GENERAL TERMS AND CONDITIONS OF FAINAD eK (BULL&BERRY) FOR BUSINESS WITH CONSUMERS

1. TERMS AND CONDITIONS; CONTRACTUAL PARTNERS

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts for the purchase of goods in the online shop of FAINAD eK, Wilhelmstrasse 25, 72555 Metzingen (hereinafter referred to as “BULL&BERRY”) – e.g., available at www.bullandberry.de by the customer. Any deviating terms and conditions of the customer shall not become part of the contracts between the parties, even if BULL&BERRY does not expressly object to their validity. The contracting parties within the scope of the contract conclusion are exclusively BULL&BERRY and the ordering customer.

2. ORDER BY THE CUSTOMER

2.1 All customer orders are subject to acceptance by BULL&BERRY and the availability of the goods. When placing an order, the customer warrants that all information provided is correct and complete. Furthermore, the customer confirms that they are an authorized user of the credit card, debit card, or other payment method used to place the order.
2.2 Only adults who have a residential address within Germany and who are placing orders for neither their commercial nor their independent professional activity, nor for that of a third party, may place orders with us. Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are not eligible to place orders. We expressly point out that we will not issue invoices within the meaning of Section 14 of the German Value Added Tax Act (UStG).

3. CONCLUSION OF CONTRACT

3.1 The presentation of products in the online shop does not constitute a legally binding offer, but merely non-binding product recommendations. By ordering goods, the customer submits a binding offer to conclude a purchase contract. After placing the order, the customer will receive an email confirming receipt of the order (hereinafter referred to as the order confirmation). This order confirmation does not constitute acceptance of the offer; therefore, no contract is concluded. A purchase contract between BULL&BERRY and the customer is only concluded upon further express order confirmation.

3.2 Goods are only sold in quantities customary for household use.

4. DELIVERY CONDITIONS; SHIPPING COSTS; RETURN COSTS IN CASE OF CANCELLATION

4.1 Deliveries by BULL&BERRY will only be made after receipt of the purchase price plus any shipping costs incurred in accordance with section 4.3 below.
4.2 Goods will be delivered to the delivery address specified by the customer within Germany by mail after receipt of payment. Delivery outside of Germany is not possible. Unfortunately, delivery to PO box addresses or packing stations is also not possible.
4.3 The shipping costs for deliveries in Germany are specified in the shipping costs overview in the online shop and are shown to the customer in the order form.
4.4 In the event of exercising the statutory right of withdrawal in accordance with Section 6, the following provision shall apply to the costs of returning the goods: Customers from Germany can use our free returns service.

5. PRICES AND PAYMENT METHODS

5.1 The prices listed in the online shop are final prices including statutory VAT plus any applicable shipping costs in accordance with sections 4.3 and 4.4 above. During the ordering process, the customer will receive an overview of the total price of the order before submitting the order.
5.2 The customer can pay by credit card or PayPal. We reserve the right to exclude certain payment methods for each order and to refer to other payment methods.
Immediately: Your account will be debited immediately after you place your order.
Data protection regulations are covered.
5.3 The customer can change the payment method stored in his user account at any time.

6. RESERVATION OF TITLE; SET-OFF; RIGHT OF RETENTION

6.1 For consumers, we retain title to the purchased item until full payment of the invoice amount. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security interests are transferable to third parties.
6.1.1 You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
6.1.2 If the customer defaults on any payment obligations to us, all outstanding claims shall become due immediately.

7. CANCELLATION POLICY

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must contact us FAINAD eK Wilhelmstrasse 25, 72555 Metzingen Tel +49 (0) 712361605, Fax

+49 7123 920880, email info@bullandberry.de ) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use 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 refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to FAINAD eK, Wilhelmstrasse 25, 72555 Metzingen, Germany, or by email: info@bullandberry.de or fax: +49 (0) 71231/, immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
We will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of the cancellation policy

8. EXCHANGE

A direct exchange of ordered goods is not possible. If the customer wishes to purchase a different size or color of the ordered item, they can exercise their right of withdrawal, return the item, and then reorder it. The provisions of the cancellation policy in Section 7 of our General Terms and Conditions apply.

As of April 15, 2020

9. RESERVATION OF TITLE

The goods remain the property of BULL&BERRY until the purchase price has been paid in full.

10. WARRANTY

The warranty is based on the statutory provisions.

To the extent that the products offered in the online shop are illustrated by images, these may depict other items (such as accessories and decorative elements) in addition to the product itself. These items are not part of the product and are not subject to the order. Furthermore, images may also depict product examples and not the specific product itself; in this case, the image is marked accordingly. In all cases, the product description alone is decisive for the quality of the products offered.

11. LIABILITY

11.1 In the event of intent or gross negligence, BULL&BERRY shall be liable without limitation for all resulting and foreseeable damages.
11.2 In the event of slight negligence, BULL&BERRY is liable without limitation for injury to life, body, or health. In the event of a slightly negligent breach of essential obligations, liability is limited to the foreseeable damage typical for the contract. A material obligation is one whose fulfillment is essential for the proper execution of the contract, and whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance the customer may regularly rely. Otherwise, BULL&BERRY is not liable for property damage or financial loss if this was caused by slight negligence on the part of BULL&BERRY, a legal representative, or vicarious agent.
11.3 To the extent that BULL&BERRY's liability is excluded or limited under this Section 10, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11.4 Liability under the Product Liability Act remains unaffected by the above limitations of liability.

12. APPLICABLE LAW

All disputes arising in connection with the initiation, execution or settlement of the contractual relationship between the customer and BULL&BERRY shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

13. PROMOTIONAL VOUCHERS

Promotional vouchers cannot be purchased, but are issued by BULL&BERRY as part of special promotional campaigns. Promotional vouchers cannot be redeemed retroactively, cannot be combined with other promotional vouchers, and are not valid for discounted items (except for promotional vouchers specifically for discounted items, which are subject to separate terms and conditions communicated in conjunction with the respective promotional voucher). Furthermore, cash payment is excluded.

14. ONLINE DISPUTE RESOLUTION

The European Commission provides the following platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/ .

As of: April 15, 2020

SAMPLE CANCELLATION FORM

(If you wish to cancel the contract, please fill out this form and return it.)

To
FAINAD eK
Wilhelmstrasse 25
72555 Metzingen
Phone +49 7123 61605
Fax +49 7123
Email info @bullandberry.de

• I/we (*) hereby revoke 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 if notification is made on paper)
• Date