Blutsgeschwister Onlineshop
Terms and Conditions
§ 1 Scope
(1) For all contracts between consumers or entrepreneurs (hereinafter jointly referred to as the Customer) and Blutsgeschwister GmbH relating to the online shop https://www.blutsgeschwister.de, the following terms and conditions shall apply exclusively in the version valid at the time of the order. These conditions apply to both new and used items (PreLoved) of Blutsgeschwistern GmbH. Where the regulations are different for PreLoved items, we have highlighted them in bold. PreLoved items are explicitly marked as such in our online shop.The contractual partner is Blutsgeschwister GmbH, Managing Directors Karin Ziegler and Stephan Künz, Kreuzbergstrasse 28, D-10965 Berlin, Commercial Register Court: Berlin Charlottenburg District Court, HRB 173454 B (hereinafter referred to as Blutsgeschwister). Any deviating, conflicting or supplementary terms and conditions shall only become part of the contract if their validity has been expressly agreed in writing. Individual contractual agreements take precedence over these GTCs.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity (§ 13 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal personality who, when concluding the legal transaction, is doing so as part of their commercial or self-employed professional activity (§ 14 BGB).
(3) Amendments to these terms and conditions, including this confirmation clause, as well as the agreement of delivery dates and deadlines, which can be binding or non-binding, require written confirmation by Blutsgeschwister.
§ 2 Offers, conclusion of contract, obligation to perform and deliver
(1) The offers of the Blutsgeschwister online shop in the Internet represent a non-binding invitation to the Customer to order goods in the online shop. Due to the technical limitations to how they can be displayed, the ordered goods may deviate slightly, within reason, from the goods presented on the Internet. In particular, there may be deviations in colour, insofar as this can be considered reasonable. Orders are only binding when they are expressly confirmed or when they are fulfilled by the delivery of the goods.
(2) By clicking the “Buy now” button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We may accept your order by e-mail by (i) sending you a shipping confirmation or (ii) sending you a request for payment or (iii) delivering the goods within five days.
(3) We will save the contract text and send you the order details by e-mail. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by Blutsgeschwister can be received at that address. In particular, if you use SPAM filters, you must ensure that all e-mails sent by Blutsgeschwister or by third parties commissioned by Blutsgeschwister to process your order can be delivered. You can view the GTCs at any time. You can view previous orders in your customer account. The order confirmation does not yet constitute a binding acceptance of the order, unless this is expressly declared by Blutsgeschwister. The subject of the contract is the goods ordered by you as the Customer. Concerning the quality of the goods, § 434 BGB applies.
(4) Blutsgeschwister shall ensure that the quantities indicated correspond to the actual stock held. In exceptional circumstances over which we have no control (e.g. products being out of stock/on sale), deviations may occur. In such exceptional cases, the following shall apply:
(a) If, during the processing of an order, Blutsgeschwister determines that it is not possible to deliver the goods, Blutsgeschwister is entitled to withdraw from the contract. Blutsgeschwister will inform the Customer of this immediately and also immediately refund any payments already received.
(b) The same applies if, due to force majeure or other events, delivery is significantly delayed, made more difficult or becomes impossible and Blutsgeschwister is not responsible for this. Such events particularly include the following: fire, flooding, industrial action, operational disruptions, strikes and official orders that cannot be deemed part of the operational risk of Blutsgeschwister. In the aforementioned cases, the Customer will be informed immediately of the inability to deliver and notified of a new – expected – delivery deadline. Should the new delivery period prove unacceptable to the Customer or if the goods are not only temporarily unavailable within the new delivery period, both the Customer and Blutsgeschwister may withdraw from the purchase contract. Blutsgeschwister will reimburse the Customer immediately for any payments already made. The statutory rights of both contracting parties shall remain unaffected. The Customer’s right of withdrawal and statutory warranty rights shall also remain unaffected by the above provisions.
(5) In the case of consumers, the risk of accidental loss or accidental deterioration of the purchased goods shall not pass to the consumer until the handover of the goods, even in the event of a sale by delivery to a place other than the place of fulfilment.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, even in the event of a sale by delivery to a place other than the place of fulfilment upon delivery of the goods to the forwarding agent, carrier or individual or institution otherwise designated to carry out the shipment.
(6) If there is a delay on the part of the Customer in accepting the goods, the transfer will still be deemed to have taken place.
(7) Blutsgeschwister delivers exclusively to the countries specified in the customer information as per the delivery times and shipping costs thus indicated. If the start or end of the delivery period falls on a Saturday, Sunday or public holiday, the start or end of the period shall be postponed to the following business day.
(8) Partial deliveries are permissible unless the Customer has no apparent interest in them or were it is clearly unreasonable to expect the Customer to accept them. In the event of partial deliveries, packaging and shipping costs are only charged once.
§ 3 Prices and terms of payment, retention of title
(1) The list prices shown on the website at the time of the order shall apply.
(2) The prices are ex works from the Blutsgeschwister headquarters and include VAT and exclude costs for packaging and shipping.
(3) The shipping costs (packaging and shipping) for all countries supplied by Blutsgeschwister can be found in our information on shipping and delivery. There are no shipping costs for deliveries to German members of our VIB Club who are resident in a member state of the European Union. Deliveries to customers outside the European Union may be subject to customs duties and import sales taxes, which are to be borne by these customers.
(4) The minimum order value is €10 for orders placed in Germany and €29 for orders from all other applicable countries.
(5) The available payment option(s) will be communicated to you in our online shop.
Further information on the payment methods can be found in the customer information section and under Shipping, Delivery, and Payment.
(6) If the payment method “Sofortüberweisung” (instant transfer) is available and selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). In order to pay the invoice amount via "SOFORT," you must have an online banking account activated for participation in "SOFORT," identify yourself during the payment process accordingly, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and your bank account is debited. Further information about the "SOFORT" payment method is available at https://www.klarna.com/sofort/
(7) If a payment method offered by the payment service payolution/Unzer is selected, the payment is processed by the payment service provider payolution GmbH (payolution/Unzer), Stiege 1 / 5th floor, Columbusplatz 7-8, 1100 Vienna, Austria (hereinafter referred to as "Unzer"). The individual payment methods available via “Unzer” are displayed to you on a correspondingly designated button on our website as well as during the online ordering process. For processing payments, “Unzer” may use additional payment services; if special payment terms apply, you will be informed of these separately. Further information about “Unzer” can be found at https://www.unzer.com/en.
(8) If a payment method offered by BS PAYONE GmbH is selected, the payment is processed by the payment service provider BS PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt (hereinafter referred to as "BS PAYONE"). The individual payment methods available via BS PAYONE are displayed to you on a correspondingly designated button on our website as well as during the online ordering process. For processing payments, BS PAYONE may use additional payment services; if special payment terms apply, you will be informed of these separately. Further information about BS PAYONE can be found at https://www.payone.com/DE-en.
(9) If a payment method offered by Mollie B.V. is selected, the payment is processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015CW Amsterdam, Netherlands (hereinafter referred to as "Mollie"). The individual payment methods available via “Mollie” are displayed to you on a correspondingly designated button on our website as well as during the online ordering process. For processing payments, “Mollie” may use additional payment services; if special payment terms apply, you will be informed of these separately. Further information about “Mollie” can be found at https://www.mollie.com/
(10) If you select a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the application of PayPal’s terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
If the customer does not have a PayPal account, the conditions for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
(11) Klarna Invoice
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment option “Klarna Invoice.” Payment is made directly to Klarna:
(a) For our customers in Germany:
The payment term is 30 days from the date of dispatch of the goods. The complete invoice terms for our customers in Germany can be found here. The use of the invoice payment method requires a positive credit check. For this purpose, we transfer data within the framework of initiating and processing the purchase contract to Klarna for address and credit checks. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as described in Klarna’s privacy policy.
(b) For our customers in Austria:
The payment term is 30 days from the date of dispatch of the goods. The complete invoice terms for our customers in Austria can be found here. The use of the invoice payment method requires a positive credit check. For this purpose, we transfer data within the framework of initiating and processing the purchase contract to Klarna. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as described in Klarna’s privacy policy.
(12) Until full payment has been made, the delivered goods remain our property (retention of title in accordance with §§158, 449 BGB). The customer must notify us immediately of any enforcement measures by third parties concerning the reserved goods by providing the documents necessary for an intervention; this also applies to any other type of impairment. Regardless of this, the customer is obliged in advance to inform third parties of the rights existing in the goods.
(13) Debiting of the customer’s account
As a rule, after a successful order, your customer account will be debited.
§ 4 Contractual exclusion of set-off and rights of retention
(1) The Customer is not entitled to offset their own claims against Blutsgeschwister’s claims for payment unless the Customer’s claims are undisputed or have been legally established.
(2) The Customer is not entitled to counter claims for payment by Blutsgeschwister with rights of retention – including those arising from notices of defects – unless they result from the same contractual relationship.
§ 5 Redeeming our vouchers
The commercial resale or transfer of Blutsgeschwister vouchers to third parties for the purposes of resale is not permitted.
Blutsgeschwister is entitled to bar a customer and/or demand an alternative payment method in cases where a fraudulently obtained Blutsgeschwister voucher is being redeemed or used for purchases in a flagship store or our online shop.
Vouchers will normally be sent to you by e-mail only, with the exception of gift vouchers, and so transferred electronically to the email address you provided. The voucher will be attached to the email as a PDF file. You may either print out the voucher, or save the e-mail and attachment on your mobile device. You must also ensure that the email address you provide is accurate and configured appropriately (e.g. regarding spam filters) and that it has sufficient free space. It is normally delivered at the same time as your purchase offer is accepted.
(1) Purchased vouchers (gift vouchers)
(a) Gift vouchers are vouchers that you can purchase from our online shop and our flagship stores. You can redeem these when buying items from our online shop or in our flagship stores. You cannot redeem vouchers in order to purchase additional gift vouchers. If the value of your gift voucher is not sufficient for the items you wish to purchase, you can easily make up the difference using one of our different payment options.
(b) Our gift vouchers and credits can only be redeemed before you complete your order in our online shop or before paying at the checkout in one of our flagship stores. You cannot be paid in cash from a voucher, and no interest will be paid on any credit. You can find out more about our gift vouchers here.
(2) Vouchers from purchasing PreLoved items
(a) If you have received a voucher from us from the purchase of PreLoved items, you can only use it to buy goods in our flagship stores or online shop.
(b) Again, you are not entitled to any cash payment from the voucher.
(c) These vouchers are transferable to third parties. In all other respects, the rules concerning redeeming vouchers and additional payment are the same for vouchers received from PreLoved purchases as for gift vouchers.
(3) Promotional vouchers
(a) Promotional vouchers are vouchers that cannot be purchased but are instead issued free of charge as part of a promotion and which have a validity period. These vouchers can be redeemed in our online shop – and in certain cases, also in our flagship stores – and can only be redeemed by consumers.
(b) Promotional vouchers are only redeemable within a specified timeframe and only once as part of an order. Some of our items may be excluded from a voucher promotion. The restrictions concerning when a promotional voucher can be used will be stated on the voucher itself. Promotional vouchers cannot be used to purchase gift vouchers. Our promotional vouchers may be based on a minimum order value.
(c) The value of the goods must be at least equal to the value of the promotional voucher. Where the value of the goods is higher, you can make up the difference using our different payment options. The value of a promotional voucher will not be paid out in cash or accrue interest. The promotional voucher will not be refunded if goods are returned either in whole or in part as part of your statutory right to cancel.
(d) Promotional vouchers may only be redeemed before the order process is complete. It is not possible to settle the payment with a voucher once you have completed your order. A promotional voucher can be transferred to third parties. We can provide services to the respective holder of the voucher, being the person redeeming the promotional voucher in our online shop, with discharging effect. This does not apply if we know about or through gross negligence are ignorant of the fact that the current holder does not have authorisation, legal capacity or the authority to represent another. You cannot combine multiple promotional vouchers unless we have agreed otherwise.
(e) If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you hold if your withdrawal causes the total value of the order to fall below or match the value of the promotional voucher.
§ 6 Liability for faulty goods (warranty)
(1) The warranty for defects in purchased goods shall be governed by the statutory provisions, which are modified by §§ 5 and 6 of these GTCs. This shall apply irrespective of the Customer’s statutory right of revocation pursuant to § 9 and the return option pursuant to § 10. Blutsgeschwister shall only be liable for damages in accordance with § 6.
(2) Ordered goods may differ slightly in colour from the goods depicted on the Internet. We refer you to § 2 para. 1 sentence 2 of these GTCs. Particular rules about the condition of PreLoved items: Blutgeschwister PreLoved items are used items. This means that the usual traces of use that are to be expected with used goods, do not constitute a defect and so do not give rise to warranty rights.
(3) Consumers have the choice of whether to demand subsequent performance by rectification or replacement delivery; § 475 para. 5 BGB remains unaffected. Blutsgeschwister is entitled to refuse the type of subsequent fulfilment chosen or to refuse subsequent fulfilment completely if this is only possible at a disproportionate cost and the other type of subsequent fulfilment does not result in significant disadvantages for the consumer. In the case of entrepreneurs, Blutsgeschwister shall initially provide a warranty for defective goods by rectifying the defect or supplying a replacement at its discretion. The Customer is entitled to the further secondary rights set out in the warranty under the statutory conditions in accordance with the following paragraph 4.
(4) If the subsequent rectification fails, the Customer may in principle demand a reduction in the purchase price (abatement) or rescission of the contract (withdrawal); in addition, the Customer may demand compensation for damages instead of performance. In the event of only insignificant defects, the Customer – taking into account the interests of both parties – shall not be entitled to withdraw from the contract. Instead of compensation for damages in lieu of rectification, the Customer may demand reimbursement of futile expenses within the scope of § 284 BGB, which the Customer incurred and could reasonably be expected to incur in reliance on the receipt of the goods. If the Customer chooses compensation for damages instead of performance, the limitations of liability pursuant to § 6 para. 1 of these GTCs shall apply.
(5) Entrepreneurs must notify Blutsgeschwister of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants, § 377 HGB (German Commercial Code) shall apply.
(6) If the Customer is an entrepreneur, only the product description provided by Blutsgeschwister shall be deemed valid regarding the quality of the goods. Public statements, promotion or advertising by Blutsgeschwister do not constitute a contractual quality of the goods.
(7) The limitation period for consumers is 2 years from delivery of the goods. If a defect has become apparent to the consumer within the limitation period, the limitation period shall not begin before the expiry of 4 months after the time when the defect first became apparent. If the consumer has handed over the goods to Blutsgeschwister or to a third party at the latter’s instigation for the purpose of subsequent performance, the limitation period for claims based on the asserted defect shall not commence before the expiry of 2 months after the date on which the rectified or replaced goods were handed over to the consumer. Period of limitation for consumers concerning PreLoved items: PreLoved items are used goods. The period of limitation of our defect liability for Blutsgeschwister PreLoved items is one (1) year. This means that warranty claims are only valid for defects that arise within one year of the delivery date of the Blutsgeschwister PreLoved items.
(8) The limitation period for entrepreneurs is 1 year from delivery. Notwithstanding the foregoing, the statutory provisions shall apply in the following cases: if Blutsgeschwister can be accused of gross negligence, if Blutsgeschwister has fraudulently concealed a defect, in the event of bodily injury or damage to health attributable to Blutsgeschwister and in the event of loss of life of the entrepreneur, in the event of a guarantee as well as in the event of delivery recourse pursuant to § 478 BGB. Blutsgeschwister’s liability under the German Product Liability Act remains unaffected.
(9) The Customer will not receive any guarantees in the legal sense from Blutsgeschwister.
(10) If transport damage to the goods is detected, we ask the recipient to immediately report the damage to the carrier (shipping service). Other recognisable transport damage must be reported to us in writing within 5 days of receipt of the goods. However, failure to give this notice has no consequences for your legal claims. In all other respects, the statutory provisions shall apply.
(11) We shall not be liable for defects that have arisen as a result of incorrect handling, normal wear and tear or third-party influence. In the event of repairs to the goods carried out by the Customer or by third parties without our written consent, the warranty claim against us shall be deemed invalid.
§ 7 Limitation of liability
(1) If the Customer is an entrepreneur, their claims against Blutsgeschwister for damages are excluded in the case of slightly negligent breach of duty. In the case of slightly negligent breaches of duty towards consumers, the liability of Blutsgeschwister is limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by Blutsgeschwister’s legal representatives or vicarious agents. Blutsgeschwister shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. However, Blutsgeschwister is liable for the violation of essential contractual legal positions of the Customer. Legal positions essential to the contract are those which the contract must grant to the Customer according to the content and purpose of the contract. Furthermore, Blutsgeschwister is liable for the breach of obligations whose fulfilment is essential to the proper execution of the contract and on the observance of which the Customer may rely.
(2) The above limitations of liability do not affect claims by the Customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations and in the event of bodily injury or damage to health attributable to Blutsgeschwister or in the event of loss of life of the Customer.
(3) Blutsgeschwister is only liable for its own content on the website of its online store. Insofar as links provide access to other websites, Blutsgeschwister is not responsible for the third-party content contained therein. Blutsgeschwister does not adopt third-party content as its own. Where Blutsgeschwister becomes aware of illegal content on external websites, Blutsgeschwister will immediately block access to these sites.
§ 8 Communications
(1) Insofar as the contracting parties communicate by electronic mail (e-mail), they acknowledge the unrestricted validity of the declarations of intent transmitted by this means in accordance with the following provisions.
(2) In the e-mail, the usual information must not be suppressed or circumvented by anonymisation; i.e. it must contain the name and e-mail address of the sender, the time of sending (date and time) and a statement of the sender’s name as the conclusion of the message. Subject to proof to the contrary, an e-mail received under this provision shall be deemed to have come from the other party.
(3) Confidentiality is not guaranteed for unencrypted data transmitted over the Internet.
§ 9 Cost-bearing agreement
If the Customer makes use of their right of withdrawal described in § 9 below, the return shipment is free of charge for orders placed from Germany and Austria. For orders from all other countries, the Customer shall bear the costs for the return shipment to our logistics centre in Schwaig bei München/Germany.
§ 10 Right of withdrawal
(1) Consumers are generally entitled to a right of withdrawal.
(2) Further information regarding the right of withdrawal can be found in our return policy.
§ 11 Voluntary right of return
(1) In addition to the statutory right of withdrawal in accordance with § 9 of these GTCs, you have the option of returning the goods in question to us free of charge within 30 days together with the return label and return slip enclosed with the delivery and, if you wish, to exchange them free of charge. Returns from outside Germany and Austria must be prepaid at your own expense.
Returns must be sent to:
GROUP7 AG
c/o Blutsgeschwister
Ulmenstraße 7
Tor 29
85445 Schwaig
GERMANY
Please register your return or your desired exchange via our returns portal. You will find the login information in the top right-hand corner of your return slip.
(2) Exchanges
We will send you the same item in a different size free of charge and without additional payment. You can specify your exchange preferences in the returns portal, directly under the respective item.
Your reserved exchange item will leave our warehouses as soon as your return has been received.
Unfortunately, exchanges are not possible when purchasing on account.
(3) Refunding returned articles
We will refund you the payment via the payment method you used. The refund will be issued as soon as your return has been received. In the case of a full return, we will also refund the postage and any payment fees incurred.
§ 12 General provisions
(1) The contracting parties agree with regard to all legal relations arising from this contractual relationship, both present as well as future after fulfilment of the contract, that German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. By placing an order, the General Terms and Conditions of Blutsgeschwister are deemed to be accepted.
(2) The place of fulfilment for all mutual services arising from the contract shall be the registered office of Blutsgeschwister.
(3) The place of jurisdiction shall be a competent court at the place of fulfilment only if the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.
(4) Should individual provisions of these GTCs be or become void, the remaining provisions shall remain valid.
(5) The contractual language is German.
§ 13 Linked content
The content, form, technical circumstances and data protection of information accessible through links to external websites are the sole responsibility of the respective authors responsible for these pages.
Blutsgeschwister hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. Blutsgeschwister has no influence on the current and future design, content or authorship of the linked pages. Therefore, the company hereby expressly distances itself from any content contained on all linked pages that was changed after the link was added. This statement applies to all links and references found on our website.
§ 14 Copyright and trademark law
(1) Blutsgeschwister endeavours to observe the copyrights of the images, graphics, sound files, video sequences and texts used in all publications, to use images, graphics, sound files, video sequences and texts created by Blutsgeschwister or to make use of licence-free graphics, sound files, video sequences and texts.
(2) All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark laws and the ownership rights of the respective registered owners. The mere mention of a trademark does not mean that it is not protected by the rights of third parties!
(3) The copyright for published content created by Blutsgeschwister itself or on its behalf remains solely with the author of the pages. Any duplication or use of content such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the approval of Blutsgeschwister.
$ 15 Data Protection (Privacy)
Our declaration of privacy may be read online here.
Dispute resolution proceedings before consumer arbitration boards
Notice pursuant to section 36 of the German Consumer Dispute Resolution Act (VSBG): We will not participate in dispute resolution proceedings before a consumer arbitration board.
General terms and conditions for the participation in promotional competitions and prize games of Blutsgeschwister GmbH (Ltd.)
Participation in promotional competitions and prize games of Blutsgeschwister, and the implementation of these events, is subject to the following conditions.
1. Scope
(1) These general terms and conditions (hereinafter referred to as “GTCs”) apply for the participation in promotional competitions and prize games of Blutsgeschwister GmbH (hereinafter referred to as “Blutsgeschwister”).
(2) By participating in any promotional competition or prize game, the participant accepts the GTCs.
(3) The participant can access these GTCs under the Link ‘GTCs promotional competitions and prize games’ available on the website www.blutsgeschwister.de as well as download and print them.
(4) Messages to Blutsgeschwister should be sent to the following address: Blutsgeschwister GmbH, Kreuzbergstrasse 28, 10965 Berlin, GERMANY or via e-mail to: service@blutsgeschwister.de
2. Promotional competitions; prize games
(1) The promotional competitions and prize games offered by Blutsgeschwister are carried out by us or in cooperation with various partners (sponsors and/or advertising partners or event partners) (hereinafter referred to as “cooperation partners”).
(2) Insofar as these cooperation partners provide the prizes for promotional competitions or prize games (prize sponsor), Blutsgeschwister represents those partners during the execution of the promotional competition or prize game and pledges the prizes provided by them in their name alone. This does not obligate Blutsgeschwister to provide a service of our own.
3. Participation; Exclusion the promotional competition or prize game
(1) Participation is open to persons aged 18 or above. Younger persons must obtain the permission of their legal guardian before participating.
In order to participate in a promotional competition or prize game, it is essential that all personal information is true.
(2) Legal representatives and employees of Blutsgeschwister and the cooperation partners participating in the promotional competition / prize game as well as their relatives are excluded from participating, as are organised competition websites, clubs or the like and their members.
(3) Multiple entries (manual or automated) lead to exclusion from the prize draw / prize game.
(4) Blutsgeschwister has the right to disqualify participants and to exclude them from any future participation in promotional competitions and prize games if they violate the terms of participation or in any way disrupt the implementation of the promotional competition / prize game, and/or manipulate or try to manipulate the technical procedures, and/or try or succeed to influence the outcome of the prize draw. In such cases, winnings can subsequently be denied and reclaimed.
(5) Participation in a promotional competition or prize game and the winning chances or obtainment of a prize do not depend on the purchase of goods or the claiming of services provided by Blutsgeschwister against or without payment, or on the consent of the participant to receive information about products and offers from Blutsgeschwister.
4. Implementation and execution
(1) The implementation of the promotional competition or prize game and the selection of the prizes are the responsibility of Blutsgeschwister and/or our co-operation partners.
(2) Blutsgeschwister and our cooperation partners are responsible for deciding the conditions for delivery of the winnings / prizes. Should the handover of the prize prove impossible or not possible under reasonable conditions, the winner will receive a substitute of the same value.
(3) The winners will be personally notified of their win by Blutsgeschwister or the respective cooperation partner via e-mail (or by post), and/or their names published on the websites of Blutsgeschwister or the cooperation partner. Participants expressly consent to this form of publication. Blutsgeschwister is entitled to supply the cooperation partner with the personal data of the winner in order to make it possible to deliver the winnings / prize.
(4) Each participant may only win one prize in each competition. If more than one participant finds the correct solution, the winner will be determined by a draw. In the case of prize games, Blutsgeschwister will decide the winner.
(5) Cash prizes will be provided to the winner in the form of a crossed check. Once the cheque has been delivered, Blutsgeschwister will be released from the obligation to perform. Should payment be made impossible by reasons beyond the control of Blutsgeschwister, the prize is forfeited. In such instances, no claims can be made against Blutsgeschwister.
(6) In the case of holiday / travel prizes, notification, organisation and execution will be performed either by Blutsgeschwister or the cooperation partner / travel agency. The travel must be undertaken within the set dates. If this is not adhered to, the prize becomes forfeit. On confirmation of the journey by the prize-winner, the tour operator’s conditions of travel apply. The prize-winner will bear the cost of travel to and from the point of departure (airport, railway station, etc.) They will also bear any private expenses (e.g. minibar, telephone, etc.) incurred during the journey.
(7) No cash pay-out of the winnings / prizes is offered. The entitlement to winnings / prizes cannot be transferred to other persons.
(8) Complaints must be submitted to Blutsgeschwister in writing, stating the name of the relevant promotional competition / prize game, within 14 days of the prize-winner’s becoming aware of the grounds for the complaint. Telephone complaints or belated complaints cannot be processed.
5. Premature termination of the promotional competition or prize game
Blutsgeschwister reserves the right to abort or terminate the promotional competition or prize game at any time without prior notice. We will invoke this right, in particular, in cases where it is no longer possible to guarantee correct competition or game procedures for either legal or technical reasons (e.g. manipulations or defects in the hardware or software). Should a participant be responsible for the circumstances resulting in premature termination of a competition, Blutsgeschwister reserves the right to file claims for compensation against that person.
6. Privacy
(1) Our declaration of privacy may be read online here.
(2) Insofar as the participant provides no additional consent to the processing and use of any data provided within the participation in the promotional competition or prize game, Blutsgeschwister will use such data exclusively for the execution of the promotional competition or prize game and the determining of the winner by saving, processing and using such data electronically in machine-readable form. Blutsgeschwister will save this data only as long as necessary and as permitted per law.
(3) When Blutsgeschwister collects, processes and uses the personal data of the participant, Blutsgeschwister will do so in accordance with applicable data protection legislation. The participant can withdraw their consent to the collection and storage of their information at any time by sending an e-mail to service@blutsgeschwister.de (the same address as in §1 (4)). With the deletion of such data, the participation in the prize draw is no longer possible.
7. Liability
(1) Blutsgeschwister is released from all obligations with the hand-over of the prize or winnings.
We are not liable for defects in title or defects in quality.
(2) Claims related to the winnings / prizes received must be directly addressed to Blutsgeschwister or to the cooperation partners who distribute said winnings / prizes.
(3) No liability is assumed for the disclosure of the winners.
(4) Blutsgeschwister is not liable for damages that originate from mistakes, delays or interruptions in transmission, from faults with technical systems and services, incorrect contents, loss or deletion of data, viruses or from any other causes that may be connected to the participation in promotional competitions or prize games, with the exception of damages caused deliberately or with gross negligence by Blutsgeschwister (our institutions, employees or legal agents).
(5) Liability for persons excluded by § 3 does not apply.
8. Miscellaneous
(1) There is no right to legal appeal.
(2) These terms of participation and the complete legal relationship between the participants and Blutsgeschwister is governed solely by the law of the Federal Republic of Germany.
(3) Should individual provisions of these terms of participation become invalid or are presently invalid, the validity of the remaining terms of participation remains unaffected.
(4) These terms of participation can be amended by Blutsgeschwister at any time without separate notification.
Dispute resolution proceedings before consumer arbitration boards
Notice pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG): we will not participate in dispute resolution proceedings before a consumer arbitration board.
“PreLoved” General terms and conditions – Blutsgeschwister GmbH
I. Scope
1. These General Terms and Conditions apply to purchases made via https://www.blutsgeschwister.de/de/preloved. They shall constitute the content of the contract in its current effective form.
2. These general terms and conditions apply to the purchase of used Blutsgeschwister clothing (hereinafter referred to as a "PreLoved item" or "goods").
3. These General Terms and Conditions of Purchase apply to consumers in accordance with parag. 13 of the German civil code and to businesses in accordance with parag. 14 of the German civil code.
4. By concluding a sale, you acknowledge the version of our General Terms and Conditions that is in effect at the time the contract is concluded.
5. The contractual partner is Blutsgeschwister GmbH, Managing Directors Karin Ziegler and Stephan Künz, Kreuzbergstrasse 28, 10965 Berlin, Germany; court of registration: Amtsgericht Berlin Charlottenburg, HRB 173454 B (hereinafter: Blutsgeschwister).
II. Conditions of purchase
1. Blutsgeschwister purchases PreLoved items from consumers and businesses who are not acting in a commercial or business capacity for that sale. Our dealers and distributors in particular are excluded from purchasing; we will take legal action against any circumvention by this group.
2. Blutsgeschwister will only purchase PreLoved items that are your own property, are free from third party rights and which meet our purchase criteria*. You can find our purchase criteria here.
3. Purchases are only made from EU countries. Submissions that require the payment of import duties (customs fees, import VAT, excise duties) will not be accepted under any circumstances.
3. You must be at least 18 years old to sell items to us.
4. You can only offer Blutsgeschwister each PreLoved item once.
5. If PreLoved items do not meet the aforementioned conditions of purchase, we will be unable to commit to purchasing them. A return shipment is only possible in this case if the goods were sent from Germany.
III. Offers; Concluding a contract
1. You can identify and select the PreLoved items that you wish to sell by going to our homepage:
a. If you do not have a customer account with us, you can search for your PreLoved item using the article number printed on the care label. Simply type the article number into the search box.
b. If you already have a customer account, you can find your PreLoved item in your order history.
2. The PreLoved items you wish to sell will then appear in your PreLoved sales box, along with the item details and anticipated value of the voucher.
3. Blutsgeschwister will offer you a purchase price for your PreLoved items, which is the anticipated value of the voucher. If you wish to accept this offer, tick the appropriate box in order to agree to these terms and conditions and then release the items from your PreLoved sales box.
4. Neither the display of the anticipated value of the voucher or your printing of the packing list (consignment note) as the seller constitutes a binding agreement, and are to be understood merely as you having offered items to Blutsgeschwister for purchase. As soon as you have made your offer to sell items to Blutsgeschwister, you will receive confirmation that Blutsgeschwister has received that purchase offer. This does not constitute an acceptance of your offer. We will check the PreLoved items you send and then notify you (by email) to say whether we have accepted the offer. Your voucher (for the purchase price) will be sent at the same time.
5. If you offer to sell more than one PreLoved item to Blutsgeschwister, each item will have a separate purchase agreement.
6. Your PreLoved items must be received by Blutsgeschwister no later than 14 days after the sales offer has been received.
7. The PreLoved items will be checked at our sole discretion and in accordance with our purchase terms and conditions. These checks will form the basis of our decision of whether to purchase the PreLoved items.
8. You will be informed of the result of the goods inspection via email. If the submitted goods do not meet the quality standards or purchase conditions set by Blutsgeschwister, any items sent from Germany will be returned to you. Unfortunately, goods sent from other EU countries cannot be returned and will be donated to a charitable organization instead.
9. If you send us PreLoved items that you did not include in your purchase box, we will donate them to charity.
10. If the return delivery of the goods fails due to circumstances that are beyond Blutsgeschwister’s responsibility, Blutgeschwister reserves the right to donate the goods to charity. No refund will be made.
11. Once we have received the goods, you will not be able to withdraw your offer(s).
IV. Prices; Shipping costs; Delivery
1. The purchase price includes any applicable VAT and excludes the packaging used by you as the seller.
2. Blutsgeschwister will bear the shipping costs for shipments from Germany, unless you use the free shipping label provided by Blutsgeschwister; otherwise the shipping costs are to be borne by you. The shipping costs for submissions from other EU countries are the sole responsibility of the sender.
3. The risk of accidental loss and accidental damage to the goods passes to Blutsgeschwister once the sent goods have been inspected, and no later than seven working days after Blutsgeschwister has received the goods. This does not apply to items that do not meet Blutsgeschwister’s conditions of purchase. You agree to package and ship the goods in such a way that the goods will not be subject to damage.
V. Conditions of payment
1. We will only pay the purchase price in the form of a voucher. The equivalent monetary value of the voucher is normally the amount printed, and is inclusive of value added tax. You are not entitled to any cash payment from the voucher.
2. Payment will be made by us no later than 18 days after the agreement of the sales offer. We will inform you by email when we have completed the goods inspection.
VI. Vouchers
1. The vouchers can only be used for purchasing goods in our flagship stores and in our online shop, and are valid for 5 years.
2. The commercial resale or transfer of Blutsgeschwister vouchers to third parties for the purposes of resale is not permitted.
3. Blutsgeschwister is entitled to bar a customer and/or demand an alternative payment method in cases where a fraudulently obtained Blutsgeschwister voucher is being redeemed or used for purchases in a flagship store or our online shop.
4. The vouchers will normally be sent to you by e-mail only and so transferred electronically to the email address you provided. The voucher will be attached to the email as a PDF file. You may either print out the voucher, or save the e-mail and attachment on your mobile device. You must also ensure that the email address you provide is accurate and configured appropriately (e.g. regarding spam filters) and that it has sufficient free space. It is normally delivered at the same time as your purchase offer is accepted.
VII. Your obligations when the goods sold to Blutsgeschwister are defective
1. If the goods are defective, Blutsgeschwister has legal rights against you regarding defects.
2. Any claims by Blutsgeschwister for defective goods will expire one year after Blutsgeschwister has received the goods.
VIII. Data protection
Our data protection statement is available here.
IX. General provisions
1. The contracting parties agree to apply German law with regard to all present and future legal relationships arising from this contractual relationship following the fulfilment of the contract, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods.
2. The place of fulfilment for all mutual services arising from the contract shall be Blutsgeschwister’s head office.
3. The competent court shall only be the place of jurisdiction in cases where the vendor is a trader, a legal entity under public law, a separate estate under public law or has no general place of jurisdiction in the Federal Republic of Germany.
4. Should individual provisions of these General Terms and Conditions be or become invalid, the remaining provisions shall remain valid.
5. The language of the contract is German.
Dispute resolution procedures before consumer arbitration bodies
This notice is in accordance with parag. 36 of the German Consumer Dispute Settlement Act (VSBG): We will not participate in a dispute settlement procedure before a consumer arbitration body.
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