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.

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

1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of “Fabian-Bernd Herkelmann”, acting under “Bonkers Shop” (hereinafter “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For the purchase of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, in concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Conclusion of contract
2.1 The product presentations contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the offer of the customer within five days,

– by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or

– by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

– by asking the customer for payment after submitting his order.

If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.5 Before placing the order on the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order in the context of the electronic ordering process continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3. Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4. Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options available, which are specified in the online shop of the seller.
4.4 If the payment method “PayPal” is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. a. that the customer opens or already has a PayPal account.
4.5 If you select the payment method “PayPal Direct Debit”, PayPal will deduct the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information has expired on behalf of the seller. Pre-notification (“Pre-Notification”) is any notice (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA Direct Debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this ,
4.6 If the payment method “IMMEDIATELY” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATE”). In order to be able to pay the invoice amount “IMMEDIATELY”, the customer must have a PIN / TAN online banking account enabled to participate in “IMMEDIATE”, legitimize himself during the payment process and have the payment order vis-à-vis “IMMEDIATE”. to confirm. The payment transaction will be carried out immediately after “IMMEDIATE” and the customer’s bank account will be charged. Further information about the payment method “IMMEDIATE” can be found on the internet at https://www.klarna.com/sofort/.

5. Delivery and shipping conditions
5.1 The delivery of goods is made regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the purchase transaction of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail 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 domicile. In this case, no shipping costs will be charged.
5.4 Vouchers will be given to the customer as follows:
*by email
* via download

* post

6. Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7. Liability for defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8. Redemption of gift vouchers
8.1 Vouchers that can be purchased through the online shop of the seller (hereinafter “gift vouchers”), can only be redeemed in the seller’s online shop.
8.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer’s voucher account until the expiration date.
8.3 Gift vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible.
8.4 Only one gift certificate can be redeemed per order.
8.5 Gift Certificates can only be used to purchase goods and not for the purchase of additional Gift Certificates.
8.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference.
8.7 The credit of a Gift Certificate will not be paid in cash or interest.
8.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

9. Redemption of action vouchers
9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the vendor’s online shop and only within the specified period.
9.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
9.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
9.4 Per order, only one action voucher can be redeemed.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference
9.7 The balance of an action voucher will not be paid in cash or interest.
9.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.
9.9 The action coupon is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

10. Applicable law
10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

11. Jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.

12. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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