first place and on whose compliance the Customer can regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The foregoing liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9 Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest.
9.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly with the promotional voucher within the scope of their statutory right of withdrawal.
9.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10 Applicable Law
All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11 Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, the Seller is, however, in any case entitled to appeal to the court at the Customer's registered office.
12 Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.