Purchase agreements concluded via this platform, between Bloombo (Hofmühlgasse 7a/22, 1060 Vienna, Austria, E-mail: firstname.lastname@example.org, phone: +43 (0) 650 262 2442. Website: www.bloombo.com)- hereinafter referred to as the "Supplier" - and the users of this Platform, hereinafter referred to as "Customer/Customers", as defined in § 2 of these General Terms and Conditions.
§1 Scope of application
For the business relationship between the supplier and the customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the supplier and collect them via the button "in the shopping basket" in a so-called shopping basket. Via the "Buy Now" button, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.
(2) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail with the subject "Confirmation of your order with BLOOMBO", in which the order of the customer is re-listed and which the customer can print out using the "Print" function. The order of the customer (1) represents the offer to contract conclusion with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) (2) represents the acceptance of the offer by the supplier. In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, the contract text (consisting of the detailed order, general terms and conditions and order confirmation) is sent to the customer by us, per e-mail or on paper. The text of the contract is stored in compliance with data protection.
(3) The contract shall be concluded in the following language: English.
§ 3 Delivery, products availability and payment modalities
(1) Delivery times specified by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price. (2) If the product designated by the customer in the order is only temporarily unavailable, the supplier also notifies the customer without delay. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to terminate the contract. In this case, he will refund any payments already made by the customer without delay. (3) There are the following delivery restrictions: The supplier only delivers to customers who have their habitual residence (invoice address) in one of the following countries and can specify a delivery address in the same country: Austria, Germany, France, Belgium, Benelux, Spain, Portugal, UK, Ireland…. (4) The customer can make the payment by bank transfer or PayPal. (5) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by failure to meet the contract.
§ 4 Retention of property
The delivered goods remain the property of the supplier until full payment of the purchase price.
§ 5 Prices and Shipping costs
(1) All prices, which are stated on the website of the supplier, are inclusive of the applicable legal value-added tax. (2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be born by the customer insofar as the customer does not exercise any right of revocation. (3) The customer must bear the direct costs of the return in the event of a revocation.
§ 6 Guarantee of Quality
The supplier is liable for material defects according to the applicable legal regulations. The warranty period for products sold by the supplier is 4 months.$7
§ 7 Liability
(1) Claims of the customer for damages are impossible. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. (2) In case of a breach of essential contractual obligations, the supplier is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from a violation of life, body or health. (3) The limitations of paragraphs (1) and (2) shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are directly asserted against them. (4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Notes on data processing
(1) The Supplier collects data of the customer within the framework of the processing of contracts. Without the Customer's consent, the Supplier will only collect, process or use the Customer's data, as far as this is necessary for the handling of the contractual relationship and for the use and billing of telemedia. (2) Without the consent of the customer, the provider will not use the customer's data for purposes of advertising, market or opinion research.
Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (Bloombo, Hofmühlgasse 7a / 22, 1060 Vienna, Austria, E-Mail: email@example.com, phone: 0650 262 2442, website: www.bloombo.com) by post letter or e-mail, about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us), within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us.
For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise. In no case will you be charged for these repayment fees. We may refuse repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days.
The customer bear the immediate cost of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
Sample of revocation form
(If you want to revoke the contract, please fill out this form and return it).
Telefon: +43 (0) 650 262 2442
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
- Appointed on (*) / received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only in the case of a communication on paper)
We understand that the careful handling of your personal data is very important to you. We comply strictly with the statutory provisions of the Data Protection Act (DSG 2000) and the Telecommunications Act (TKG 2003) in the collection, processing and use of your data. In principle, you can visit our website without leaving personal data. In some cases, however, we need such data from you (when placing an order, when participating in winning games, when contacting us, when subscribing or unsubscribing to our Newsletter).
Your data helps us to design and improve your shopping experience on www.bloombo.com. We use the personal data (first name, last name, street, postcode, town, telephone number, e-mail address, date of birth) to process the orders, to deliver the goods, to check the creditworthiness, to process the payment, to guard agains a misuse of our website and to inform you about orders, products, services and offers.
Your personal data will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract processing - in particular the transfer of order data to our shipping partner - or you have previously given your consent. You have the right to revoke your consent with effect for the future at any time.
With your agreement, we use your email address to send our newsletter. You can unsubscribe from our newsletter at any time after registering by clicking on the email address in the imprint or clicking on the link to unsubscribe at the end of each newsletter.