Terms of service

Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Conditions of delivery and dispatch
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of BubbleTeatogo GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller in respect of the goods presented by the Seller in his online shop.

1.2A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.3Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2The 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 going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.

2.3The seller may 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 e-mail), in which case the customer's receipt of the order confirmation is decisive; or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4When submitting an offer via the online order form of the seller, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the order. The seller shall not make the contract text accessible beyond this.

2.5Prior to the binding placing of the order via the Seller's online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6Only the German language is available for the conclusion of the contract.

2.7Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

4) Prices and terms of payment

4.1Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2The payment options are/will be communicated to the customer in the seller's online shop.

5) Delivery and shipping conditions

5.1If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or the institution that is otherwise intended to carry out the dispatch, if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller did not previously told the customer or institution.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5Pickup is not possible for logistical reasons.

6) Reference to retention of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

7) Liability for defects (warranty)

7.1Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:

7.2If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the event of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded from used goods;
• the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

7.3The liability restrictions and deadline reductions, which are regulated above, do not apply

• For claims for damages and expenses of the customer,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used for a building according to their usual uses and whose deficiency have caused,
• for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.4In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

7.5If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.

7.6If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

8) Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

9) jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

10) Alternative dispute resolution

10.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/Consumers/ODR

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

10.2The seller is not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board, but is ready for this.