Terms of service
§ 1 Scope of application and contractual basis
(1) These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to the purchase contracts concluded between you as a consumer (hereinafter referred to as ‘Buyer’) and Boodies GmbH (Auguststraße 11, 10117 Berlin, Germany, telephone: +49 (0) 341 25 049 946, e-mail: infos@boodies.de; hereinafter referred to as ‘Boodies‘, ‘we’) as the seller via the website https://boodies.de/ for the delivery of goods.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
(3) All agreements made between you and us in connection with the purchase contract result in particular from these GTC and the respective offer on our website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) You can place the goods you wish to purchase in the electronic shopping cart. You can call up the shopping cart via the corresponding button in the navigation bar and also make changes within the shopping cart. After clicking on the “Checkout” button, enter your contact details, delivery address and, if applicable, a different billing address and select a payment method. By submitting the order by clicking on the “Buy now” or “Submit” button, you are submitting your data and making a binding request to purchase the goods in the shopping cart. You are bound to the order for a period of two weeks.
(3) Before submitting the order, you have the opportunity to check the details in the order overview again. You can correct your selection and entries until the online order form is submitted using the usual browser functions (back function) or cancel the order completely. In addition, your selection and entries will be displayed again in an overview before the online order form is submitted and you can also make corrections there using the usual keyboard and mouse functions. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function.
(4) The buyer may only make changes to the order (e.g. increase or decrease the order quantity) after conclusion of the contract with the consent of Boodies. In particular, Boodies may make such consent dependent on availability.
(5) Boodies will send you a confirmation by e-mail in response to your request and will check the feasibility of your offer (order confirmation). The order confirmation does not constitute acceptance of the offer, but is only intended to inform you that the order has been received by Boodies. The contract is only concluded when Boodies ships the ordered product to you and confirms the shipment to the customer with a second e-mail (shipping confirmation).
(6) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, Boodies will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. Boodies will inform you immediately and refund any payments already received without delay.
(7) The processing of the order and the transmission of the contractual provisions with details of the purchase contract (order data), including these GTC and all other information required by law for distance selling contracts, will be sent to you by e-mail after conclusion of the contract. You must therefore ensure that the e-mail address provided by you in the ordering process and stored with us is correct and that the receipt of the e-mails is technically ensured, in particular that it is not prevented by SPAM filters.
(8) The contract is concluded in German.
§ 4 Right of Withdrawal, Costs of Return Shipment
(1) Consumers have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal, you must bear the direct costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following withdrawal policy apply to the
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform Boodies (Boodies GmbH, Gießerstraße 27, 04229 Leipzig, Deutschland, Phone: +49 (0) 341 25 049 946, E-Mail: infos@boodies.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website (https://boodies.de/). If you make use of this option, Boodies will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of Withdrawal
If you withdraw from this contract, Boodies shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event not later than 14 days from the day on which Boodies is informed about your decision to withdraw from this contract. This repayment will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. Boodies may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
To Boodies GmbH, Auguststraße 11, 10117 Berlin, Germany, e-mail: infos@boodies.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
(4) The right of withdrawal does not apply in particular to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.
§ 5 Prices and shipping costs
(1) The prices stated in the respective offers are total prices. Our prices include packaging costs and statutory VAT.
(2) Unless free delivery has been agreed, you must bear the delivery and shipping costs. In this case, the delivery and shipping costs are not included in the purchase price and are shown separately either via a correspondingly labeled button on our website or in the respective offer as well as during the ordering process.
(3) If Boodies fulfills your order by means of partial deliveries in accordance with § 9 (2), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) The goods are shipped as a parcel via a parcel shipping service provider. Boodies bears the shipping risk if you are a consumer. If you make use of your right of withdrawal, you do not bear the shipping costs; however, you bear the direct costs of the return shipment.
§ 6 Terms of Payment
(1) The payment methods available to you are shown in the respective offer and during the ordering process. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(2) The following payment methods are available to you:
a) Shop Pay:
In order to be able to pay with Shop Pay, you must have a customer account with Shop Pay and have stored your bank or credit card details there. For each purchase, the system checks whether the card has been activated or verified and whether the billing details match the bank account on file.
b) Credit Card:
When paying by credit card, you send Boodies your credit card details with your order. After you have been legitimized as the legal cardholder, we will ask your credit card company to initiate the payment transaction. Your account will then be debited immediately.
c) PayPal:
After the order process, you will be redirected to the website of the online provider PayPal. There, after logging into your customer account, you can initiate the payment order to PayPal. The prerequisite for this is that you have a customer account with PayPal and have stored your bank or credit card details there.
d) Apple Pay:
To pay using Apple Pay, you need your Apple device (e.g. iPhone) and must already have a payment method stored in your Wallet. You confirm the payment instruction via your Apple device. After placing your order, we will ask Apple to initiate the payment transaction.
e) Google Pay:
To be able to pay via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further instructions during the ordering process. You can find the Google Pay terms of use here.
f) Klarna (Pay later):
We offer you the payment method “Pay later” via our payment partner Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden, hereinafter: Klarna). This is a purchase on account. The payment term for this purchase on account is 30 calendar days from receipt of the order confirmation.
The prerequisite for the conclusion of a purchase contract using one of the aforementioned payment methods is a positive identity and credit check, which is carried out by Klarna. If an effective purchase contract is concluded between you and Boodies, we assign our payment claim to Klarna. If you have selected the payment method “Pay later”, payments with debt-discharging effect can only be made to our payment partner. With the aforementioned payment methods, the goods will be dispatched before full payment has been made.
For payments via Klarna, the payment terms of the provider apply. Information on data processing by Klarna can be found in our data protection information.
(3) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases in which the delivery is made to an EU member state but the payment was arranged outside the European Union.
§ 7 Retention of Title
If we make advance payment, the delivered goods (goods subject to retention of title) shall remain the property of Boodies until full payment of all claims arising from this contract.
§ 8 Offsetting; Right of Retention
You are only entitled to offset against our claims if your claims have been legally established, if we have acknowledged them or if your claims are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims arising from the same purchase contract. As the buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 9 Delivery
(1) Delivery shall be made by a shipping service provider to be selected by Boodies. The customer shall bear the shipping costs, which may depend on the order value and the place to which delivery is to be made. Current shipping prices can be viewed under delivery times and shipping costs.
(2) Boodies is entitled to make partial deliveries and render partial services at any time, provided this is reasonable for you. A partial delivery is reasonable in particular if:
a) individual items ordered are temporarily unavailable, but the remaining items can be delivered immediately and you do not incur any additional shipping costs as a result, or
b) the partial delivery has been expressly agreed with you.
You will not incur any additional shipping costs as a result of a partial delivery arranged by us. The shipping costs are based on the shipping conditions published on our website. If a partial delivery is unreasonable for you, you can inform us of this before dispatch. In this case, we will deliver your order in full as soon as all items within a shipping method are available.
§ 10 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
§ 11 Liability
(1) We are liable in accordance with the statutory provisions for damages to life, body and health that are based on a culpable breach of duty by us, our legal representatives or our vicarious agents. Furthermore, we shall be liable in accordance with the statutory provisions for other damage caused by intentional or grossly negligent breaches of contract and fraudulent intent on our part, on the part of our legal representatives or our vicarious agents. Insofar as the scope of application of the Product Liability Act is opened up, we shall be liable without limitation in accordance with its provisions.
We shall also be liable within the scope of a quality and/or durability guarantee, insofar as we have given such a guarantee with regard to the delivered goods. If damage occurs which is based on the fact that the quality or durability guaranteed by us is missing and if this damage does not occur directly on the goods delivered by us, we shall only be liable for this if the risk of such damage is clearly covered by our quality and durability guarantee.
(2) If damage due to delay or due to a defect is based on the simple negligent breach of a material contractual obligation, i.e. the simple negligent breach of an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as the buyer may regularly rely (such as the timely delivery of the goods), our liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; unless it concerns claims for damages resulting from injury to life, body or health. The same applies if you are entitled to claims for damages instead of performance.
(3) There are no further liability claims against us, irrespective of the legal nature of the claims made by you against us. This shall not affect our liability in accordance with paragraph 1 above.
(4) The limitations of paragraphs (2) and (3) also apply in favor of Boodies' legal representatives and vicarious agents if claims are asserted directly against them.
§ 12 Copyrights
We have copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
§ 13 Dispute resolution
We are not obliged or willing to participate in dispute resolution proceedings in accordance with the German Consumer Dispute Resolution Act (VSBG).
§ 14 Final provision, applicable law
(1) The law of the Federal Republic of Germany shall apply to our contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.