General Terms and Conditions (GTC)
General Terms and Conditions including Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Granting of Usage Rights for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Court of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1. SCOPE OF APPLICATION
1.1 SCOPE OF APPLICATION
These General Terms and Conditions (hereinafter referred to as ‘AGB’) of Boombell GmbH (hereinafter referred to as ‘Seller’) apply to all contracts for the delivery of goods concluded by a consumer or business entity (hereinafter referred to as ‘Customer’) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.
1.2 These AGB apply accordingly to contracts for the delivery of vouchers, unless something different is expressly regulated.
1.3 These AGB apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these AGB refers to data created and provided in digital form.
1.4 A consumer pursuant to these AGB is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.5 A business entity pursuant to these AGB is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.”
2. CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but are intended for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, email, or post.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or a confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
2.1 If multiple of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned deadline, this shall be deemed as a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.5 When choosing the payment method “Amazon Payments,” the payment processing will be carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as ‘Amazon’), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that concludes the ordering process, the Customer also simultaneously issues a payment instruction to Amazon. In this case, the Seller hereby declares the acceptance of the Customer’s offer at the moment when the Customer initiates the payment process by clicking the button that concludes the ordering process.
2.6 When an offer is submitted using the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) following the Customer’s order. The Seller does not provide further access to the contract text. If the Customer has created a user account on the Seller’s website before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login information.
2.7 Before submitting a binding order using the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 German and English languages are available for concluding the contract.
2.9 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered when using spam filters.
3. RIGHT OF WITHDRWAL
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
4. PRICES & PAYMENT TERMS
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may arise will be separately specified in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These may include, for example, costs for money transfers by financial institutions (e.g., transaction fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also apply to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.
4.5 When selecting the payment method “SOFORT,” payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as ‘SOFORT’). In order to pay the invoice amount via ‘SOFORT,’ the Customer must have an online banking account enabled for ‘SOFORT,’ authenticate themselves accordingly during the payment process, and confirm the payment instruction to ‘SOFORT.’ The payment transaction is then carried out immediately by ‘SOFORT,’ and the Customer’s bank account is debited. For more information on the ‘SOFORT’ payment method, the Customer can visit https://www.klarna.com/sofort/ on the internet.
4.6 When selecting the payment method ‘Credit Card via Stripe,’ the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as ‘Stripe’). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.
5. DELIVERY & SHIPPING CONDITIONS
5.1 If the Seller offers the shipment of goods, delivery will be made to the delivery address specified by the Customer within the delivery area indicated by the Seller, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction. However, if the payment method PayPal is chosen, the delivery address stored by the Customer with PayPal at the time of payment will be considered.
5.2 If the delivery of the goods fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. Regarding the return costs, the regulation made in the Seller’s withdrawal policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as a business entity, the risk of accidental loss and deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or any person or entity otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and deterioration of the sold goods generally passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. However, contrary to this, in the case of consumers, the risk of accidental loss and deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or any person or entity otherwise designated to carry out the shipment, provided that the Customer has instructed the carrier, freight forwarder, or any person or entity otherwise designated to carry out the shipment to act on their behalf and the Seller has not previously informed the Customer of this person or entity.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the Seller is not responsible for the non-delivery and has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately, and any consideration paid will be refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
5.6 The provision of vouchers to the Customer is as follows:
- by Download
- by E-Mail
- by Post Mail
5.7 Digital content will be provided to the Customer via download.
6. GRANTING OF USER RIGHTS FOR DIGITAL CONTENT
6.1 Unless otherwise specified in the content description on the Seller’s online shop, the Seller grants the Customer a non-exclusive, spatially and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Transfer of the content to third parties or creating copies for third parties beyond the scope of these Terms and Conditions is not permitted unless the Seller has consented to the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only when the Customer has fully paid the agreed compensation. The Seller may provisionally allow the use of the contractual content even before this point in time. However, such provisional permission does not result in a transfer of rights.
7. RETENTION OF TITLE
If the Seller provides goods in advance, the Seller reserves the right to retain ownership of the delivered goods until the full payment of the purchase price owed has been received.
8. WARRANTY FOR DEFECTS
8.1 Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects apply. However, for contracts for the delivery of goods:
8.2 If the Customer is acting as a business entity,
- The Seller has the choice of the type of subsequent performance;
- For new goods, the statute of limitations for defects is one year from the delivery of the goods;
- For used goods, rights and claims for defects are excluded;
- The statute of limitations does not restart if a replacement delivery is made as part of the liability for defects.
8.3 The liability limitations and shortened periods mentioned above do not apply:
- For claims for damages and reimbursement of expenses by the Customer,
- in case the Seller has fraudulently concealed the defect,
- for goods that have been used for a construction project according to their usual purpose and caused the defectiveness of the building,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.4 Furthermore, for business entities, statutory limitation periods for any existing legal recourse claims remain unaffected.
8.5 If the Customer is a consumer, they are requested to report goods delivered with obvious transport damage to the carrier and inform the Seller accordingly. Failure to comply with this requirement does not affect the Customer’s statutory or contractual warranty claims.
9. REDEEMING PROMOTIONAL VOUCHERS
9.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period and provided to the Customer free of charge (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop within the specified period.
9.2 Certain products may be excluded from the voucher campaign if such a limitation is indicated in the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completing the order. A subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the Promotional Voucher does not cover the entire order, one of the other payment methods offered by the Seller can be chosen to settle the remaining amount.
9.7 The credit from a Promotional Voucher will not be paid out in cash or bear interest.
9.8 The value of the Promotional Voucher will not be refunded if the Customer returns the goods paid for, in whole or in part, using the Promotional Voucher within their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller is aware of or grossly negligent regarding the holder’s lack of authorization, legal incapacity, or lack of authority to represent.
10. REDEMPTION OF GIFT VOUCHERS
10.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop unless otherwise specified on the voucher.
10.2 Gift Vouchers and any remaining balance from Gift Vouchers are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the Customer until the expiration date.
10.3 Gift Vouchers can only be redeemed before completing the order. A subsequent offsetting is not possible.
10.4 Multiple Gift Vouchers can be redeemed for a single order.
10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.
10.6 If the value of the Gift Voucher does not cover the entire order, one of the other payment methods offered by the Seller can be chosen to settle the remaining amount.
10.7 The balance of a Gift Voucher will not be paid out in cash or bear interest.
10.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller is aware of or grossly negligent regarding the holder’s lack of authorization, legal incapacity, or lack of authority to represent.
11. APPLICABLE LAW
For all legal relationships between the parties, the law of the Republic of Austria shall apply, excluding the laws on the international sale of goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
If the customer is acting as a merchant, a legal entity under public law, or a public-law special fund domiciled in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Republic of Austria, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, in these cases, the seller is in any case entitled to bring an action at the customer’s place of business.
14. ALTERNATIVE DISPUTE RESOLUTION
14.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.