GTC
General Terms and Conditions
for the online shop at the URL
operated by
Berger Pigeon Advice & Trade
Brookweg 6
25551 Winseldorf
e-mail: info@bergerpigeons.com
Telephone number: +49 (0)1525-9201266
- in the following: Provider -
1. scope of application
These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods, services or other goods (hereinafter referred to as "goods") in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. conclusion of contract
2.1 The offers in the online shop represent a non-binding invitation by the provider to online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The order for the product(s) is placed via the provider's online order form. After selecting the desired product(s), entering all mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the bottom of the checkout page (order). By placing an order, the customer submits a binding contractual offer to purchase the selected product(s). The contract is concluded when the supplier accepts the customer's offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by delivering the ordered goods and these goods are received by the customer or by requesting payment from the customer (e.g. invoice or credit card payment in the order process) and the payment request is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.
2.3 Before binding submission of the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other input functions available.
2.4 The provider will save the text of the contract after the conclusion of the contract and send it to the customer in text form (e.g. by e-mail). The provider will not make the contract text accessible beyond this. If the purchase has been made via a customer account in the online shop, the customer can view his orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, Polish, English
.
3. right of cancellation for consumers
Consumers are generally entitled to a right of cancellation for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before the contract is concluded.
https://bergerpigeons.com/widerrufsbelehrung/
4. payment, default
4.1 The prices listed in the online shop at the time of ordering shall apply. All prices are inclusive of VAT and plus any shipping costs listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If "advance payment" has been agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If "purchase on invoice/purchase on account" has been agreed, payment is due immediately after conclusion of the contract, unless a different payment term has been specified in the invoice or in the purchase process.
4.4 If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.
4.5 If payment via "PayPal" has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.6 If "Sofortüberweisung" has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. reservation of title
The purchased goods remain the property of the supplier until the purchase price has been paid in full.
6 Delivery and reservation of self-delivery
6.1 Unless otherwise agreed, delivery shall be made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 In the case of deliveries by forwarding agents, delivery shall be made "free kerbside" unless otherwise agreed. This means delivery to the nearest public kerbside to the specified delivery address.
6.3 Self-collection of the purchased goods is excluded.
6.4 If the supplier is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, although it has concluded a congruent hedging transaction with a reliable supplier in good time, the supplier shall be released from its obligation to perform and may withdraw from the contract. The supplier is obliged to inform the customer immediately of the impossibility of fulfilment. Any payments already made by the contractual partner shall be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.
7. warranty
The provisions of the statutory warranty for defects shall apply.
8 Liability and indemnity
8.1 The provider is liable without limitation:
- for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages caused by an intentional or grossly negligent breach of duty by the provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- on the basis of a guarantee promise, insofar as no other arrangement has been made in this respect;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 In all other respects, liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer shall indemnify the provider against any third-party claims - including the costs of legal defence in their statutory amount - that are asserted against the provider due to actions by the customer in breach of the law or the contract.
9. data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the provider's privacy policy.
10. final provisions
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. information on online dispute resolution / consumer arbitration
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found under the heading of these GTC.