General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (DKHS UG & Co. KG) via the website https://www.mybzr.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. 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 their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods
(2) By placing the respective product on our website, we already submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, you will finally be shown the order data as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been directed back to our online shop, you will be shown the order data as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview, change it (also via the “back” function of the internet browser) or cancel the order.
By sending the order via the corresponding button (“order with obligation to pay” or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless otherwise stated in the respective offer)
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, insofar as 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 filed. The authority to also call upon the court at another legal venue remains unaffected by this.
(3) The provisions of the UN Sales Convention are expressly not applicable.
II. Customer Information
1. Identity of the Seller
DKHS UG Co. KG
Lütticher Str. 1-3
50674 Cologne
Germany
Phone: 01624421574
E-mail: info@mybizar.com
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations “Conclusion of the Contract” in our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be viewed via an appropriately labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you additionally, unless free shipping has been promised.
6.3. You will have to bear any costs incurred for money transfer (transfer or exchange rate fees charged by credit institutions) in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.3. You will have to bear any costs incurred for money transfer (transfer or exchange rate fees charged by credit institutions) in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under an appropriately labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory Liability for Defects
The liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of the Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: 27.10.2020
