1.1. For the business relationship between Bhutan House e.K., owner: Axel Kroker, Sägendobel 16, D-79271 St. Peter, Germany (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following general terms and conditions apply in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and claims on workdays from 9:00 am to 5:00 pm (local German time) by calling +49 7660 9414092 as well as via e-mail at email@example.com.
1.3. Customer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the Customer are not recognized, unless the Seller expressly admits their validity.
2. Offers and Performance Specifications
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to submit a tender. Performance descriptions in catalogues as well as on the websites of the Seller have not the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless stated differently in the product description. Otherwise, errors, changes and omissions cannot be excluded and are therefore reserved.
3. Ordering process and Conclusion of Contract
3.1 The Customer can choose products from the assortment of the Seller without obligation and collect them via the button “Add to Cart” in a so-called shopping cart. Afterwards, the Customer can proceed to the end of the ordering process by clicking on the button “checkout” within the shopping cart.
3.2 By clicking the “Buy Now” button the Customer submits a legally binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can review and change the data at any time. Required entries are marked with an asterisk (*).
3.3 The Seller then sends the Customer an automatic acknowledgment of receipt by e-mail in which the order of the Customer is listed again and which the Customer can print out via the print function of the browser (order confirmation). The automatic order confirmation only documents that the Customer’s order has been received by the Seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the Seller sends the ordered product or hand them over to the Customer within the specified delivery time or the Seller confirms the delivery to the Customer in a second e-mail (express order confirmation) or with the delivery of the invoice.
3.4 If the Seller allows a pre-payment, the contract will be concluded with the provision of the bank data and payment request. If the payment has not been received by the Seller within 10 calendar days after the order confirmation has been sent, the Seller will withdraw from the contract with the consequence that the order is lapsed and the Seller does not have a delivery obligation. The order is then quit for the Customer and Seller without further consequences. A reservation of the article for pre-payment is therefore carried out for 10 calendar days.
4. Prices and Shipping Costs
4.1 All prices shown on the website of the Seller are inclusive of the applicable legal value added tax.
4.2 In addition to the prices stated, the Seller will charge shipping costs and possibly other costs. Shipping costs and other fees are clearly communicated to the Customer on a separate information page and within the scope of the order process.
5. Delivery and Product Availability
5.1 If payment has been made in advance, delivery will be made upon receipt of the invoice amount.
5.2 Should all ordered products not be in stock, the Seller is entitled to partial deliveries at his own expense as far as this is reasonable for the Customer.
5.3 Should the delivery of the goods fail due to the fault of the Customer despite three attempts to deliver the goods, the Seller can withdraw from the contract. If necessary, payments made will be reimbursed to the Customer without delay.
5.4 If the ordered product is not available because the Seller is not supplied with this product by his supplier without his own fault, the Seller can withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if the Customer does not wish to receive a comparable product, the Seller will immediately refund the Customer already paid sums.
5.5 The delivery of the goods offered in the shop is limited to the countries of the EU as well as Andorra, Iceland, Liechtenstein, Monaco, Norway and Switzerland.
5.6 Customers will be informed about delivery times and delivery restrictions (for example, further restrictions on deliveries to specific countries) on a separate information page or within the respective product description.
6. Terms of Payment
6.1 The Customer can choose available payment methods, which may be fee-based, within the ordering process and before it ends. Customers will be informed about the available payment types and possible fees on a separate information page.
6.2 If the payment is possible by invoice, the payment has to be made within 30 days after receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3 If third parties are assigned with payment processing (e.g. PayPal) their general terms and conditions of business apply.
6.4 If the time for payment has been specified by reference to the calendar, the Customer is already in default by exceeding the date. In this case, the Customer shall pay the statutory interest on arrears.
6.5 The Customer’s obligation to pay interest on arrears does not preclude the Seller from asserting further default damages
6.6 The Customer is only entitled to set off his counterclaims if they are legally determined or expressly recognized by the Seller. The Customer can only exercise a right of retention as far as the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been received.
8.1 The warranty is determined by law.
8.2 There is no expanded guarantee beyond the statutory warranty for the goods delivered by the Seller.
9.1 The following exclusions and limitations of liability apply to liability of the Seller for damages and without prejudice to the other legal requirements.
9.1.1 The Seller is liable without limitation, insofar as the cause of the damage is based on intention or gross negligence.
9.1.2 Furthermore, the Seller is liable for the slight negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfil the proper execution of the contract at all and on which the Customer normally relies. In this case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slight negligent violation of obligations other than those specified in the preceding sentences.
9.2 The above-mentioned limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act of Germany remains unaffected.
9.3 Insofar as the Seller’s liability is excluded or restricted, this also applies to the personal liability of employees, representatives and agents.
10. Storage of the Contract
10.1 The Customer can print out the contract before submitting the order to the Seller by using the print function of his/her browser during the last step of the order.
10.2 The Seller also sends the Customer an order confirmation with all order data to the e-mail address specified by him/her. With the order confirmation, the Customer also receives a copy of the terms and conditions, including instructions about the shipping costs as well as the order, delivery and payment modalities. If you have registered in our shop you can review your orders in your profile sector. We also store the text of the contract but don’t make it available on the Internet.
11. Privacy Protection
11.1 The Seller processes personal data of the Customer appropriately and according to the legal requirements.
11.2 Personal data (such as name, e-mail address, address, payment data) given for the purpose of ordering goods, will be used by the Seller for the fulfilment and processing of the contract. These data are treated confidentially and are not passed on to third parties that are not involved in the ordering, delivery or payment process.
11.3 On request, the Customer has the right to receive free of charge information about his/her personal data which were saved by the Seller. In addition, s/he has the right to demand the correction of incorrect data or to block and delete his/her personal data, as far as no statutory retention is required.
11.4 For further information on the type, scope, location and purpose of the collection, processing and use of necessary personal data by the Seller, please refer to the “Privacy Statement”.
12. Jurisdiction, Applicable Law and Contractual Language
12.1 Jurisdication and place of performance shall be the place of business of the Seller if the Customer is a merchant, a legal person under public law or a public law special fund.
12.2 Online Dispute Resolution according to Art. 14(1) ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute settlement (OS) which is available at http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in a dispute settlement procedure in front of this arbitration board. However, we make every effort to resolve disputes arising from our contracts directly with the customer (firstname.lastname@example.org).
12.3 The contract language is English.