» Terms and Conditions
1 | Scope1
(1) For the contractual relations between the operator - the Blackriver GmbH - and his customers founded by this web-shop, shall apply exclusively the following terms and conditions as amended in the time of order.
(2) Different terms and conditions of the customer shall be rejected and shall not become constituent of the contractual relations between the parties.
(3) All arrangements made in this contract between Blackriver and the customer are put into writing.
(4) Customer in terms of this sale conditions are consumer and entrepreneur.
(5) Entrepreneur in terms of this sale conditions are natural or juristic persons or partnerships having legal capacity, which acts in exercise of there commercial or independent occupational activity.
(6) Consumer in terms of this sale conditions are natural or legal persons who enters into a legal transaction for a purpose that is outside his trade, business or profession.
2 | Subject of the Contract / Contract Conclusion
(1) Subject of the contract shall become only the goods which are explicit acknowledged by Blackriver according to number 2 (4) or rather the order of the contractual party will be send.
(2) The product presentation in the online shop is not a legal binding product offering. Hereby, the customer shall be merely asked to submit a quote by ordering.
(3) By sending the mail (by click the "Buy"-button) order the seller places a binding ordering of the chosen goods.
(4) After placing your order, Blackriver will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale; it is merely for your information, to let you know that Blackriver has received your order. A binding contract of sale shall come into being when Blackriver confirms the product delivering or acknowledges the order with an explicit letter of acceptance.
3 | Withdrawal instruction
RIGHT OF WITHDRAWAL
You may withdraw from the contract in writing (e.g. letter, fax, email) within 14 days without giving any reason or - if the item has been delivered before expiry of said term - by retuning the goods. The revocation period shall commence upon receipt of this instruction in text form, however, not before the recipient has received the goods (with repeat deliveries of the same goods, but not before receipt of the first part-delivery) and not before the performance of our duty to inform according to article 246 Para. 2 in conjunction with Para. 1 (1) and (2) EGBGB as well as our obligations according to Para. 312 g (1) Sentence 1 BGB in conjunction with article 246 Para. 3 EGBGB. For the protection of the cancelation period the timely sending of the revocation, or the case is enough. The revocation is to be directed at:
Kirchenlamitzer Str. 20
95126 Schwarzenbach a. d. Saale
Fax: +49 (0) 9284 80 11 522
CONSEQUENCES OF CANCELATION
In case of an effective cancelation the performances received on both sides are to be granted back and to hand over preserved use (e.g., interest), if necessary. If you cannot grant to us the received performance whole, or partly, or only in made worse condition, back, you must perform to us in this respect, if necessary, compensation for lost value. This does not apply, if the deterioration of the case is to be led back exclusively on testing the case, as it would have been possible to you possibly in a retail shop. For the rest, you can avoid the worth liability to pay damages, while you do not take the commodity in use like an owner and omit from everything what impairs the value of the case. Packages capable of dispatch are to be send back on our costs and danger. You shall bear the regular costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, when at the time of the cancelation you have not performed as stipulated or have not made the contractually agreed partial or full payment. In all other cases you may return the merchandise free of charge. Commodities that are not capable of dispatch are puck up with you. You must fulfill liabilities to the allowance of payments within 30 day after sending the cancelation explanation. The grace period starts for you with the date the cancelation is sent or the object is returned; for us, the grace period begins with the receipt of the cancelation or the returned goods.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right to withdrawal shall not persist by distance contracts for the delivery of audio or video recordings or of software which were unsealed by the consumer.
END OF WITHDRAWAL INSTRUCTION
3a | Agreement of the responsibility of costs
If you use your right of withdrawal, you have to bear the regular costs of the return when the delivered good is equivalent to the ordered and when the price of the returning object do not exceed the amount of 40 Euro, or if you did not performed yet a consideration by the time of the cancellation. Otherwise the return is exempt from charges for you.
3b | Compensation for lost value
(1) In case of disproportional deterioration and / or disproportional damage of goods on order at the point of the withdrawal, Blackriver reserves the right to claim compensation for lost value from the customer.
(2) If the deterioration of the case is to be led back exclusively on testing the case, the obligation to pay compensation for lost value is not applicable.
4 | Subject To Change
Drawings, images and other product descriptions – especiallythe images in the online shop– are non-binding. Literal mistakes, design and technical modifications are possible, without contractual partner's rights get well founded thereby.
5 | Delivery & Payment
(1) All indicated prices are in Euro and do include the sales tax.
(2) Delivery of goods shall be carried out against prepayment, cash on delivery, credit card payment or paypal.
(3) For contractual partner living in Germany, Blackriver calculates forwarding costs of EUR 1.45 or 3.90 for postage and packing per mail order – according to the size/weight of the order. In cases of ordering by cash on delivery, additional expenses are incurred in the amount of EUR 5.00.
(4) The forwarding costs for contractual partner from foreign countries are based upon the country of destination. [Forwarding costs]
(5) Orders from foreign countries will be only delivered against prepayment, credit card payment or paypal.
(6) Blackriver reserves to modify the forwarding and cash on delivery costs.
(7) Blackriver is able for partial performances provided that they are conducive for the contract processing and reasonable for the contractual partner.
6 | Transfer Of Perils
(1) By consumers the risk of accidental perishing or accidental deterioration of sold goods purchased by mail order shall pass to the consumer in case of delivery.
(2) If it is about purchase by mail order, the risk shall pass to the entrepreneur as soon as the delivery shall be assigned to the person performing the transport or the delivery left the storage. If the delivery shall be delayed by the customer on demand, the risk shall pass on him after the information of readiness of dispatch.
(3) The delivery shall be deemed to have occurred in the event that customer is in default of acceptance.Blackriver shall make a choice of a carrier to the best of knowledge, but shall not assume no liability.
7 | Warranty
(1) As character of the good shall apply only the product description of the producer. Public demonstrations, targeting or publicity of the producer do not give a description of the contractual character indication.
(2) Warranty claims do not exist by only insignificant divergence of the appointed character or by only insignificant detraction of the usability.
(3) The consumer has the choice if the supplementary performance shall be effected in form of rectification of a defect or replacement delivery. Blackriver is able to deny the proposed ractification when it is merely possible with disproportional costs and the other form of supplementary performance is without significant disadvantages for the consumer.
(4) If the customer is entrepreneur, Blackriver has the choice of the form of supplementary performance. The supplementary performance shall be carried out by ractification of a defect or replacement delivery.
(5) If the supplementary performance fails, the customer can claim at his own option deterioration or cancellation of the contract as well as compensation for damages. In cases of insignificant defects, the customer has no right to withdraw from the contract. If the customer choose compensation for damages, it shall apply the liability according to number 8.
(6) Customers shall inform immediately within one month after receipt of any obvious defects in writing; otherwise the assertion of warranty claims is excluded.
(7) Entrepreneurs have to inspect the delivered goods immediately for variation in quality and quantity variance. Noticeable defects must be suggested in writing within a week from receiving the goods (according to Para. 377 HGB– obligations to notify defects); otherwise the assertion of warranty claims is . Hidden defects must be suggested to Blackriver within a week from detection in writing. To meet the deadline, timely mailing shall suffice. The entrepreneur is sole responsible for providing evidence that his claim is justified, in particular for the defect itself, for the point of time of the detection of defects and for the timeliness of the notice of defect.
(8) The warranty deed for consumer is two years from delivery of the goods.
(9) The warranty deed for entrepreneur is one year from delivery of the goods.
(10) The warranty deed for used matters is one year from delivery of the goods. The annual warranty deed does not apply in case of gross negligence as well as of injury of body, life or health and loss of life of the customer.
(11) Blackriver does not issue a guarantee for customers. Hereof, the manufacturer's warranty shall remain unaffected.
(12) The liability of Blackriver after the product liability act shall remain unaffected.
8 | Liability
(1) In the event of slightly negligent breach of duty the liability of Blackriver shall be limited to the average damages, which are according to the type of good foreseeable, direct and typical for the contract. This applies also to slightly negligent breach of duties of legal representatives and vicarious agents of the Blackriver company.
(2) In the event of slightly negligent breach of duties of non-essential contractual obligations, through whose breach the performance of the contract shall not be at risk, Blackriver and whose vicarious agents shall not be liable. The aforementioned limitation of liability shall not apply the customer's claims from product liability or manufacturer's warranty. Further, the limitations of liability shall not apply in case of injury of body and health or loss of life of the customer, provided this is attributed to Blackriver.
(3) A further liability on damages is excluded, regardless of the legal nature of the enforced claims. This shall apply in particular for claims for damages from default by conclusion of the contract, owing to miscellaneous breach of duties or owing to tort claims for compensation of material damage according to Para. 823 BGB.
(4) The limitation in (1), (2) and (3) also applies as far as the customer shall ask for compensation for futile expenses in lieu of compensation in lieu of performance.
(5) Insofar as liability for compensation against the Blackriver company is excluded or limited, this shall apply also in view of personal liability of compensation of their employees, associates, representatives and vicarious agents.
9 | Title Retention
(1) In the event that the customer is consumer, Blackriver shall reserve the right to keep the property in the goods until the complete payment of the invoice sum is made.
(2) In the event that the customer is entrepreneur, Blackriver shall reserve the right to keep the property in the goods until the complete payment of all accounts from the existing business relationship. Blackriver is able to revoke the goods if the customer acts contrary to contract. The demand for restitution of the goods is not a cancellation of Blackriver.
(3) The customer is obligated to take care of the delivery item during the time of the title retention. Furthermore, it is not allowed for the customer to remove in particular the Blackriver - Branding (skull) from the products during the time of the title retention.
(4) In case of access of a third party on the goods subject to reservation of title, in particular garnishments, the customer shall indicate on the property rights of Blackriver on the goods and inform Blackriver immediately in writing, that property rights can be enforced and suit can be filed according to Para. 771 ZPO. Insofar as the third party has not the ability to compensate Blackriver the judicial and extrajudicial fees of a suit according to Para. 771 ZPO, the customer is liable for the originated deficit.
(5) Blackriver obligates himself to release the securities to which Blackriver is entitled on customers demand if the realizable value of the security exceeds the amount of our claims by more than 20%; the choice of the released securities is for Blackriver.
(6) The entrepreneur shall be able to resell the goods subject to reservation of title in fairly transaction. He shall assign all claims aloft the invoice sum already now, grown through the resale against a third party. Blackriver accepts the assignation. The entrepreneur is authorized to confiscate the accounts receivable after the assignation. Blackriver shall reserve to collect the accounts receivable, in the event that the entrepreneur discharge all payment obligations and is in default.
10 | Data Protection
Blackriver takes the protection of your personal data seriously and observes the Data Protection Act strictly. Personal data shall be only collect on this website in technical essential amount. In no event the collected data will be sold or imparted for some other reasons to a third party.
The following assertion gives you an outline how Blackriver guarantees this protection and which kind of data will be collected for what intention.
- » Data processing on this website
Blackriver collects and saves automatically log files information on his server which your browser transfer to Blackriver. This are:
- type/ version of the browser
- used operation system
- referrer URL (visited site before)
- host name of the accessing computer (IP address)
- time of the server inquiry.
This data are not relatable for Blackriver to specific persons. A combination of this data with other data sources shall not be make, moreover, the data shall be delete after a statistical analysis.
- » Cookies
The websites are using so-called cookies on several positions. It serves to make the offer of Blackriver more user-friendly, effective and saver. Cookies are small text files which will be filed on your computer and saved by your browser. The most of the by Blackriver used cookies are so-called „Session-Cookies“. They will be deleted automatically after your visit. Cookies do not damage on your computer and do not contain any virus.
- » Newsletter
If you want to receive the newsletter offered on the website, Blackriver needs a valid e-mail address of you and information, which allow Blackriver the check-up that you are the owner of the stated e-mail address or rather the owner agree to the receiving of the newsletter. Further data shall not be collected. Your consent to the storage of data, of the e-mail address as well as their use to distribution of the newsletter you can revoke at any time.
- » Right to information
You have at any time the right to information about the stored data respective your person, whose origin and acceptor as well as the intention of the storage. Information about the stored data provides the data protection commissioner.
- » Further information
Your confidence is crucial for Blackriver. So Blackriver wants to be accountable respective the handling of your personal data. If you may have further questions this data protection could not answer or you may require some further information about an item, so please contact the data protection commissioner of Blackriver, Andreas Hick (mail to: firstname.lastname@example.org).
- » Piwik
11 | Applicable Law & Legal Venue
(1) At the contractual relationships between the Blackriver company and the customer German law will be applicable. The mandatory instructions of consumer protection of this country where the customer has his main residence are exempted of the choice of law.
(2) The appliance of the UN sales law is excluded.
(3) Legal venue for all disputes from the contractual relationship between the customer and Blackriver shall be Hof a. d. Saale, provided that the customer is tradesman, corporate body under public law or special fund under public law.
12 | Final Provisions
(1) Entrepreneurs are not allowed to remove in particular the Blackriver - Branding (skull) from the products, in case they shall be used for intentions of promotion, presentation or exposition.
(2) Should individual clauses in this contract between the Blackriver company and the contracting party including these terms and conditions be or become invalid completely or in parts, the validity of the other clauses or the other parts of such clauses shall remain unaffected. The complete or partial invalid settlement has to be replaced by a valid settlement, which matter comes near to the intention of the replaced.
Last update: 20.08.2015