General Business Conditions

of bellicon Deutschland GmbH, last amended: November 2015

1. General Provisions

(1) These General Business Conditions shall apply to any and all contracts, deliveries and other services concluded, provided or rendered by bellicon Deutschland GmbH, Schanzenstraße 6-20, D-51063 Cologne (hereinafter referred to as the “Seller”) vis-à-vis private and commercial ultimate customers (hereinafter referred to as “Customers”). Any provisions laid down by Customers that deviate from these General Business Conditions shall not apply, unless their applicability has been confirmed in writing by the Seller. Individual arrangements between the Seller and the Customer shall always take precedence.

(2) These General Business Conditions expressly do not apply to distribution partners and large customers of the Seller; for these, the Conditions of Sale for Dealers apply exclusively.

(3) The business relations between the Seller and the Customers are subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer has its general place of abode. The applicability of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) is excluded.

(4) The text of the contract is not saved by the Seller after the contract has been concluded in the online shop and therefore is not accessible. The contractual language is German.

(5) Place of jurisdiction shall be Cologne, if the customer is a merchant or a legal person under public law or a public-law special fund. The same shall apply, if a customer does not have a general place of jurisdiction in Germany or the place of residence or customary place of abode are unknown at the time of bringing the action.

2. Subject Matters and Conclusion of Contracts

(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.

3. No Commercial Resale of the bellicon® Products

The commercial resale of the goods delivered by the Seller to the Customer is not permitted.

4. Prices, VAT and Payment

(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
BIC/SWIFT: COLSDE33
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.

f) Direct eBanking (“Sofortüberweisung”): The Customer is able to use the method of payment “Sofort-Überweisung” offered by Payment Network AG, Fußbergstr. 1, 82131 Gauting, if s/he has an approved online banking account that uses the PIN/TAN authentication procedure and the bank of the Customer offers the possibility of using Direct eBanking (“Sofortüberweisung”). For executing the payment, the Customer logs on using his/her customary online banking access data and remits the amount of the invoice immediately and directly to the Seller, using the TAN procedure specified by his/her bank.

(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).

5. Delivery and Passing of the Risk

(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.

6. Retention of Title, Right of Retention

(1) 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.

(2) 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 us. 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.

7. Liability for Material Defects and Defects of Title, Handling of Damage During Transport

(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.

8. Exclusion of Liability

(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.

9. Intellectual Property Rights

The Seller reserves the intellectual property rights and copyrights to any and all products, images and other documents provided by it.

10. Data Protection and Data Privacy

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).

11. Severability Clause

Should any of the provisions of these General Business Conditions be invalid, the validity of the other provisions shall remain unaffected thereby. The invalid provision shall be deemed to be replaced by a provision which, in a legally effective manner, comes closest in economic terms to the intent and purpose of the invalid provision. The same applies to any gaps in the provisions of these General Business Conditions.