General Terms and Conditions
for the online shop at the URL
operated by
Buchpark GmbH
Krügerweg 1
14959 Trebbin
Germany
Email: info@buchpark.de
Phone number: +4933817976585
- hereinafter referred to as: Provider -
1. Scope of Application
These General Terms and Conditions (GTC) apply, after inclusion, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as “Goods”) in the online shop at the above URL in the version valid at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless expressly agreed by the provider.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The order of the goods is made via the provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider 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 email) (order confirmation) and this order confirmation is received by the customer, or when the provider delivers the ordered goods and the goods are received by the customer, or when the provider requests payment (e.g. invoice or credit card payment during the ordering process) and the payment request is received by the customer; the decisive point in time for the conclusion of the contract is the moment when one of the alternatives mentioned in the first sentence occurs for the first time.
2.3 Before submitting the binding order via the provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. 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 available input functions.
2.4 The provider will store the contract text after conclusion of the contract and transmit it to the customer in text form (e.g. by email). Any further accessibility of the contract text by the provider does not take place. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for contract conclusion: German
.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. Details can be found in the withdrawal instructions, which are provided to every consumer at the latest immediately before conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of ordering apply. All prices include statutory VAT plus any shipping costs listed. The customer is informed about the available payment options in the provider’s online shop.
4.2 If “purchase on account/invoice purchase” is agreed, payment is due immediately after conclusion of the contract unless a different payment term is specified in the invoice or during the purchasing process.
4.3 If “SEPA direct debit” is agreed, payment is due immediately after conclusion of the contract. Before debiting the purchase price, the customer will be informed when to expect the debit of the agreed purchase price (pre-notification). The direct debit will not be executed before receipt of this pre-notification and not before the deadline stated therein. If the direct debit fails due to insufficient funds, incorrect bank details, or other reasons attributable to the customer, the customer shall bear any resulting chargeback fees, provided the customer is responsible for the failure.
4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.5 If payment via “PayPal” is agreed, the purchase price is due immediately after conclusion of the contract. 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.
4.6 If Giropay is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out via paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased goods remain the property of the provider until full payment of the purchase price.
6. Delivery and Reservation of Self-Supply
6.1 Subject to deviating agreements, delivery shall be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of purchased goods is excluded.
6.3 If the provider cannot deliver the ordered goods because it was not supplied itself through no fault of its own, despite having concluded a congruent hedging transaction with a reliable supplier in due time, the provider shall be released from its obligation to perform and may withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be refunded immediately. Mandatory consumer rights remain unaffected.
7. Warranty
The provisions of statutory warranty law apply.
8. Liability and Indemnification
8.1 The provider shall be liable without limitation:
- for damages arising from injury to life, body, or health resulting from intentional or negligent breach of duty by the provider or its legal representatives or vicarious agents;
- for damages resulting from intentional or grossly negligent breach of duty by the provider or its legal representatives or vicarious agents;
- on the basis of a guarantee, unless otherwise regulated;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, liability shall be limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations whose fulfillment is essential to achieving the purpose of the contract and on whose compliance the customer may regularly rely.
8.3 Otherwise, liability of the provider as well as liability of its vicarious agents and legal representatives is excluded.
8.4 The customer indemnifies the provider against all third-party claims – including statutory legal defense costs – asserted against the provider due to unlawful or contractual breaches by the customer.
9. Data Protection
The provider treats customers’ personal data confidentially and in accordance with 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, excluding the UN Convention on Contracts for the International Sale of Goods, provided this choice of law does not deprive consumers habitually resident in the EU of mandatory statutory protections of their 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 provider’s registered office shall have jurisdiction unless exclusive jurisdiction exists. This also applies if the customer has no residence within the European Union. The company’s registered office is stated in the heading of these GTC.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.
The provider participates in a dispute resolution procedure before a consumer arbitration board. The competent body is the Universal Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).
Our email address can be found in the heading of these GTC.