TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

1. scope of application

For all orders via the online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal entity or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process.

The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the "Buy" button. Immediately after sending the order you will receive another confirmation by e-mail.

A binding contract can also be concluded beforehand as follows:

If you have chosen credit card payment, the contract is concluded at the time of the credit card charge.
If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
If you have chosen the payment method IMMEDIATELY bank transfer, the contract is concluded at the time of the confirmation of the payment order to SOFORT GmbH.
The language available for the conclusion of the contract is German.

The text of the contract will not be saved by us.


3. terms of delivery, customs fees & import taxes
After confirmed receipt of payment, the goods will be shipped immediately; on average, the goods will be shipped within 3 days at the latest. The order is sent from China to the customer. The shipping time is usually between 10-18 days.
In addition to the price paid, customs duties or import sales tax may also be incurred occasionally, as the goods are shipped from China. Whether your order is subject to customs duties or import sales tax, you must clarify with customs in your country before ordering. All prices indicated in our shop are exclusive of VAT. Our products are shipped duty unpaid and untaxed, so the buyer (importer) is responsible for the proper payment of customs duties or import sales tax.

Further information about customs & import taxes can be found here

We cannot be held liable for packages that do not make it through local customs and are destroyed because the shipment is illegal in the country of destination. The customer is solely responsible for compliance with local laws. We cannot be held responsible for any import taxes that may be applicable, it is the sole responsibility of the customer to pay such taxes.

We only deliver by mail. Unfortunately it is not possible to collect the goods yourself.

§ 4. payment

The Bietigheim Sunshine Ltd, 71-75 Shelton Street Covent Garden, WC2H 9JQ London, United Kingdom, is responsible for payment processing


In our shop the following payment methods are available to you:

a. credit card

Your credit card will be charged when the order is completed.

b. Paypal

You pay the invoice amount via the online provider Paypal. You have to be registered there or register first, legitimize with your access data and confirm the payment order to us (exception: guest access). You will receive further instructions during the ordering process.

d. IMMEDIATELY bank transfer

We also offer IMMEDIATE bank transfer. In this case we will receive the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT Überweisung automatically and in real time sets up a transfer in your online bank account. The purchase amount is transferred immediately and directly to the bank account of the retailer. If you choose the payment method IMMEDIATELY Bank Transfer, a pre-filled form will open at the end of the order process. This form already contains our bank details. In addition, the transfer amount and the intended purpose are already displayed in the form. You must now select the country where you have your online banking account and enter the bank code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, every Internet user can use the IMMEDIATE bank transfer as a method of payment if he or she has an activated online banking account with PIN/TAN procedure. Please note that the IMMEDIATE transfer is not yet available at a few banks.


5. prices, shipping costs, return costs
All prices quoted in the online shop are net prices excluding the statutory turnover tax/value added tax, import turnover tax and customs duties. 
With our shipping method "free shipping" no shipping costs are charged. The delivery terms are always duty unpaid & untaxed.

If the customer makes use of his right of withdrawal, he has to bear the regular costs of the return shipment (§ 15 Abs 2 FAGG). The return costs vary depending on the product and the number of products, usually they amount to between 20-40€. 


6. right of withdrawal
Consumers are entitled to the statutory right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

§ 7. reservation of title
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

§ 8. transport damage
If goods are delivered with obvious transport damages, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.

§ 9 Warranty and guarantees
The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service at any time by email:
support@bietigheim.zendesk.com

§ 10. disclaimer of liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty in the case of guarantee promises, insofar as this has been agreed to insofar as the scope of application of the Product Liability Act has been opened up.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected.

Otherwise, claims for damages are excluded.
11 Prohibition of assignment and pledging
The assignment or pledging of the customer against the provider to which he is entitled claims or rights is excluded, unless the provider agrees in writing. To the agreement the offerer is obligated only if the customer proves a justified interest in the transfer or Verpfändung. 
12 EU regulation about online dispute resolution (VO 524/2013/EU)
From 15 February 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. In this context we are legally obliged to refer you to our e-mail address. This is: support@bietigheim.zendesk.com

We shall endeavour to settle any differences of opinion arising from our contract with the customer by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer our customers the opportunity to participate in such proceedings. 


13 Severability Clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.