- General Conditions of Use
- 1 Scope of application
(1) These general terms and conditions apply to all business relations between Backpackkit and their customers via physical products and digital content and services.
(2) The general terms and conditions apply in the respective version at the time of the conclusion of the contract. Depending on the customer’s terminal, this document can be printed and / or saved (“Save file as”).
- 2 Condition of the contract
(1) The presentation of the product range of Backpackkit does not constitute an offer within the meaning of §§ 145 ff BGB, but a non-committal invitation to the customer to order these physical products (hereinafter referred to as “Products”) .
(2) By sending an order to Backpackkit via the Internet (by clicking on the button “Buy”), E-mail, telephone, fax or other communication channels, he makes a binding offer to conclude a contract with Backpackkit. The customer receives a confirmation of the receipt of the order by e-mail (order receipt confirmation), in which the order data are listed. This confirmation of receipt does not constitute acceptance of the offer, but is intended only to inform the customer that the order has been received by Backpackkit.
(3) A purchase agreement with Backpackkit via physical products or a usage contract via downloads shall be deemed to arise if Backpackkit accepts the offer of the customer by sending the ordered product to the customer or sending it to the customer with a second e-mail (confirmation of shipment) ).
(4) No purchase contract is concluded for products from the same order, which are not listed in the shipping confirmation. The purchase contract is already concluded with the task of placing the order by the customer and sending the advance payment request by Backpackkit.
(5) If Backpackkit can not accept the offer of the customer, the customer will be informed about the non-availability in place of acceptance of the order. The customer’s counter-performance will be reimbursed immediately.
- 3 Price, due date, payment
(1) All prices include VAT.
(2) Backpackkit accepts only the payment methods indicated to the customer in the course of the ordering process. If Backpackkit has a valid e-mail address of the customer, the invoice will be sent by e-mail.
(3) Subject to paragraph 3, the purchase price and, if applicable, shipping costs are due with invoice. In the case of payment via bank deposit and credit card, the charge is made on the day of the invoice.
(4) Backpackkit reserves the right to demand a prepayment in the amount of the order value, particularly in cases where open invoices are already in the dunning run at the time of the order intake. The same applies if the value of all orders, the sum of outstanding invoices or orders already placed on the dispatch route exceed an amount of EUR 200.00 at the time of a new order. In addition, an invitation to make a prepayment will be given to any customer whose credits exceed or exceed 30 percent of his or her current total invoice volume. The order is processed after receipt of payment.
(5) The customer is only entitled to set-off if and to the extent that his counterclaims are legally established, undisputed or recognized by Backpackkit. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.
- 4 Customer reviews
If the customer makes a customer review, Backpackkit is entitled to display this text on all channels and social media, from Backpackkit. Backpackkit reserves the right not to publish a review or only for a limited period of time and, if this is necessary for legal reasons (eg in the case of violation of personality rights). Customer reviews are solely the opinion of the customers and do not necessarily agree with the view of Backpackkit.
- 5 Warranty
(1) Backpackkit shall be liable for deficiencies within the scope of the statutory provisions.
(2) In the case of contracts with consumers pursuant to § 13 BGB, ie the order can not be assigned to a commercial or independent professional activity of the customer, the warranty period is 2 years from delivery of the goods. In the case of orders from customers who are entrepreneurs pursuant to § 14 BGB, the warranty period is limited to one year.
- 6 Liability
Backpackkit excludes liability for minor negligent breach of duty, provided that:
(A) this does not concern any guarantees or obligations which are essential to the contract, ie obligations whose fulfillment makes the proper implementation of the contract possible at all and on whose compliance the contractual partner may regularly rely and rely,
(B) it is not a matter of damage from injury to life, body or health,
- C) Claims under the Product Liability Act remain unaffected.
The same applies to breach of duty by our vicarious agents.
- 7 Data Protection
Thalia undertakes to treat the personal data of the customer confidentially in accordance with data protection regulations (in particular BDSG and TMG). Details can be found in the data protection information.
- 8 Dispute Resolution
As of 15 February 2016, the EU Commission will provide a platform for out-of-court disputes. This gives consumers the opportunity to clarify any disputes related to their online order without the intervention of a court. The Dispute Settlement Platform is available at the external link http://ec.europa.eu/consumers/odr/. In this context, we are obliged by law to refer you to our e-mail address. This is: email@example.com.
- 1 Revocation right for physical products
Consumers are entitled to a right of withdrawal in accordance with the following conditions, whereby consumers are any natural person who enters into a legal transaction for purposes which can not be predominantly attributable to their commercial or self-employed activities:
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 possessed the last product.
If several of the above alternatives are available, the period of revocation shall only begin to run if you or a third party, which is not a carrier, or you have owned the last product or the last part or the last piece.
In order to exercise your right of revocation, you must notify Backpackkit, which can be used to send an e-mail to: firstname.lastname@example.org. 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 the 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. They bear the immediate cost of returning the goods. They 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.
(1) The right of revocation does not apply to contracts for the delivery of goods which can quickly spoil or whose expiration date would soon be exceeded (eg flowers).
(2) The right of revocation expires early in the case of contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
- 2 Budgetary quantities
The sale of physical products (‘the products’) is only carried out in quantities customary in the household.
- 3 Reservation of title
The delivered products remain the property of Backpackkit until full payment has been received.