Terms & Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 GENERAL
BOUME GmbH, Thalkirchnerstr. 54, 80337 Munich, Germany; managing director: Maximiliane Bauer; phone: +49 89 44237088 firstname.lastname@example.org (hereinafter “boume.com”, "BOUME" or "we"), operates an online shop at the Internet address www.boume.com (the "Website"). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
§ 2 CONTRACTS
1. The presentation of products on our Website does not constitute any offer by BOUME for a purchase contract.
2. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "complete purchase". Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
3. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
4. A purchase contract between you and BOUME will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
5. BOUME has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the Internet are intended to be resold on a commercial basis.
§ 3 CANCELLATION POLICY ADVISORY
The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.
You may repeal your contract of purchase within 14 days without having to state reasons. The allocated cancellation time-frame is, 14 days effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us via email by sending an explicit declaration stating that you are repealing your contract of purchase to email@example.com.
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.
The reimbursement will be processed solely with bank transfer irrespective of the payment method that was used to make the transaction. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
§ 4 VOLUNTARY RETURNS RIGHT
1. In addition to your legal right of return, BOUME also offers the following voluntary right of return: All of the items featured on boume.com can be returned to BOUME within 30 days of receipt. The voluntary right of return only applies to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached.
2. Return shipments
2.1. All return shipments will be at our expense, if the following provisions are complied with.
2.2. All return shipments are made solely using the same service as the original delivery (DHL Express). Please contact us via firstname.lastname@example.org to receive your return sticker and instructions for returning items.
2.3. Please note that we can only accept returns from the country which the shipment was sent to.
2.4. In case of a return, we will refund the money onto your bank account. Potential losses due to currency fluctuations will not be refunded.
2.5. Please send all returns to: BOUME GmbH, [Re: Return], Thalkirchnerstr. 54, 80337 Munich, Germany.
3. If you have questions regarding our returns policy, please contact a customer service representative at email@example.com
This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.
§ 5 PRICES; PRODUCT PRESENTATION; AVAILABILITY; GIFT CARD; PROMOTION CODE
1. The prices stated on our Website www.boume.com at the time of your order apply.
2. The goods offered at www.boume.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.
4. Gift Card
4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.
4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.
4.3 The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card.
4.4 When purchasing the Gift Card you may choose between sending the Gift Card per email or by regular mail.
4. 5 BOUME is not responsible for the fraudulent use of or any lost, stolen, or destroyed Gift Cards, which goes into effect as soon as the Gift Card has been received. If sent per email, BOUME is not responsible for misspellings or errors in the recipient’s email address.
4.6 BOUME reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by boume.com in the case of cancelling or blocking the Gift Card.
5. Promotion Code
5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.
5.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of BOUME, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.
5.3 BOUME cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.
5.4 BOUME reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by BOUME in the case of cancelling or blocking the promotion code.
5.5 Return policy for orders purchased using a promotion code: If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.
§ 6 STORAGE OF CONTRACT DATA
We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your credit card details have been verified.
In addition, you will receive an email order confirmation stating all details entered as well as the cancellation template, which can be printed.
§ 7 SHIPPING & DISPATCH
1. Your package will be shipped with DHL Express. BOUME is liable for any potential transport risks.
2. The goods will be ready for dispatch within 48 hours, customized items will be dispatched within 3 weeks following your order. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
3. Deliveries to EU and non-EU destinations
Based on experience, deliveries to countries liable to customs duties take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated are inclusive of German value-added tax and exclusive customs duties. Please note that DHL will charge all import sales taxes, customs duties and handling charges separately for each country. For any questions about taxes and duties in your country, please e-mail to our Customer Care Team: firstname.lastname@example.org. Please note that you will be responsible for any banking charges as may be incurred in foreign countries.
In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.
4. Shipping charges
Delivery time varies depending on the purchased item. The requested delivery method can be chosen upon check-out.
Shipping charges will be incurred only once for deliveries in installments.
§ 8 PAYMENT; DEFAULT IN PAYMENT; SETOFF; RIGHT OF RETENTION
1. Accepted methods of payment
Please pay for your BOUME order in Germany by: Wire Transfer, PayPal, Visa, Visa Debit, Master Card, Master Card Debit, American Express
All payments and credit notes will be handled in Euros.
2. Payment using a Gift Card
2.1 When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.
3. Payment using a promotion code
3.1 When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.
The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
§ 9 RETENTION OF TITLE
The goods delivered remain property of BOUME until full payment has been made.
§ 10 INQUIRIES, COMPLAINTS
For any inquiries about your order or complaints, please contact our Customer Care Team via email@example.com.
§ 11 WARRANTY
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 12 below.
§ 12 LIABILITY
1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper performance of the contract and whose fulfillment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.
4. Any exclusion or limitation of the liability of BOUME shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
§ 13 GOVERNING LAW, SEVERABILITY
1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.