Blunk Trading Terms and Conditions

General terms and conditions of business

1. scope

The following terms and conditions apply to all orders via our Internet shop by consumers and entrepreneurs.

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

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with Blunk Trading GmbH.

fixed price format

When we list items in a fixed-price format, we make a binding offer to enter into a contract for that item.

You accept the offer by confirming the purchase in the shop. For fixed-price items for which we have selected the "immediate payment" option, you accept the offer by clicking on the "buy it now" button and completing the immediately subsequent payment process. You can also accept offers for several items by placing the items (if available) in the shopping cart and completing the payment process immediately afterwards.

correction options

You can recognize and correct your entries before submitting the order using the self-explanatory means provided by the internet shop in the ordering process. To cancel a transaction, press your browser's "Back" button to return to the item page or shopping cart. In the shopping cart you can change the quantity of the products by changing the number of items or delete the item from the shopping cart by clicking on "Remove". Input errors can also be corrected by canceling the purchase process.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We store the text of the contract on our systems, which are not accessible to you.

4. delivery terms

In principle, you have the option of picking up the goods from Blunk trading GmbH, Uenzer Dorfstraße 45, 19339 Plattenburg / GT Uenze, Germany during the following business hours: Mon-Sat 8:00 a.m. - 8:00 p.m

5. pay

The following payment methods are generally available to you in our online shop:

Payment in advance

If you choose the payment method in advance, we will give you our bank details immediately after completing the order and deliver the goods after receipt of payment.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the online shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

Credit card

When placing the order, enter your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

Cash on pickup

You pay the invoice amount in cash upon collection.

Purchase on account via PayPal

You will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you do not have to be registered there. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-discharging effect. In addition to our terms and conditions, PayPal's terms and conditions and data protection declaration apply to payment processing via PayPal. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

6. right of withdrawal

Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. retention of title

The goods remain our property until full payment.

The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranties and Guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment 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)
• as part of a guarantee promise, if agreed
• as far as the area of ​​application of the Product Liability Act is open.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty
• in the case of a promise of guarantee, if agreed, or
• as far as the area of ​​application of the Product Liability Act is open.

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

For the rest, claims for damages are excluded.

11. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. protection of minors

If your order includes goods that are subject to age restrictions for sale, we will

by using a reliable procedure including a personal identity and age check that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally.

13. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.