TERMS AND CONDITIONS OF BLUTSGESCHWISTER
§ 1 Scope
1) For all contracts with Blutsgeschwister regarding the online shop http://www.blutsgeschwister.de/, only the following terms and conditions apply. Contractual partner is Blutsgeschwister GmbH of Kreuzbergstrasse 28, 10965 Berlin, managing directors being Karin Ziegler and Stephan Künz, registry court: Amtsgericht Berlin Charlottenburg, HRB 173454 B (hereinafter referred to as "Blutsgeschwister"). Differing terms and conditions may only become contract components if their validity has been expressly agreed in writing.
(2) Changes of these conditions, including this confirmation clause and the agreement of delivery dates or periods, which can be arranged in a binding and non-binding capacity, require written confirmation by Blutsgeschwister.
§ 2 Offers, Conclusion of Contract, Obligation to Perform and
(1) The offers made in the Blutsgeschwister online shop constitute a non-binding invitation to the customer to order merchandise from the online shop. Orders are binding only insofar as they are confirmed expressly or when they are fulfilled by delivery of the goods.
(2) The presentation of products in the Blutsgeschwister online shop is not a legally binding offer but a non-binding online catalogue. By clicking the button "buy now", you agree to a binding order of those goods contained in the shopping basket. The confirmation of the receipt of the order follows directly after sending the order and does not represent the acceptance of your order. We can accept your order either by sending you an order confirmation via e-mail or by delivering the goods within a period of five days.
(3) We save the contract text and send you an e-mail containing your ordering details. You can see our Terms and Conditions anytime on our website. Previous orders may be viewed in your customer account. The order confirmation does not represent a binding acceptance of the order, unless stated explicitly by Blutsgeschwister. Subject matter of the contract is the merchandise ordered by the customer. Regarding the condition of the goods, the description of the offer applies, in all other respects § 434 Abs. 1 Satz 3 BGB applies.
(4) The contract conclusion and the delivery of the goods depends on correct and punctual self-supply with merchandise equal in quality and price. If possibility of delivery relies on supply from sub-suppliers, and if this supply fails due to reasons for which Blutsgeschwister is not responsible especially due to the conclusion of a congruent covering transaction, then Blutsgeschwister is entitled to withdraw from the contract. In this case the customer has no right to demand compensation, subject to § 6.
(5) The same applies when due to higher force or other occurences, the supply is made substantially more delayed, difficult orimpossible for reasons beyond the control of Blutsgeschwister. Among such occurences are, above all: fire, flood, industrial conflict, business disruption, strike and orders of the authorities, which can not be attributed to the the business risks of Blutsgeschwister. In such cases, the customer will be immediately notified of the impossibility of delivery, and any payment made to us will be refunded without delay.
(6) If the buyer is an entrepreneur, the danger of accidental degradation of the goods and the danger of the accidental debasement is transferred to the buyer with the handover, or in case of mailorder sale with the delivery to a forwarder, carrier or other person or institution determined to carry out delivery.
(7) If the buyer is a consumer, the risk of accidental loss and accidental debasement of the goods is transferred to the customer at the moment of delivery, even in case of sales shipment.
(8) The handing over is not influenced by any delay in acceptance on the part of the seller.
(9) Partial deliveries are permissible as far as these do not go against the customer's wishes or these are clearly unacceptable. Packaging and delivery costs in such cases will only be charged once.
§ 3 Prices and Payment Conditions, Reservation of
(1) The list prices at the time of ordering apply as they are indicated on our internet pages.
(2) The prices are ex place of business of Blutsgeschwister, including sales tax minus costs for packaging and shipping.
(3) Costs for packing and shipping (delivery costs) will be calculated separately as follows: for our customers in Germany, delivery costs amount to 3,95 EUR per order. Delivery to all other countires where we ship to costs 7,95 EUR per order. We apologise for any inconviences; a different regulation is not possible at present.
(4) The miminum order quantity amounts to 15,- € for orders from Germany. For
orders from other countries we ship to, the minimum order is 29,- €.
(5) Customers from Germany may make their payment by Klarna invoice (see the following section 7), credit card, PayPal or instant transfer. Customers from Austria may pay by Klarna invoice (see the following section 7), PayPal, credit card or online transfer (instant transfer/EPS). Customers from other countries we ship to may choose from payment by PayPal or credit card. When paying by credit card, PayPal or instant transfer, your bank account will be debited following completion of your ordering process.
(6) Until complete payment, the delivered goods remain our property (retention of title under German law, §§158, 449 BGB). The customer must inform us immediately about any enforcement measures by third parties, and must hand over the documents neccessary for intervening; this also applies to impairments of any kind. Independently of this, the customer is obliged to advise the third party in advance on existing rights relating to the goods.
(7) Payment by invoice
In cooperation with Klarna, we offer payment by invoice as an option for a fee of 3,90 EUR. When you are paying with Klarna, you do not have to give us your bank details, and you do not pay before the goods have been shipped to you and have been received by you. The Klarna payment method does not allow for a shipment to any other address than the invoice address. We apologise for any inconvenience.
When you choose payment by invoice with Klarna, you will in any case receive
the goods first and a payment period of 14 days applies. Please find further
information and the full Terms and Conditions on payment by invoice with Klarna
Klarna examines and evaluates the data provided by the customer and will exchange data with other companies and credit agencies in cases of reasonable grounds. Should the customer be rated with poor creditworthiness, Klarna AB may refuse their payment options to the customer and may refer them to alternating payment methods. Your personal details will be treated with regard to the German Data Protection Act (DPA) and will not be handed over to third parties for advertisement purposes. More about Klarna's private policy here: www.klarna.de (Klarna AB, company / corporation number:556737-0431
(8) Debiting of the customer account
Your account will generally be debited after you have successfully completed the ordering process.
§ 4 Exclusion of Set-Off and Rights of Retention
(1) The customer is not authorised to add their own claims against claims of payment from Blutsgeschwister, except in cases where the claims of the customer are indisputable or legally noticed.
(2) The customer is not authorised to counter payment claims by Blutsgeschwister with rights to retention of goods - even for reasons of complaint - unless they result from the same contractual relationship.
§ 5 Warranty
(1) In case of legitimate complaint by entrepreneurs, warranty is limited to replacement delivery or subsequent repair at the option of Blutsgeschwister. Customers have the right to decide whether the supplementary performance is carried out through repair or replacement delivery. In the latter case, the customer is not authorised to return the defective goods without consulting Blutsgeschwister first.
(2) Should the supplementary performance fail, the customer is entitled to either claim reduction of the original price or termination of the contract. Indeminity claims may only be asserted only in accordance to § 7 of German law regulations.
(3) Entrepreneurs are obligated to indicate in writing
obvious defects within one week after receiving the goods; punctual shipment is
sufficient for observance of this deadline.
(4) Warranties in the legal sense are not received by the customer from Blutsgeschwister. Manufacturer warranties remain unaffected.
(5) Should the goods be damaged in transit, we would ask the receiver to declare the damage to the shipper (carrier service) immediately. Other perceivable transport damages may be claimed in writing to us 5 days after receipt of the goods. Should you fail to complain to the shipper or to Blutsgeschwister, this does not have consequences for your legal warranty rights. The legal definitions of the German law apply.
(6) We are not legally liable for defects that occur as a result of wrong
handling, normal wear and tear, or external factors. The customer loses his
warranty claims when the goods are repaired or modified by the customer or a
third party, without our written approval.
(7) The warranty term for customers amounts to 2 years, beginning from delivery of the goods. For entrepreneurs, the warranty term is one year from delivery of the goods.
§ 6 Limitation of Liability
(1) Claims of the customer arising from deficiencies of the goods in case of slight negligent breach of duty against an entrepreneur are excluded. For a customer, liability is restricted to the compensation of foreseeable, direct damages typical for the contract. This also holds true for cases of slightly negligent breaches of duty caused by fulfillment helpers of Blutsgeschwister.
(2) The foregoing limitaton of liability does not apply to any claims concerning bodily injury or health damages, or loss of the customer's life. Further claims grounded on statutory provisions and especially those based on malicious concealment, the acquisition of a guarantee or in relation to product liability, remain unaffected.
§ 7 Notifications
(1) As far as the contracting partners communicate by electronic mail, they acknowledge the unlimited effectiveness of the declaration of intention, transferred by this means, in accordance with the following regulations.
(2) In e-mail correspondence, usual details and statements must not be surpressed, obscured, or made anonymous; i.e. the name and e-mail address of the sender, the details of dispatch (date and time) as well as a representation of the name at the end of the message. An e-mail received under these conditions is deemed to be sent by the other partner unless evidence to the contrary is produced.
(3) For data transmitted on the Internet in unencrypted form, confidentiality is not guaranteed.
Cost paying agreement: Should you make use of your right of revocation as described in the following § 9, the return costs for orders from Germany and Austria are free of charge. For those orders from all other countries, you have to bear the costs for returning the order to our logistics center in Schwaig near Munich / Germany yourself.
§ 9 Instruction of Revocation
9.1 Right of Revocation
You have the right to cancel this contract without giving reasons within fourteen days. The revocation period ends fourteen days after the date on which you, or a third party referred to by you, has taken possession of the last goods.
In order to exercise your right of revocation, you have to inform us
Tel.: 0800 - 25 888 35
Fax: 030 - 555 71 81 97
of your intent to cancel the contract by means of a clear statement (i.e. letter sent by mail, telefax or e-mail). You may use the standard withdrawal form attached to this instruction of revocation, but this is not mandatory.
Timely dispatch of revocation will suffice to meet the revocation deadline.
9.2. Revocation consequences
Should you choose to cancel this contract, we must promptly refund all of the payments we have received by you, including delivery costs (with the exception of any additional costs resulting from forms of delivery differing from the standard delivery originally offered to you) within fourteen days, starting with the date on which we have received your notification. For the repayment we will use the same method of payment chosen by you for the initial transaction, unless we have expresslydiscussed an alternative with you. In no case we will charge you with additional amounts. We may exercise the right to refuse repayment until we have received the goods back, or until you have provided evidence of sending the goods back, whichever is the earliest.
You must send back, or hand over, the goods immediately and in every case within fourteen days of informing us on the cancellation of this contract to the provisor authorised to accept the goods:
Group 7 AG International Logistics
c/o Blutsgeschwister Tor 53
85445 Schwaig (Oberding)
The deadline is met if you send back the goods within fourteen days after informing us about your intent of cancellation. The immediate costs of returning the goods are borne by us.
You must compensate for potential diminished value of the goods only if that diminished value results from checking the goods' quality, properties and function in ways that are not required.
9.3 Financed Transactions
Should you finance this contract with a loan and you cancel this contract later on, the loan contract is no longer binding if those two contracts form one financial unit. This applies, in particular, when Blutsgeschwister is the money lender, or if an external money lender seeks our co-operation regarding the financing. If we have already received the loan when the revocation becomes effective or the goods are returned, your money lender will be subject to the rights and obligations arising from the financed contract. The latter does not apply if the available contract involves the acquisition of financial instruments (i.e. securities, foreign currencies, or derivatives). Should you want to avoid a contractual commitment as much as possible, it is advisable to make use of your right of revocation while also cancelling the loan contract if you were granted a right of revocation on that contract.
End of Instruction of Revocation.
§ 10 General Provisions
(1) The contractual partners agree in respect of all legal relationships arising from this contractual relationship, including present ones as well as those prospective after fulfillment of the contract, the application of German law to the exclusion of the UN Convention on Contracts for the International
Sale of Goods (UNCITRAL/CISG). By placing an order, you accept the General Terms and Conditions of the Blutsgeschwister online shop.
(2) The place of fulfillment of all contractual
obligations is hereby determined to be the place of business of
(3) The place of jurisdiction is agreed to be solely at the responsible court for the place of execution, if the customer is a merchant, a legal entity registered under public law or special public-law funds, or if the customer does not have a place of jurisdiction in Germany.
(4) Should individual terms of these terms and conditions become inoperative, or are inoperative at the moment, this does not affect the remaining terms of this contract.
(5) The contractual language is English.
§ 11 Linked content
Information made accessible by linking to web pages belonging to other parties, content, form, technicalities and data protection are subject to the originator of these web pages.
Blutsgeschwister expressly declares that at the time of the linking, no illegal content was was recognizable on the pages being linked to. Blutsgeschwister has no influence on the present and future design, content or authorship of these pages. Our company dissociates themselves from any contents of these pages that were changed after the initial linking. This proclamation applies to all links and references within the context of the own Internet site of Blutsgeschwister.
§ 12 Copyright and Trademark Law
(1) Blutsgeschwister makes every effort to observe the copyrights and
intellectual property rights in all publications concerning the used pictures,
graphics, audio documents, video sequences and texts, to use pictures, graphics,
audio documents, video sequences and texts created by us or to use license-free
graphics, audio documents, video sequences and texts.
(2) All brands and trademarks mentioned on the Blutsgeschwister web pages possibly protected by third parties are subject without restriction to the provisions of the brand and/or trademark law valid at that time and to the registered proprietor's right to possession. Where brands are listed without a trademark, it cannot be assumed that they are not protected by third party rights!
(3) The copyright for published objects produced by Blutsgeschwister or by a contractor of Blutsgeschwister remains solely with the author of the pages. Duplication, processing, publication, use or any other form of utilizing such graphics, audio documents, video sequences and texts outside the copyright in other electronic or printed publications is not permitted without the explicit permission of Blutsgeschwister.
$ 13 Data Protection (Privacy)
Our declaration of privacy may be read online here.
General terms and conditions for the participation in promotional contests and prize competitions of Blutsgeschwister GmbH (Ltd.)
The participation in promotional contests and prize competitions of Blutsgeschwister, and the implementation of these events, is subject to the following conditions.
(1) These general terms and conditions (hereafter "GTC") apply for the
participation in promotional contests and prize competitions of Blutsgeschwister
Limited (hereafter "Blutsgeschwister").
(2) By participating in any contest or competition, the participant accepts our GTC.
(3) The participant can review the GTC by accessing our website www.blutsgeschwister.de and may consult, print or download these conditions.
(4) Communications may be sent to Blutsgeschwister by writing to the following address:
Blutsgeschwister GmbH, Kreuzbergstrasse 30, 10965 Berlin, Germany or by sending an e-mail to email@example.com
2. Contest; Competition
(1) All contests and competitions offered by Blutsgeschwister are carried out by us or in co-operation with various partners (sponsors and/or advertising partners), hereafter referred to as "co-operation partner".
(2) Insofar as these co-operation partners provide the prizes for contests or competitions (prize sponsor), Blutsgeschwister represents those partners during the execution of the contest or competition and pledges the prizes provided by them in their name alone. Blutsgeschwister is not bound to provide a service of their own hereby.
3. Participation; Exclusion from contest or competition
(1) Participation is granted to persons older than 18 years. Younger persons must consult their legal representative and provide proof of their consent. In order to participate in the contest or competition, it is not absolutely neccessary that all personal information is true and correct.
(2) Legal representatives and employees of Blutsgeschwister and their co-operation partners, as well as their relatives and organised contest sites, clubs or the like (and their members), are not authorised to participate in the contest or competition.
(3) Multiple entries (manual or automated) lead to exclusion from the contest or competition.
(4) Blutsgeschwister has the right to disqualify participants and to exclude them from any future participation in the contest or competition if they violate the terms of participation or disrupt the order of the contest or competition, and/or manipulate or try to manipulate the technical procedures, and/or try or succeed to influence the outcome of the contest or competition. In such cases, winnings can subsequently be denied and reclaimed.
(5) Participation in a contest or competition and the winning chances or obtainment of a prize does 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 particpant to receive product information by Blutsgeschwister.
4. Implementation and execution
(1) The implementation of the contest or competition and the selection of the prizes are the responsibility of Blutsgeschwister and/or our co-operation partners.
(2) Blutsgeschwister and/or our co-operation partners are responsible for deciding the conditions for delivery of the prizes. Should the execution not be 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 and/or our co-operation partners via e-mail, and/or publish their names on the websites of Blutsgeschwister and/or their co-operation partners. Participants expressly declare their approval of this procedure. We are entitled to supply to our co-operation partners those personal data on the prize-winners required for delivery of the prizes.
(4) Each participant may only win one prize in each contest. If more than one participant finds the correct solution, the lot will decide. In the case of prize competitions, Blutsgeschwister will decide the winner.
(5) If the participant wins money, Blutsgeschwister will provide that money by means of sending the participant a crossed cheque. Once that cheque is 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. No claims can be made against Blutsgeschwister in such a case.
(6) In the case of holiday / journey prizes, notification, execution and organisation will be provided by either Blutsgeschwister or our co-operation partner, or a travel agency. The journey must be undertaken within the timeframe selected by us. Should this not be possible, no claim for compensation can be made. On confirmation of the journey by the prize-winner, the tour operator's standard conditions of contract apply. The prize-winner will bear the cost of travel to and from the point of departure (airport, railway station, etc.), and also any out-of-pocket expenses (e.g. minibar, telephone, etc.) incurred during the journey.
(7) The prize can not be paid in cash. Prizes can not be transferred to other persons.
(8) Complaints must be submitted to Blutsgeschwister in writing, stating the name of the relevant competition, within 14 days of the prize-winner's becoming aware of the grounds for the complaint. Telephone complaints or complaints made late will not be accepted.
5. Premature termination of the contest or competition
Blutsgeschwister reserves the right to abort or terminate competitions or contests 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 contest procedures for either legal or technical reasons (e.g. manipulations or defects in the hard- or software). Should it be discovered that a participant is responsible for the circumstances resulting in premature termination of a competition, Blutsgeschwister reserves the right to file claims for compensation against that person.
(1) Our declaration of privacy may be read online here.
(2)Insofar as the participant provides no additional agreement to processing and use of any data provided within the participation in the contest or competition, Blutsgeschwister will use such data for the execution of the contest or competition and the determining of the winner only, by saving, processing and using such data electronically in machine-readable form. We will save this data only as long as neccessary and as permitted per law.
(3) When Blutsgeschwister collects, processes and uses personal data of the participant, we will do so in accordance with applicable laws. The participant can withdraw their content to the collection and storage of their information at any time by sending an e-mail to firstname.lastname@example.org (postal address see §1 (4)). With the deletion of such data, the participation in a contest or competition is no longer possible.
(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 prizes received by winning participants must be directly addressed to Blutsgeschwister or to the co-operation partners who distribute said prizes.
(3) No guarantee is assumed for the disclosure of the winners.
(4) Blutsgeschwister is not liable for damages that originate from mistakes,
delay or interruption of transmission, from disturbances of technical systems
and services, untrue contents, loss or deletion of data, viruses or from any
other malfunctions that may be connected to the participation in a contest or
competition, with the exception of damages caused deliberatedly or with gross
negligence by Blutsgeschwister (our insititutions, employees or legal
(5) Liability for persons excluded by § 3 does not apply.
(1) There is no right to legal appeal.
(2) These terms and conditions and the complete legal relation between the participants and Blutsgeschwister is governed solely by the law of the Federal Republic of Germany.
(3) Should individual conditions of these conditions for participation become invalid or are presently invalid, the appliance of the remaining conditions for participation is unaffected.
(4) These terms and conditions may be altered by Blutsgeschwister at any time without separate notification.
Online dispute resolution in accordance with German law (art. 14 Abs. 1 ODR-VO)
The European Commission provides an online platform for the purposes of settling online disputes that you can find under: http://ec.europa.eu/consumers/odr/
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.