General terms and conditions and revocation
General terms and conditions for online consumers
Neuwarmbüchener Straße 2
Telephone: +49 (0) 5136 – 97 75-0
Telefax: +49 (0) 5136 – 97 75-10
Website: http://www. bullerjan.com
Register of Companies: Hanover District Court, HRB 209054
Managing Director: Julius Ratjen; Kevin Senff
VAT identification number: DE 815 394 489
We sell ovens and oven accessories,
which are available at the ‚ONLINE SHOP‘ of our website. On the ‚Details‘ sub-pages for the items displayed for purchase, one or more items with the optionally selectable features can be selected by clicking ‚ADD TO CART‘.
An overview of the selected items can be obtained by clicking on ‚CART‘. By clicking the ‚Recycle Bin‘ icon, items can be completely removed from the selection with the specified quantity. After clicking the ‚Pen‘ icon, the ‚QUANTITY‘ of each selected item and, if necessary, the selected features, can be modified. Modifications can be confirmed by clicking ‚UPDATE CART‘.
If the selection is correct and complete, the order and payment process can be invoked by clicking ‚GO TO CHECKOUT‘.
The indicated fields should be completed on the following ‚INVOICE ADDRESS‘ form. There is the option for specifying a ‚DELIVERY ADDRESS‘, which differs from the invoicing address, by selecting ‚Send to a different address‘. A click on ‚CONTINUE‘ invokes the next step.
Once the method for ‚DISPATCH & DELIVERY‘ was selected, a cĺick on ‚CONTINUE‘ must follow as confirmation.
Subsequently (‚PAYMENT INFORMATION‘), one of the payment methods we offer can be selected for the purchase. A click on ‚CONTINUE‘ invokes the next step.
A list of the selected items will then be displayed in the ‚ORDER OVERVIEW‘ along with the further details provided.
A contract with us can only be concluded if our Online – General Terms and Conditions for Sales and Delivery have been accepted, and the information at hand and the cancellation policy have been acknowledged by ticking the appropriate box.
By clicking on ‚BUY NOW‘, a binding request to purchase the selected items according to the Customer’s selections and details, the total price displayed, our Online – General Terms and Conditions for Sales and Delivery and the contract information at hand, will be submitted and the subsequent payment process, taking into account the payment method selected by the respective consumer, shall be invoked.
At any time, customers can change or view the data they have provided by using the navigation and input options of their browser.
The respective customer will immediately receive an order confirmation from our Shop, which will also confirm safe receipt of the order placed by such customer. We shall then send an automatic contract confirmation / order confirmation / invoice to the e-mail address provided, in which the contract content (in addition to our Online – General Terms and Conditions for Sales and Delivery) is listed once again. Customers can print and save these items using the ‚Print‘ and ‚Save‘ functions respectively. A contract will be concluded upon receipt of the respective contract confirmation.
The text of the contract will be saved in accordance with the principles of the protection of private data, which will be made available to the respective customer upon request.
Contracts shall be concluded in German language.
If the subject of a contract represents a purchase or a service, customers shall be entitled to the statutory warranty claims in accordance with our Online – General Terms and Conditions for Sales and Delivery, which shall also generally apply.
Online – General Terms and Conditions for Sales and Delivery of Bullerjan GmbH
- 1 Scope of Application
(1) Our deliveries, services and offers rendered via our online shop shall be based exclusively on the Online – General Terms and Conditions for Sales and Delivery at hand.
(2) Terms and Conditions of customers shall not apply, even if we do not specifically object to the validity of such T&Cs in each individual case.
- 2 Offer and Conclusion of Contract
(1) Offers and prices enclosed in brochures, advertisements and other marketing material are non-binding.
(2) Customers shall be bound to an order signed by them and not yet accepted by us for 14 calendar days following the dispatch of such order. We shall be entitled to accept such offer within the same period. The date and time at which a customer receives our acceptance shall be decisive for adherence to this deadline.
- 3 Prices and Terms of Payment
(1) Our prices are inclusive of the statutory VAT. Unless otherwise agreed, the prices shall be inclusive of packaging if delivered from our warehouse. Delivery costs shall be invoiced separately. A list of delivery costs – gross – is available as pdf document.
(2) Customers shall only be entitled to set-off or retention rights insofar as the respective customer has made a legally established or undisputed counterclaim. Customer counterclaims derived from warranty shall be precluded.
- 4 Delivery and Delivery Time
(1) Unless a delivery date or a delivery deadline has been stated as being binding, our deliveries and services shall be executed within a period of two weeks. This deadline commences with the conclusion of the respective contract, however not before the respective customer has provided all information required for the fulfilment of the respective contract.
(2) Should we fail to comply with a delivery date or a delivery deadline, the respective customer shall grant us a reasonable period of grace, which may not be less than two weeks.
- 5 Warranty and Liability
(1) Our liability for damage, for whatever legal cause (in particular in case of delay, defect or other violation of obligations), shall be limited in value to the typical damage foreseeable for the respective contract.
(2) In the case of a purchase contract, we and our vicarious agents shall not be liable for obvious material defects of the delivered goods if the respective customer does not notify us of the defect within a period of two weeks following delivery of the goods.
(3) The above limitations of liability shall not apply to liability with regard to grossly negligent or intentional conduct, guaranteed characteristics, injury to life, limb or health or in accordance with the Product Liability Act.
- 6 Reservation of ownership
(1) We shall reserve the ownership of the delivered goods until we have received the complete payment of the purchase price for such goods delivered (hereinafter referred to as: ‚Reserved Goods‘). During an existing reservation of ownership, a customer may not sell or in any other way dispose of the ownership of Reserved Goods.
(2) If and insofar as third parties (in particular bailiffs) demand access to the Reserved Goods, the affected Customer shall make such third party aware of our ownership and notify us immediately to enable us to enforce our right of ownership.
(3) If and insofar as the Reserved Goods are inseparably combined or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the Reserved Goods (final invoice amount including VAT) to the other combined or mixed items at the time of combining or mixing. If and insofar as the Reserved Goods are combined or mixed in such a way that an item of a Customer must be regarded as the primary item, the respective Customer must give his legal consent that he has already previously agreed with us that he is obliged to assign the proportional co-ownership of such item to us in such case. We shall accept such assignment in advance.
(4) In the event of breach of contract by a customer, in particular in the event of default in payment, we shall be entitled to demand the return of the Reserved Goods provided, we have withdrawn from the contract.
- 7 Choice of law
The Law of the Federal Republic of Germany – excluding the international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods – shall apply for the Online – General Terms and Conditions for Sales and Delivery as well as for the contractual relationship between us and a customer.
- 8 Place of Jurisdiction
(1) If and insofar as a customer is a registered commercial trader, a public legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from a contractual relationship with us, shall be the competent court for our registered office in Isernhagen, Germany. This shall also apply if a customer does not have a general place of jurisdiction in the Federal Republic of Germany.
(2) In all cases, we shall also be entitled to take legal action at the place of performance or at the general place of jurisdiction of the respective customer.
(3) Statutory priority provisions, in particular regarding exclusive jurisdictions, shall remain unaffected.
(1) Consumers (pursuant to § 13 German Civil Code (BGB)) generally have a statutory right of withdrawal when concluding a distance buying transaction, which is explained below. Exceptions to the right of withdrawal are stipulated in para 2. A prepared withdrawal form is available for download as a separate pdf document.
Right of withdrawal
Buyers are entitled to withdraw from a distance selling contract within fourteen days and without giving any reason.
The fourteen days withdrawal period commences on the day the respective customer or a third party named by the customer and who is not a carrier, has taken possession of the goods.
In order to exercise the right of withdrawal, customers must contact us (Bullerjan GmbH, Neuwarmbüchener Straße 2, 30916 Isernhagen, Germany, Telephone: +49 (0) 5136 – 97 75-0, Telefax: +49 (0) 5136 – 97 75-10, E-Mail: firstname.lastname@example.org) and transmit a clear statement (e.g. by letter sent by post, by fax or e-mail) about the decision to withdraw from the respective contract. For this purpose, customers may use the attached sample withdrawal form, which however is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the notice stating that the right of withdrawal is exercised, has been dispatched before the expiry of the withdrawal period.
Consequences of the withdrawal
Upon a valid withdrawal from an agreement with us, we shall be obliged to immediately refund the respective customer with all payments we have received in the matter, including delivery charges (except for any additional costs arising from the fact that such customer has selected a delivery method other than the most favourable standard delivery offered by us) no later than fourteen days from the date on which we received the respective withdrawal notification. Unless otherwise agreed, we shall use the same method and means of payment for the refund that the withdrawing customer has used in the underlying original transaction; in no case shall the withdrawing customer be charged or burdened with fees for such refund.
The withdrawing customer must immediately return the respective goods to us, but, in any event, not later than fourteen days from the date on which we received the respective withdrawal notification for the underlying contract. This deadline is assumed to be complied with, if the withdrawing customer has dispatched the goods before the expiry of the fourteen day period.
The withdrawing customer shall bear the immediate costs of returning the goods.
If and insofar as the goods, due to their nature, cannot be returned in a normal fashion by post and if the goods have been delivered to the withdrawing customer’s home address, valid at the time of the conclusion of the contract, we shall pick up the goods at our expense. In the later case, the withdrawing customer shall be obliged to make the to be returned goods available for being picked up in their original packaging and/or ensure a transport-safe packaging.
The withdrawing customer shall only be obliged to pay for a possible loss in the value of the goods, if such loss of value is due to a handling, which was not necessary for the examination of the nature, characteristics and functionality of the goods.
(2) The right of withdrawal shall not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of goods for which an individual selection or determination by the withdrawing customer is decisive or which are clearly individually tailored to the personal requirements of the withdrawing customer.