GENERAL TERMS AND CONDITIONS
Contractual conditions within the framework of purchase contracts concluded via the platform
https://boomluchs.de/.com // https://brabido.de/.com // https://snäx24.de/.com //
https://flydrinks.de/.com
between
Brabido GmbH i.G.
Manuel Gottwald c/o Nehring
An der Flutrinne 15a
01139 Dresden
Managing director authorised to represent: Manuel Gottwald
- hereinafter referred to as "Provider" -
and
the users of this platform referred to in § 2 of these GTC - hereinafter referred to as "Customer/Customers".
§ 1 Scope of application
The following General Terms and Conditions apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. Deviating terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping basket using the "Add to basket" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order with Boomluchs" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. It summarises the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations. No further access to the stored contract text will be provided by the seller.
(3) The contract is concluded in the following languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.
(5) The customer can pay the purchase price by PayPal, credit card, instant bank transfer, Giropay, Apple Pay, Google Pay or Amazon Pay.
(6) Alcoholic products may not be sold to minors. By ordering alcoholic products, you confirm that you are of the legally required minimum age. You are obliged to ensure that only you or persons of legal age authorised by you to receive the delivery take delivery of the goods. We instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons aged 18 or over and, in case of doubt, to have the identity card presented for age verification. If minors place orders, we hereby revoke the contract as a precautionary measure in accordance with § 109 BGB.
§ 4 Customer account
(1) The customer can order products in the provider's online shop as a guest or as a registered user. As a registered user, the customer does not have to enter his personal data each time, but can log in to his customer account before or during an order with his e-mail address and the password freely chosen by him during registration. Registration alone does not constitute any obligation to purchase the products offered by the provider. The customer will be informed by e-mail of any changes affecting his customer account.
(2) Information on the handling of personal data can be found under PRIVACY POLICY. When you register, you choose a personal user name and password.
§ 5 Retention of title
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
§ 6 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory value added tax. In the case of dealers, the prices do not include statutory VAT.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of cancellation.
(3) In the event of cancellation, the customer shall bear the direct costs of the return shipment.
§ 7 Terms of payment
The customer can pay the purchase price by prepayment, PayPal, credit card, instant bank transfer, Giropay, SEPA direct debit or invoice.
(1) When paying by credit card and PayPal, the time of payment corresponds to the time of the order. When using the payment service provider "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account. When paying by credit card, our payment processing partner Stripe processes the data quickly and securely in encrypted form. If the credit card transaction is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among other things, the costs incurred due to the cancellation of the credit card debit.
(2) When paying by instant bank transfer, the customer can initiate payment for the ordered goods via an online banking account during the order process. After selecting the payment method "Sofortüberweisung" in the order process, the customer is taken directly to the secure payment form of SOFORT GmbH, Theresienhöhe 12, 80339 Munich. SOFORT GmbH automatically handles the payment process, which is comparable to an EC card payment with PIN, without Boomluchs being able to view it. As with an EC card payment, SOFORT GmbH checks the account's credit limit for an instant bank transfer and makes a transfer to Boomluchs if there are sufficient funds in the account. In addition, the SOFORT GmbH system checks in around 30 per cent of cases whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud. In order to carry out an instant bank transfer, SOFORT GmbH requires the PIN and a TAN of the online banking account in addition to the name, sort code and account number. Only the name, sort code, account number, purpose, amount and date of the transfer are stored, not the credit limit or account balance or past transactions. In the event of a successful transaction, Boomluchs only receives an automated confirmation from SOFORT GmbH in real time that the transfer has been executed. Depending on the credit institution, confirmation of a successful payment can take up to 14 working days. The goods are dispatched immediately after successful confirmation of payment.
(3) If a customer decides in favour of giropay, they will be directed to their bank via a secure connection during the order process. All data such as account number, purpose of payment and invoice amount are already entered on the transfer form - so all that remains is to confirm the usual transfer. After successful payment, the customer is then redirected back to the shop and receives a corresponding confirmation. The customer only needs an account with a bank that supports giropay. These include Postbank, almost all savings banks, Volks- und Raiffeisenbanken, DKB, MLP-Bank, Merkur Bank, Cronbank, Bankhaus Ellwanger & Geiger, Bank Schilling & Co, CVW Privatbank AG, GLS-Gemeinschaftsbank, numerous PSD banks and other financial institutions.
(4) If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g. invoice) from Boomluch to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. In addition, a credit and data check is carried out for the direct debit payment option (see § 9). Confirmation of a successful payment can take up to 14 working days, depending on the credit institution. The goods are dispatched immediately after successful confirmation of payment. If the amount cannot be debited because the account is not covered or incorrect details have prevented collection, we will unfortunately have to charge an additional fee of €7.50.
(5) In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment option "invoice". Payment is always made to Klarna. The payment period is [14] days from dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany, Austria. The use of the payment method "invoice" requires a positive credit check. In this respect, we forward the customer's data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Customers can find further information and Klarna's terms of use here. Customers can find general information about Klarna here. Personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy Germany/Austria.
(6) The customer hereby agrees that Boomluchs is authorised to send the invoice to the customer as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by email. Boomluchs may, at its own discretion, also send the invoice to the customer on paper.
§ 8 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 9 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 10 Information on data processing
(1) The provider collects customer data in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.
(2) Without the customer's consent, the provider shall not use the customer's data for the purposes of advertising, market or opinion research.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid. Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Status: 01.01.2016