The present terms and conditions as well as the associated appendices regulate the relations between bellicon UK, Nickian GmbH (hereinafter referred to as bellicon) and its customers (hereinafter referred to as the Customer) and apply to bellicon on all orders of the Customer. Agreements that deviate from these terms and conditions must be in writing to be valid. These conditions come into force immediately and replace the previous ones.
(1) The Seller offers Customers the opportunity to purchase various products in its online shop (Trampoline Shop) at http://www.bellicon.de and from its mail order catalogue, above all mini trampolines, for purchase. The Seller will execute deliveries, subject to the provisions of section (3) to buyers in the following countries: Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, Great Britain, Ireland, Italy, Latvia, Lithuania, Luxembourg, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary.
When the Customer submits orders via the online shop or the mail order catalogue, the purchase contract is concluded by the acceptance of the order by the Seller. Prices quoted in the online shop or in the mail order catalogue do not constitute an offer within the meaning of the law, but an invitation to submit an offer (invitatio ad offerendum). Prior to submitting a binding order in the online shop, the Customer is able to continuously correct all inputs by means of the customary touch screen, keyboard and mouse functions. In addition, all inputs are displayed again in a confirmation window prior to the submission of the binding order can be corrected there again by means of the customary touch screen, keyboard and mouse functions. The Seller is entitled to accept the offer that has been submitted in the form of the order within 3 (three) days by dispatching an order confirmation. If the prices on which the order is based are no longer valid – e.g. due to changes made to the price lists and/or the catalogue prices in the meantime – or if the goods are no longer available, the Seller shall inform the Customer accordingly after receiving the order, so that the Customer is able to choose whether it wishes to submit the order subject to the new terms and conditions or refrain from submitting the order. Receipt and acceptance of the order will be confirmed by email to the Customer.
(2) Together with the confirmation of the order, the Seller will send the Customer the text of the contract as well as these General Business Conditions and the information on the Right of Cancellation for Consumers.
(3) If a Customer is interested in delivery to a
country that is not listed in sub-section s/he should request an offer from
the Seller over the telephone, via telefax or email. After receipt of the
enquiry, the Seller will make an offer to the customer by email, telefax or
letter. A contract is concluded only, when the Customer accepts this offer.
The commercial resale of the goods delivered by the Seller to the
Customer is not permitted.
(1) The prices that have been agreed upon apply. Prices include VAT at the relevant legal rate, unless expressly indicated otherwise.
(2) The prices indicated are exclusive of shipping and packaging costs, which are quoted to the Customer prior to submission of the order. The amount of the shipping costs is dependent on the value of the order, the weight and the mode of despatch, as well as on the desired destination. For details, reference is made to the online shop (https://www.bellicon.de/de_de/liefergebiete-und-zahlung).
(3) For the processing of a VAT refund in the event of subsequent export by the Buyer to a third country, a processing fee in the amount of € 65.00 will be charged.
(4) At the request of the Customer, the Seller makes delivery to the Customer against advance payment (bank transfer, MasterCard or Visa-Card credit card), COD, direct debit, by means of PayPal, by Direct eBanking (“Sofortüberweisung”) or cash payment upon pickup of the goods. When the Customer chooses advance payment by bank transfer, payment is due at the latest 1 (one) week after the conclusion of the contract. If a Customer defaults on its payment obligations, the Seller is entitled to demand damages in accordance with the statutory provisions and/or rescind the contract. The following in addition applies to the individual methods of payment:
a) Direct debit (available in Germany only): The Seller will withdraw the amount invoiced within 3 (three) days after the dispatch of the goods (immediately for purchases in the online shop) from the account specified by the Customer. For direct debits that are dishonoured, the Seller will charge a processing fee in the amount of € 10.-, unless the Customer is able to prove that the Seller incurred no costs or only lower costs for the handing of the dishonoured direct debit.
b) Credit card: Payment is possible via MasterCard or Visa-Card.
c) Cash on delivery (available in Germany only): If payment is made c.o.d., the purchase price plus shipping costs and c.o.d. fee is due and payable upon delivery and presentation of the COD document by the commissioned transport company.
d) Advance bank transfer/advance payment: When payment is made by bank
transfer, the Customer is obliged to transfer the amount of the invoice stated
in the order confirmation to the following bank account.
Bank: Sparkasse Köln-Bonn
IBAN: DE98 3705 0198 1015 9128 25
e) Paypal: To be able to use this method of payment, the Customer must maintain or establish a customer account with PayPal (Europe) S.à r.l. et Cie, S.C.A. The Conditions of Use of PayPal (Europe) S.à r.l. & Cie, S.C.A. apply.
(5) The Seller will always issue an invoice to the
Customer, which is handed over to the Customer upon delivery of the goods or
otherwise sent to him/her in written form (by email or letter).
(1) The ordered goods are delivered to the address specified by the Customer, unless otherwise contractually agreed upon. Delivery is made from the Seller’s warehouse. The Seller reserves the right to make partial delivery, if this is considered expedient for prompt delivery and partial delivery is not exceptionally unreasonable for the Customer. Additional costs resulting from partial deliveries will not be charged to the Customer.
(2) Unless otherwise indicated in the descriptions of the articles in the online shop or the catalogue, the delivery period is 2 weeks from the conclusion of the contract or, in the case of advance payment, 2 weeks from receipt of payment in full.
(3) The risk of accidental perishing and of accidental deterioration of the
goods passes to the Customer when the goods are handed over to the Customer. If
the Customer is an entrepreneur, the risk of accidental perishing and
accidental deterioration of the goods and the risk of delay shall, in the case
of a sale by delivery to a place other than the place of performance
(“Versendungskauf”) pass already at the time of delivery of the goods to the
forwarding agent, the freight carrier or the person otherwise entrusted with
the performance of the dispatch.
The delivered goods remain the property of the Seller until any and all claims under the contract have been performed in full; in the event that the Customer is a legal person under public law, a public-law special fund or an entrepreneur who exercises its commercial or self-employed professional activity, including additional claims from the current business relationship, until settlement of any and all claims to which the Seller is entitled in connection with the contract.
The Customer shall be entitled to rights of retention only, if his/her counterclaims have become final and absolute (res judicata), are uncontested or have been acknowledged by bellicon. In the event of any defect of the delivered goods, the counterclaims of the Customer shall remain unaffected, in particular his/her right to retain a part of the purchase price that is commensurate with such defect. The Customer shall be entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.
(1) The Seller shall be liable for material defects and defects of title in accordance with the statutory provisions. If only merchants are parties to the contract, sections 377 et seq. German Commercial Code (HGB) shall apply in addition.
(2) Damage caused by inappropriate handling by the Customer during assembly, connection, operation or storage of the goods however does not give rise to a warranty claim against the Seller.
(3) If goods are delivered with obvious damage to packaging
or contents, the Customer should, its warranty rights defined above
notwithstanding, immediately lodge a complaint with the forwarding
agent/delivery service and contact the Seller without delay by email or any
other method (telefax/letter) to enable the Seller to assert any rights
vis-à-vis the forwarding agent/delivery service.
(1) Over and above the liability for material defects and defects of title, the Seller shall be liable without limitation, if the damage has been caused intentionally or by gross negligence. It shall also be liable for negligent violation of material contractual obligations (obligations whose violation jeopardises the attainment of the purpose of the contract) as well as for the violation of essential obligations (“Kardinalpflichten“) (obligations, whose performance will enable the due and proper performance of the contract in the first place and on whose performance the Customer as a rule relies), in each case however only for the foreseeable damage that is typical for this type of contract. The Seller shall not be liable for the negligent violation of obligations other than those mentioned above.
(2) The limitations of liability specified in the
preceding paragraph do not apply in the case of death, bodily injury or damage
to health, any deficiency occurring after the assumption of warranty for the
characteristics of the product and in the case of defects that have been
fraudulently concealed. Liability in accordance with the German Product
Liability Act (“Produkthaftungsgesetz”) shall remain unaffected.
(3) If liability of the Seller is excluded or limited,
this shall also apply to the personal liability of its employees,
representatives and vicarious agents.
Any returns are only permitted in the original packaging and must be agreed in advance with a bellicon employee within 5 days of the received goods. In any case, the invoice number and / or delivery note number must be stated. If products are delivered to the address of bellicon without mutually agreed agreement, these goods will be returned at the expense of the Customer.
bellicon collects, processes and uses personal data of the Customers subject to our Data Protection Declaration as well as the statutory provisions, in particular the German Federal Data Protection Act (“Bundesdatenschutzgesetz” - BDSG).