Terms and Conditions

This is a simple translation from our German Terms and Conditions. The German text shall be legally binding. All contracts are subject to German law. The actuality and liability of the into English translated texts is not guaranteed.

GENERAL TERMS AND CONDITIONS OF CUSTOMER INFORMATION

1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Grant of digital content usage rights
6. Right of withdrawal
7. Retention of title
8. Liability for defects
9. Redemption of gift vouchers
10. Redemption of action vouchers
11. Applicable law
12. Jurisdiction
13. Information on online dispute resolution

1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of “Fabian-Bernd Herkelmann”, acting under “Bonkers Shop” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the seller on the goods offered by the seller in his online store. The inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 These Terms and Conditions shall apply mutatis mutandis to contracts for the delivery of digital content, unless and insofar as not otherwise expressly regulated.
1.3 Digital content in the sense of these terms and conditions shall mean all data not on a physical data medium which were produced in digital form and which are provided by the seller in accordance with these terms and conditions.
1.4 These terms and conditions apply mutatis mutandis to the purchase of vouchers, if and unless otherwise expressly regulated.
1.5 A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed to neither his commercial nor his independent professional activity.
1.6 An entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Conclusion of contract
2.1 The presentation of the goods, especially in the online shop, does not represent a binding offer of the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the order process begins, in which all the data required for order processing is recorded.
At the end of the order process a summary of the order and contract data will be displayed. Only after confirmation of these order and contract data by clicking on the button concluding the order process, the customer makes a binding offer for the purchase of goods contained in the shopping cart.

The customer can also submit this offer by fax, email, postal or telephone to the seller.
2.3 The seller accepts the offer of the customer through the following possible alternatives:

– Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
– Request for payment to the customer after placing the order
or
– Delivery of the ordered goods

Decisive for the time of acceptance is the first alternative that has occurred.

The period for acceptance of the offer begins on the day after the date on which the offer is sent by the client and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this represents the rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The contract text of the contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via the customer’s login, provided that the customer has opened a customer account.

2.5 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and can be corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer, if available, for correction, which are labeled accordingly.

2.6 The contract language is German.
2.7 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment
3.1 The prices shown are final prices including the legal sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to non-EU countries, further customs duties, taxes or fees may be payable by the customer to the relevant customs or tax authorities or credit institutions.
The customer is advised to check the details with the respective institutions or authorities before ordering.
3.3 The customer can choose the payment methods that are available in the online shop.
3.4 When paying by “PayPal” the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this the terms of use of Paypal apply. These are available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full.
3.5 In the case of payment via “PayPalLastschrift”, PayPal collects the claim after issuing a SEPA direct debit mandate and after expiry of the period for the preliminary information in the order of the seller from the customer’s bank account. A preliminary information is the announcement of the seller to the customer that his account is charged by means of SEPA direct debit and can be done for example in the form of an invoice or a contract. If the direct debit can not be redeemed due to inadequate account coverage or due to an incorrect bank account, or if the customer objects to the posting without being entitled to do so, the customer shall bear the fees incurred by the rebooking of the respective credit institution, if he is responsible for the latter Rights and obligations to the seller and the seller remain unaffected by direct debit.
3.6 For payment by “IMMEDIATE” the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATELY”). In order to be able to use the payment method, the customer needs an online banking account with PIN / TAN procedure, which has been activated to participate in “IMMEDIATELY”, with which he can legitimize himself during the payment process and confirm the payment order to “IMMEDIATE” , Payment will be made immediately after completing the “IMMEDIATE” payment process and the customer’s bank account will be charged. Further information on the payment method “IMMEDIATE” can be found on the internet at https://www.klarna.com/sofort/.

4. Delivery and shipping conditions
4.1 The delivery of goods by mail is to the delivery address specified by the customer. Notwithstanding this, when paying by PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
4.2 If the seller incurs additional costs due to the indication of a wrong delivery address or a wrong addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the customer unless he is not responsible for the misstatement or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had previously announced the performance to him in an appropriate manner. Excluded from this regulation are the costs of the consignment, if the customer exercised his right of withdrawal effectively. Here it remains with the legal or the regulation made by the seller.

4.3 If the customer picks up, the customer is informed by the seller that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller’s place of business or at an agreed place. In this case, no shipping costs.
4.4 Digital content is provided to the customer exclusively in the following electronic form:
*by email

* by download
4.5 Vouchers will be given to the customer in the following form:
*by email
* by download

* post

5. Grant of digital content usage rights
5.1 Unless the seller’s information in the online shop reveals otherwise, the seller grants the customer the non-exclusive, temporally and locally unlimited right to use the same for private and business purposes.
5.2 Any transfer of the provided content to third parties or the production of copies for third parties outside the scope of these terms and conditions is prohibited. The other applies insofar as the seller has consented to a transfer of the licensed license to third parties or a third party.
5.3 The granting of rights is in accordance with. § 158 para. 1 BGB only after full payment of the remuneration by the customer effective. The seller may allow the use of the provided content even before this time provisionally. However, a transfer of rights does not take place through such provisional permission and can be revoked at any time.

6. Right of withdrawal
6.1 If the customer is a consumer, he has a right of withdrawal.
6.2 For the right of withdrawal, the cancellation policy of the seller applies.
6.3 Consumers who do not belong to any Member State of the European Union at the time of the conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract are not entitled to a right of revocation.

7. Retention of title
If the seller enters in advance, the goods remain the property of the seller until the purchase price has been paid in full.

8. Liability for defects
8.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these Terms and Conditions.
8.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. Non-compliance has no effect on the legal or contractual claims of the customer.

9. Redemption of gift vouchers
9.1 Vouchers that have been purchased through the online shop of the seller (“gift vouchers”), can only be redeemed in the online shop of the seller.
9.2 Gift vouchers and remaining credits of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining balance will be credited to the customer’s voucher account until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the order process. A subsequent redemption does not take place.
9.4 Only one gift certificate can be redeemed per order. The redemption of multiple gift vouchers in one order is not possible.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers can not be paid by voucher.
9.6 If the value of a gift voucher is insufficient to pay for the respective order, one of the remaining payment methods offered may be used to settle the difference.
9.7 Vouchers on gift vouchers are not paid out and do not bear interest.
9.8 Gift vouchers are transferable in principle.
The seller can make a liberating effect on the customer who redeems the respective gift certificate. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-entitlement, inability to shop or lack of the right of representation of the respective owner.

10. Redemption of action vouchers
10.1 Vouchers which the seller submits free of charge as part of (advertising) promotions with a specific period of validity and which the customer can not purchase (“action vouchers”) are only redeemable in the vendor’s online shop and for the period specified by the vendor.
10.2 Individual products may be excluded from the coupon promotion.
The specific restrictions may be taken from the action voucher.
10.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement does not occur.
10.4 Only one action coupon can be redeemed per order. The redemption of several promotional vouchers in an order is not possible.
10.5 The value of goods of the respective order must reach at least the amount of the action voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of an action voucher is insufficient to pay for the respective order, one of the remaining payment methods offered may be used to settle the difference.
10.7 The balance of an action voucher is neither paid nor interest.
10.8 The action coupon will also not be refunded if the customer returns the full or partial paid with the action voucher goods in the context of its statutory right of withdrawal.
10.9 Promotional vouchers are transferable in principle.
The seller can make a liberating effect on the customer who redeems the respective gift certificate. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-entitlement, inability to shop or lack of the right of representation of the respective owner.

11. Applicable law
11.1 The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
11.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer has his seat outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction, if this contract or claims from this contract can be attributed to the occupational or commercial activity of the customer.
Nevertheless, the seller is also entitled in the aforementioned cases to call the court at the customer’s place of business.

13. Information on online dispute resolution
The European Commission’s online dispute resolution platform can be accessed on the Internet at https://ec.europa.eu/odr
We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.