Terms of service

General terms and conditions with customer information

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/bluestein-germany/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop /bluestein-germany/privacy_policy).

Table of contents

1. scope
2. conclusion of contract
3. right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. preorder
7. retention of title
8. Liability for defects (warranty)
9. Liability for damages and reimbursement of expenses
10. Redeeming promotional vouchers
11. Redeeming Gift Vouchers
12. Applicable Law
13. place of jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope

1.1  These general terms and conditions (hereinafter "GTC") of Bluestein GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his online -Shop completes illustrated goods. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2  These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.

1.3  A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2  The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard 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.

2.3  The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4  If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.

2.5  If the "Amazon Payments" payment method is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "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, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.6  When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7  Before submitting the binding order via 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8  Only the German language is available for the conclusion of the contract.

2.9  The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1  In principle, consumers are entitled to a right of withdrawal.

3.2  Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1  Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2  For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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 you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.5  If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.6  If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:

https://bluestein.de/pages/zahlungsmoglichkeiten

5) Delivery and shipping conditions

5.1  Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2  If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3  Pickup is not possible for logistical reasons.

5.4  Vouchers are given to the customer as follows:

- per Download

 

6. Pre-Order

If the customer orders goods that are only marked with the note "Pre-order now" in the online shop, a binding purchase contract is concluded between the customer and Bluestein GmbH. In such a case, however, the customer has the right to cancel the contract free of charge by means of a corresponding declaration, as long as the customer has not yet received any information about the dispatch of the pre-ordered goods. Any existing statutory right of withdrawal for consumers remains unaffected.

6.1. Payment of a pre-order
The costs are charged to the customer at the time of ordering, not at the time of shipment. By placing a pre-order, the customer expressly agrees that the company will use the payment method specified by him and invoice at that time.

6.2. Delivery of a pre-order
Products are expected to be ready for dispatch by the date specified on the product page when ordering, subject to reasonable delays in manufacture and/or delivery. This date is an estimate only and is subject to change. The company does not guarantee that it can ship the product on the estimated date. Consequently, in the event of a delay and failure to meet the estimated shipping date of the product, BLUESTEIN GmbH will not be responsible for any damages that may result from the delay and will not be obligated, except as provided in these Terms, to provide any rebates, refunds, or credits due to such delays to grant. The products will be shipped in the order in which the pre-order is received by the company. Shipping is Monday to Friday excluding Bank Holidays unless otherwise stated.

7) Retention of title

If the seller pays in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

8.1  If the purchased item is defective, the statutory liability for defects applies.

8.2  If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8.2.2 If there is a defect, we are entitled to determine the type of supplementary performance, taking into account the type of defect and the legitimate interests of the customer. Subsequent performance is deemed to have failed in these contracts after the third unsuccessful attempt. This number does not apply in the case of recourse according to § 478 BGB.

 

8.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, if these are not increased by the fact that the item has been transported to a location other than the registered office or the commercial establishment of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.

8.2.4 The customer's claims for defects, including claims for damages, expire in one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of §§ 438 Para. 1 No. 2 BGB and § 634a Para. 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, limb or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

9) Liability for damages and reimbursement of expenses

9.1 If you are a consumer, we are liable for damages according to the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 9.2 to 8.7:

9.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions.

9.2.2 If we or our representatives or vicarious agents have violated an obligation through slight negligence, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on compliance with which the customer regularly relies, liability is limited to the foreseeable, typically occurring damage limited.

9.2.3 Unless otherwise specified under clauses 9.2.1 and 9.2.2, our liability for damages is excluded. The same also applies if recourse claims are asserted against us as the supplier in accordance with Section 478 of the German Civil Code.

9.3 The liability exclusions and limitations under Section 9.2 also apply to other claims, in particular tortious claims or claims for reimbursement of wasted expenses instead of performance.

9.4 The exclusions and limitations of liability under Section 9.2 do not apply to any existing claims pursuant to Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a service success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

9.5 Unless the limitation of liability according to Section 9.2 applies to claims from producer liability according to § 823 BGB, our liability is limited to the compensation of the insurance company. If this does not occur or does not occur in full, we are liable up to the amount of the coverage. This clause does not apply in the event of culpable injury to life, limb or health.

9.6 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

9.7 A reversal of the burden of proof is not associated with the above regulations.

10) Redemption of promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

10.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 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.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

10.8 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.9 The promotional voucher is transferrable. The seller can make payments with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

11) Redeeming Gift Certificates

11.1  Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

11.2  Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.

11.3  Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4  Only one gift voucher can be redeemed per order.

11.5  Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

11.6  If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.7  The balance of a gift voucher is neither paid out in cash nor does it earn interest.

11.8  The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

12) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

15) Alternative Dispute Resolution

15.1  The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

15.2  The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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