General Business Conditions

of bellicon Deutschland GmbH, last amended: April 2019

1. General Provisions

(1) The present terms and conditions as well as the associated appendices regulate the relations between bellicon Deutschland GmbH (hereinafter referred to as Seller) 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.

(2) These terms and conditions expressly do not apply to sales partners and wholesale customers of the Seller; these are exclusively subject to the distributor’s terms and conditions of sale.

(3) The business relations between the Seller and the Customers are subject to the law of the Federal Republic of Germany. In the case of Consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.

(4) The contract text is not recorded by the Seller after the conclusion of the contract in the online shop and is therefore not accessible.

(5) The place of jurisdiction shall be Cologne (Germany) if the Customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time a claim is filed.

(6) Customers have the option of using alternative online dispute resolution. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr.

(7) Duty to provide information pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. Conclusion of Contracts

(1) The Seller offers Customers the opportunity to purchase various products in its online shop (Trampoline Shop) at http://www.bellicon.com 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, Croatia, Denmark, Finland, Italy, Luxembourg, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary.

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 purchase contract is concluded in the online shop as follows (for the availability of payment methods, see below Point 4.):

a) If the Customer has chosen the payment method "PayPal", the purchase contract is concluded at the time of confirmation of the payment order to PayPal.

b) If the Customer has chosen the payment method "credit card", the contract is concluded at the time of the credit card debit.

c) If the Customer has chosen the payment method “iDEAL”, the contract is concluded at the time of confirmation of the payment order to iDEAL.

d) In all other cases, the purchase contract is concluded upon acceptance of the Customer's order by the Seller.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. Deliveries

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 dispatch, 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) As part of the PayPal Plus payment service, the Seller offers the Customer various payment methods listed below as PayPal services. The Customer is redirected for payment purposes to the website of the online provider PayPal. There the Customer can enter his payment data and confirm the use of his data by PayPal and the payment order to PayPal.

a) If the Customer has chosen the payment method "PayPal", the Customer must have or set up a customer account with PayPal (Europe) S.à r.l. et Cie, S.C.A. The terms of use of PayPal (Europe) S.à r.l. & Cie, S.C.A (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) apply. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.

b) In order to pay by credit card, the Customer does not need to be registered with PayPal. Payment is possible via MasterCard or Visa-Card. The payment transaction is carried out by the credit card company upon PayPal's request and the Customer's credit card is debited immediately after confirmation of the payment order and the Customer's legitimacy as the authorized cardholder.

c) If the Customer has chosen the payment method "direct debit", he also does not have to be registered with PayPal. By confirming the payment order, the Customer gives PayPal a direct debit mandate. PayPal will inform the Customer of the date of the debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and the Customer's account is debited.

d) If the Customer has chosen the payment method "invoice", he also does not have to be registered with PayPal. After a successful address and credit check by PayPal and submission of the order, the Seller assigns his claim to PayPal. In this case, the Customer can only pay to PayPal with debt discharging effect. The Customer must pay the invoice amount to PayPal within 14 days of receipt of the goods, unless PayPal specifies a different payment term. The Seller remains the contractual and contact person of the customer. Any warranty rights can still be asserted against the Seller. The terms of use (https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE) and the data protection declaration (https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE) of PayPal apply to the payment processing via PayPal in addition to the general terms and conditions of the Seller. The payment method "invoice" is only available to Customers from the Federal Republic of Germany.

e) The Customer has the possibility to pay the purchase price by instalments. The Customer also does not have to be registered with PayPal. PayPal allows the Customer to pay in monthly instalments. The payment by instalments requires a successful credit check by PayPal. If the Customer is allowed to pay by instalments after checking the creditworthiness, the payment is processed in cooperation with PayPal, to which the Seller assigns his payment claim against the Customer. PayPal will collect the payment claim in its own name. In this case, the Customer can only make payment to PayPal with discharging effect. The Seller remains the contractual and contact person of the Customer. Any warranty rights can still be asserted against the Seller.

f) If the Customer has opted for payment by instalments, he is legally entitled to a 14-day right of revocation in accordance with section 355 of the German Civil Code (BGB). For the right of revocation for payment in instalments, please refer to the "Revocation instructions for instalment payment". The Customer shall be informed of his right of revocation before completing his order if he chooses to pay by instalments.

(5) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden, postal address Germany: Postfach 900162, 90492 Nürnberg (hereinafter: "Klarna"), the Seller also offers the Customer payment options of purchase on account and hire purchase via Klarna.

a) Klarna purchase on account

When buying on account with Klarna, the Customer always gets the goods before payment is made. The Seller assigns the claim against the Customer to Klarna. Klarna sends the Customer a payment order. Klarna's invoice must be paid within 14 days of dispatch of the goods to Klarna. The complete General Terms and Conditions for purchase on account can be found under the following link: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice

b) Klarna hire purchase

With Klarna's financing service the Customer can pay his purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). Up to an amount of 200 €, the purchase is considered as a purchase on account (see lit. (a) above). However, the Customer can request Klarna to convert the payment method "Klarna purchase on account" into a hire purchase, provided that the relevant invoice is approved for a hire purchase. Further information on Klarna hire purchase including the General Terms and Conditions and the European Standard Consumer Credit Information can be found at the following links: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account  https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf; https://cdn.klarna.com/1.0/shared/content/legal/de_de/consumer_credit.pdf

(6) Provided that the bank of the Customer participates in the iDEAL-procedure, the Customer has the choice to pay via “iDEAL”. The Customer pays the invoice amount via the online banking of a bank, to which the Customer is directed in the ordering process. The Customer logs in as usual, e.g. with account number and PIN and authorizes the payment e.g. with a TAN.

(7) There is also the possibility of cash payment at pick-up.

(8) 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 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.
 

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

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 mutual agreement, these goods will be returned at the expense of the Customer.
 

10. Warranty

bellicon collects, processes and uses personal data of the Customers subject to its Data Protection Declaration as well as the statutory provisions.