The European Commission provides a platform for dispute settlement in consumer disputes and disagreements when buying online, which is available at http://ec.europa.eu/consumers/odr/
§ 1 basic provisions
(1) The following terms and conditions apply to all contracts between
- hereinafter referred to as the provider - and the customer, which are closed via the provider's website www.bubbletea-house.de. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
(3) The contract language is German. The contract text is not saved by the provider and is no longer accessible to the customer after submitting the order. The customer can print out the contract text before placing the order using the print function of the browser or save it electronically.
The order data and the general terms and conditions will be sent to the customer independently by email.
§ 2 subject of the contract
Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the additional information on the provider's website.
§ 3 conclusion of the contract
(1) The product presentations of the provider on the Internet do not represent a binding offer to conclude a contract, but an invitation to place an order (offer of the customer).
When purchasing via the online order form, the goods intended for purchase are placed in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all the order data will be displayed again on the order overview page.
If the customer uses the "PayPal - Express" instant payment system by clicking on the "PayPal Express" button integrated in the shop system, he will be redirected to the PayPal login page. After successful registration, the customer will see the address and account details stored with PayPal. With the "continue" button, the customer is directed back to the online shop of the provider on the order overview page. Before sending the order, the customer has the opportunity to check all the information again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase. By sending the order using the corresponding button, the customer gives a binding confirmation Offer from the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(2) The acceptance of the offer (and thus the conclusion of the contract) takes place in any case by confirmation in text form (e.g. email) in which the customer is confirmed that the order or delivery of the goods has been processed or by sending the goods.
If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already rendered will be refunded immediately.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated via email.
The customer must therefore ensure that the email address he has deposited with the provider is correct, that the receipt of the emails is technically ensured and in particular is not prevented by SPAM filters.
§ 4 prices, shipping costs
(1) The prices listed in the respective offers and the shipping costs represent final prices. They include all price components including all applicable taxes.
(2) The shipping costs are not included in the purchase price. They can be called up via the "Payment and shipping" page, are shown separately in the course of the ordering process and are to be borne by the customer, unless delivery free of charge is promised.
(3) According to § 19 UStG, VAT is not shown on the invoice.
§ 5 payment and shipping conditions
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for a reason for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(4) For consumers it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during the shipment only passes with the delivery of the goods to the customer, regardless of whether the shipment is insured or uninsured.
§ 6 return costs when exercising the right of withdrawal
In the event that the statutory right of withdrawal applicable to consumers in distance selling contracts is agreed, the customer shall bear the regular costs of the return if the price of the item to be returned does not exceed EUR 40 or if the price of the item is higher Customer has not yet made the consideration or a contractually agreed partial payment at the time of the revocation, unless the goods delivered do not correspond to the ordered ones. In all other cases, the provider bears the costs of the return.
§ 7 right of retention, retention of title
(1) The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.
§ 8 warranty
(1) The legal regulations apply.
(2) As a consumer, the customer is asked to immediately check the goods for completeness, obvious defects and transport damage and to report complaints to the provider and the freight forwarder as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.
§ 9 liability
(1) The provider is fully liable for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the object of purchase, in the event of damage after the Product Liability Act and in all other statutory cases.
(2) If essential contractual obligations are affected, the liability of the provider in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the provider according to its content in order to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and the customer can regularly rely on compliance.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. The provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 10 choice of law, place of performance, place of jurisdiction
(1) German law applies, excluding UN sales law. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favorability).
(2) The place of fulfillment for all services from the business relationship with the provider and the place of jurisdiction is the location of the provider, insofar as the customer is not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to also call the court at another legal place of jurisdiction remains unaffected.