General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Mert Yüksel) via the website https://bulkozen.com. Unless otherwise agreed, the inclusion of any terms of your own that you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By posting the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” Via the corresponding button in the navigation bar, you can access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” (or similar designation) button and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or, after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the “back” function of the internet browser), or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order with costs,” “pay” / “pay now” or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured, and in particular is not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You shall provide us with the information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after the conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates applicable laws. You expressly indemnify us against all claims by third parties asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for factual accuracy and, insofar, assume no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are shown to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, “PayPal” may use additional payment services; insofar as special payment conditions apply to this, you will be notified of these separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Stripe”
If you select a payment method offered via “Stripe,” payment processing is carried out via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are shown to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, “Stripe” may use additional payment services; insofar as special payment conditions apply to this, you will be notified of these separately. Further information on “Stripe” can be found at https://stripe.com/de.
§ 5 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
(1) German law shall apply. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
Mert Yüksel
Schützenstraße 11
6020 Innsbruck
Österreich
Telefon: +43 6609484156
E-Mail: info@bulkozen.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we receive your order, the order data, the legally required information in distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of Conduct
4.1. We have submitted to the Buyer’s Seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. Costs incurred for the transfer of money (bank transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur, or a person otherwise designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2023