1.1 These terms and conditions of the Blueberry Forest Institute (hereinafter referred to as "Seller"), apply to all contracts that the customer concludes with the Seller regarding the products and/or services presented in the Seller's online shop. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 Customers within the meaning of clause 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
2.1 The product representations contained in the online shop of the seller serve for the submission of a legally binding offer by the customer. All orders are accepted only under our General Terms of Delivery and Payment. Our offers are subject to change without notice. We do not guarantee that the goods we offer for sale will actually be available at the prices stated.
2.2 The customer may submit the offer by telephone, in writing, by fax, by email or via the online order form integrated in the seller's online shop. When placing an order via the online order form, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart after entering his personal data and by clicking the button "Send order" in the final step of the ordering process. Before the binding submission of the order, all entries can be continuously corrected using the usual keyboard and mouse 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 and mouse functions.
2.3 If the customer submits his offer by fax, by e-mail or via the online order form integrated in the seller's online shop, the seller will immediately confirm receipt of the customer's offer electronically (fax or e-mail).
2.4 The seller can accept the customer's offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.
2.5 The order data is stored by the seller and can be retrieved by the customer after sending his order but not via the seller's homepage.
2.6 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 You can revoke your contractual statement within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or if the goods have been delivered to you before the end of this period by returning the goods. The period begins after receipt of this instruction in text form. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to:
Blueberry Forest Institute
In the Blueberry Forest 1-3
92439 Old people's wall
3.2 Consequences of cancellation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods, you only have to pay compensation if the deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. By "testing the properties and functionality" we mean the testing and trying out of the respective goods, as is possible and usual in a retail shop.
Items that can be shipped as a parcel are to be returned at your risk. You have to bear the regular costs of the return shipment. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
4.1 The Seller's prices quoted are final prices, i.e. they include all price components, including the statutory German value added tax. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product presentation in the offer.
4.2 For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
- Direct debit by debit entry
- Payment in advance by bank transfer or PayPal
- Cash on delivery
4.3 If shipping abroad is additionally offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product presentation in the offer:
- Payment in advance by bank transfer or PayPal
- Cash on delivery
In the case of deliveries to countries outside the European Union, additional costs will be incurred in individual cases, such as additional taxes and/or duties, for example in the form of customs duties.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 The customer is only entitled to set-off if the counterclaim is undisputed, legally established or acknowledged by the seller.
4.6 The customer may only exercise a right of retention if the claims are from the same contractual relationship.
5.1 The delivery of goods is carried out regularly by means of dispatch and to the delivery address indicated by the customer. When processing the transaction, the delivery address indicated in the seller's purchase procedure is decisive. Deviating from this, the delivery address stored by the customer with PayPal is decisive when choosing the payment method PayPal.
5.2 If a delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller, whereby the customer has to bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service or if the customer thereby exercises his right of revocation.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer or a person authorized to receive the goods upon delivery. If the customer is an entrepreneur (who acts in the exercise of his commercial or independent professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration in the case of mail order purchases shall pass to a suitable transport person upon delivery of the goods at the seller's place of business.
5.4 With respect to an entrepreneur, all agreed delivery periods shall apply subject to correct and timely delivery to the seller's own suppliers in cases where the seller has concluded a concrete covering transaction and is not responsible for the lack of availability.
5.5 Delivery periods shall only be binding if they have been confirmed by us in writing. The delivery takes place from the Blueberry Forest. In all cases the buyer bears the shipping costs. Our prices include customary packaging suitable for normal shipping. Foreign shipments can only be made against prepayment or cash on delivery.
If an order is accepted, the goods will be dispatched immediately after receipt of payment. The receipt of payment takes place on the following account:
Blueberry Forest Institute
Account: 732656, bank code: 75069020, Raiffeisenbank Bruck
IBAN: DE96 7506 9020 0000 7326 56, Swift: GENODEF1BUK
IBAN: CH43 0029 2292 1534 1740 N, Swift: UBSWCHZH80H, Clearing 233, UBS
The delivered goods of the seller remain the property of the seller until full payment has been received.
If there is a defect in the purchased item, the statutory provisions shall apply. Deviating from this applies:
7.1 For entrepreneurs - an insignificant defect does not justify any claims for defects in principle, - the seller has the choice of the type of subsequent performance, - the limitation period for defects is one year from the transfer of risk in the case of new goods, - the rights and claims due to defects are excluded in principle in the case of used goods, - the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers the period of limitation for claims for defects is
- for new goods, two years from delivery of the goods to the customer.
- in the case of used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.
7.3 For entrepreneurs and consumers, the above limitations of liability in clause 7.1 and clause 7.2 do not apply to claims for damages and reimbursement of expenses which the buyer can assert for defects in accordance with the statutory provisions. Section 8 applies to these claims.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the case of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer is a businessman within the meaning of § 1 HGB (German Commercial Code), the commercial duty to examine and give notice of defects pursuant to § 377 HGB shall apply. If the customer fails to comply with the duties of notification regulated therein, the goods shall be deemed to be approved.
7.6 If the customer is a consumer, he is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
7.7 If the supplementary performance has been carried out by way of a replacement delivery, the customer is obliged to return the goods delivered first to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with the statutory provisions.
7.8 The assignment of the customer's warranty claims is excluded.
8.1 The Seller shall be liable without limitation for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraudulent intent and guarantee promises and if liability is based on mandatory statutory provisions, such as the Product Liability Act.
8.2 In all other respects, the Seller shall be liable as follows, regardless of the legal grounds:
8.2.1 If the Seller has negligently breached a material contractual obligation (so-called cardinal obligation), the liability to pay compensation for material damage is limited to the foreseeable, typically occurring average damage. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
8.2.2 If the Seller has negligently breached an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.
We would like to point out that we store and process personal data of our customers in the course of normal business transactions in accordance with the Data Protection Act.
The intellectual property rights for the Blueberry Forest Internet pages, including their design and content, in particular all documents, elements and programs, are owned exclusively by Blueberry Forest and may not be copied, distributed, edited or publicly reproduced without prior express consent. Exceptions apply to the parts of our online offer that were made available to us by other companies.
The reproduction or other use of the published documents is only permitted for informative purposes or for personal use. Any other reproduction or other use is expressly prohibited.
Links to our Internet pages are not permitted without our prior consent.
With the purchase of these marked goods, you undertake to ensure that they are processed professionally. The illustrations in our catalogue are not binding. They may differ slightly from the original products in colour, shape and size. We reserve the right to make changes, printing errors and mistakes of any kind. The contract is subject to German law. The invalidity of individual points of these general terms and conditions does not affect the validity of the remaining provisions. The contract is subject to German law. The ineffectiveness of individual points of these General Terms and Conditions of Business does not affect the effectiveness of the remaining provisions.
13.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or usual abode is not known at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
13.3 The contractual language is German.
Translated with www.DeepL.com/Translator (free version)