General Terms and Conditions
1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An 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 will only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with BOLK e-commerce GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit your order.
We accept your offer within two days by
- submitting a declaration of acceptance in a separate email or, if applicable, by our service provider or the selected payment service provider processing the payment transaction. The time at which the payment transaction is processed depends on the payment method selected (see "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. Contract Language, Contract Text Storage
The language(s) available for concluding the contract: German, English, French, Spanish, Italian
We save the contract text and send you the order details and our General Terms and Conditions in text form. You can view the contract text in our customer login.
4. Contract Subject
4.1 Product Description
The validity of the respective product description as an essential part of the contract is pointed out.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
5. Delivery Conditions
Delivery Options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking up your order from BOLK e-commerce GmbH, Rathausplatz 3, 52152 Simmerath, Germany, during the following business hours: 9 a.m. - 4 p.m.
6. Payment
The following payment methods are generally available in our shop.
Prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on Pickup
You pay the invoice amount in cash upon pickup.
Credit Card
You enter your credit card details during the ordering process.
Your card will be charged immediately after you place your order.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by Amazon Pay within one banking day after you place your order.
Amazon Pay can offer registered Amazon Pay customers, selected according to its own criteria, additional payment methods in their customer account. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Amazon Pay. You can find further information about this in your Amazon Pay account.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found for each payment option and during the ordering process.
Purchase on account via Klarna
The invoice amount is due after the goods have been dispatched and the invoice has been received.
Klarna can offer registered Klarna customers, selected according to its own criteria, additional payment methods in their customer accounts. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Klarna. Further information on this can be found in your Klarna account.
Klarna credit card
You enter your credit card details during the ordering process. Klarna will charge your card immediately after you place your order. An address or credit check is not performed.
Klarna Direct Debit
You authorize Klarna to use a SEPA direct debit. Klarna will inform you of the debit date (so-called prenotification). Your account will be debited after the goods are shipped.
Installment Purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is €6.95.
Klarna can offer registered Klarna customers, selected according to its own criteria, additional payment options in their customer account (e.g., interest-free installment plans). However, we have no influence on the availability of these payment methods; other individually offered payment methods affect your legal relationship with Klarna. Further information can be found in your Klarna account.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order.
The payment transaction is processed by PayPal immediately after the order is placed. Further information can be found during the ordering process.
PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods in their customer account. However, we have no influence on the availability of these payment methods; Other individually offered payment methods affect your legal relationship with PayPal. Further information can be found in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information can be found for the respective payment option and during the ordering process.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, verify your identity, and confirm the payment order. Your account will be debited immediately after placing your order. Further information will be provided during the ordering process.
7. Right of Withdrawal
You have the statutory right of withdrawal, as described in the cancellation policy.
8. Retention of Title
The product remains our property until full payment has been made.
The following additionally applies to businesses: We retain ownership of the product 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 to us in advance all claims arising from this resale – 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; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport Damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For 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 designated to carry out the shipment.
10. Warranty and Guarantees
10.1 Warranty Law for Defects
Unless expressly agreed otherwise below, the statutory warranty law applies.
The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents
- in the event of injury to life, limb, or of health
- in the event of intentional or grossly negligent breach of duty and 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 whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
Restrictions on Entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract shall be deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Note for Merchants
Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed approved, unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
10.2 Guarantees and Customer Service
Information on any applicable additional guarantees and their exact terms and conditions can be found with the product and on special information pages in the online shop.
11. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives, or vicarious agents.
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of Guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Furthermore, claims for damages are excluded.
12. Dispute Resolution
To resolve disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in any dispute resolution proceedings before this body.
13. Cancellation Policy
Right of withdrawal
You have the right to revoke this contract within thirty days without giving reasons. The withdrawal period shall be thirty days from the date on which you or a third party other than the carrier designated by you have taken or have taken possession of the last goods. To exercise your right of cancellation you must inform us BOLK e-commerce GmbH, Rathausplatz 3, D-52152 Simmerath, Tel: +49-(0)2473-92710-0, Fax: +49-(0)2473-92710-0, E-mail: info@timeshop24.de by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our web site https://b2b.timeshop24.com/revocation/index If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than thirty days from the date we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within thirty days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of thirty days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods that is not necessary to inspect their condition, properties and functionality.
End of the revocation instruction
14. 30-Day Low Price Guarantee
If the buyer finds an identical product at a lower price (including all additional costs such as postage and packaging) from another German retailer authorized by the brand owner within 30 days of ordering, and this product is immediately available from the retailer's warehouse, the customer is entitled to a refund of the price difference.
15. Note on Battery Disposal
In connection with the sale of batteries or the delivery of devices containing batteries, we are obliged to inform you of the following:
As the end user, you are legally obliged to return used batteries. You can return used batteries that we carry or have carried as new batteries free of charge after use to a municipal collection point, to a local retailer, or to our shipping warehouse (BOLK e-commerce GmbH, Rathausplatz 3, 52152 Simmerath).
The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be disposed of with household waste.
The other symbols shown provide information about the chemical meaning of the pollutants they contain:
- Pb = Battery contains more than 0.004% lead by mass
- Cd = Battery contains more than 0.002% by mass
- Cadmium Hg = Battery contains more than 0.0005% mercury by mass.
16. Final Provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), 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.
