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.

TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1. scope
2. Conclusion
3. Withdrawal
4. Prices and payment
5. Shipping & Conditions
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. redemption of vouchers Action
10. Applicable Law
11. Jurisdiction
12. Information on Online Dispute Resolution


1.1 These terms and conditions (the “Conditions”) of “Fabian-Bernd Herkelmann” trading as “Bonkers Shop” (hereinafter “Seller”) apply to all contracts which a consumer or entrepreneur (hereinafter “Customer”) with the seller closes in terms of the seller in its online store goods and / or services listed. This is the involvement of its own conditions of the customer are objected to, unless it is otherwise agreed.

1.2 The purchase of vouchers these Conditions shall apply mutatis mutandis, unless the extent not specifically otherwise regulated.

1.3 Within these terms is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent professional activity.

1.4 the purposes of these Conditions is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

2. Conclusion

2.1 The product representations contained in the online shop of the seller are not binding offers on the part of the seller, but intended to submit a binding offer by the customer.

2.2 The customer can submit the offer via the integrated in the online shop of the seller online order form. Here are the customer after he has selected goods and / or services in the virtual shopping cart and go through the electronic ordering process, by clicking the the ordering process final button a legally binding contract offer in relation to the goods and / or services contained in the basket ,

2.3 The seller can accept it within five days the customer’s offer,

– By forwarding the customer a written confirmation or a confirmation in writing (fax or e-mail), wherein the extent of the order confirmation to the customer is decisive, or

– By the customer the ordered goods, where the extent of access of goods to the customer is decisive, or

– By after delivery of the order instructs the customer to pay.

If several of the above alternatives, the contract is concluded in the time in which one of the aforementioned alternatives comes first. The deadline for acceptance of the offer starts on the day following the dispatch of the offer by the customer immediately and shall end with the end of the fifth day, which follows the dispatch of the offer. If the seller is not in the customer’s offer within the aforementioned period, this is considered as rejection of the offer, with the result that the customer is no longer bound by his declaration of intention.

2.4 If the customer chooses during the ordering process “debit” or “debit” as the payment made, the seller can offer the customers also accept the fact that it collects the total price within five days from the customer’s bank account, where the extent of the time instrumental is to the customer’s account is debited. Besides, clause 2.3 shall apply accordingly.

2.5 In submitting a tender on the online order form from the seller of the contract will be stored by the seller and the customer by submitting his order, together with these Terms and Conditions in writing (eg. As e-mail, fax or letter) sent. In addition, the text of the contract on the seller’s website is archived and can be accessed free of charge from the customer of the password protected customer account, specifying the login information, provided that the customer has created an account in the online shop of the seller before submitting his order.

2.6 Before binding the order through the online order of the seller, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory delivery of the order will be displayed again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.

2.7 For the contract is exclusively for the German language.

2.8 The order processing and contact can be usually by e-mail and automated order processing. The customer must ensure that his or her designated for order processing e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the customer must ensure in the use of spam filters that can all be delivered by the seller or by this body responsible for order processing Third messages sent.

3. Withdrawal

3.1 consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal arising from the cancellation of the seller.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4. Prices and payment

4.1 Unless the product description of the seller requires otherwise, is at the indicated prices are total prices that include VAT. Optionally, additional delivery and shipping costs are displayed separately in the respective product description.

4.2 For deliveries to countries outside the European Union may incur other costs in an individual case, which the seller is not responsible for and which are borne by the customer. These include costs for the transfer of funds through banks (for example, transfer fees, exchange fees) or legal import duties and taxes (for example, tariffs). Such costs may also be incurred if the delivery is not made outside the European Union in a country, but the customer makes payment from a country outside the European Union in relation to the money transfer.

4.3 The customer has several payment options available, which are stated in the online shop of the seller.

4.4 If you choose the payment method “PayPal” payment processing via the payment service PayPal is done (Europe) S.à R.L. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under application of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This implies u. A. Requires that the customer opened a PayPal account or already has such an account.

5. Shipping & Conditions

5.1 Delivery of goods is carried out regularly on the shipping routes and to the delivery address specified by the customer. During completion of the transaction, the price listed in the purchase of the vendor delivery address is decisive. Deviating from this, at the time of payment at PayPal deposited by the customer delivery address is instrumental in selecting the PayPal payment.

5.2 Sends the shipping company sent the goods to the seller back because a delivery to the customer has not been possible, the customer bears the costs for the unsuccessful delivery. This does not apply if he has, not responsible for the circumstance which has led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller his performance had announced a reasonable time in advance ,

5.3 For collection, the seller informs the customer first by e-mail that the ordered goods are available for collection. Upon receipt of this e-mail, the customer can pick up the goods after consultation with the seller at the location of the seller. In this case, no shipping costs will be charged.

5.4 vouchers are provided to the customer as follows:

by email
via download
postal
6. Retention of title

If the Seller in advance, he reserves until full payment of the purchase price owed the title to the goods supplied.

7. Liability for defects

7.1 If the merchandise is faulty, the provisions of the statutory warranty apply.

7.2 The customer is asked to claim the delivered goods with obvious damages to the deliverer and to inform the seller accordingly. If the Customer does not comply, this has no effect on his legal or contractual warranty claims.

8. Redemption of gift vouchers

8.1 vouchers that can be purchased via the online shop of the seller (the “Gift Certificates”) can only be redeemed in the online shop of the seller.

8.2 Gift Cards and remaining balance of Gift Certificates are redeemable by the end of the third year following the year of the voucher purchase. Remaining balance will be credited until the expiry date on the voucher’s account.

8.3 Gift Vouchers can only be redeemed prior to the conclusion of the ordering process. An allocation afterwards is not possible.

8.4 per order only a gift certificate can always be redeemed.

8.5 Gift cards can be used only for the purchase of goods and not for the purchase of other gift cards.

8.6 Where the value of the gift certificate to cover not out of order can, one of the other payment methods offered by the seller are elected to pay the difference.

8.7 The balance of the Gift Certificate will bear interest either in cash paid.

8.8 The gift voucher is transferable. The seller can payment is made to the respective owner, redeems the gift certificate in the online shop of the seller, afford. This does not apply if the seller knows or grossly negligent ignorance of the non-permission of the incapacity or the lack of representation of such owner has.

9. redemption of vouchers Action

9.1 vouchers that are issued without consideration by the seller as part of promotions with a certain validity and can be purchased by the customer can not be bought (the “Promotional codes”), can only be redeemed in the specified period only in the online shop of the seller and.

9.2 Individual products may be excluded from the coupon action, provided that such restriction on the content of the promotional code results.

9.3 Promotional codes can only be redeemed prior to the conclusion of the ordering process. An allocation afterwards is not possible.

9.4 per order only one promotional code can always be redeemed.

9.5 The value of goods shall be at least the amount of the promotional code. Eventual remaining balance will not be reimbursed by the seller.

9.6 Where the value of the promotional code to cover not out of order can be chosen one of the other payment methods offered by the seller to pay the difference amount

9.7 The balance of the promotional code is still interest in either cash paid.

9.8 The promotional code will not be refunded if the customer returns the action with the coupon completely or partially paid goods under its statutory right of withdrawal.

9.9 The Action Voucher is transferable. The seller can payment is made to the respective owner who redeem the promotional code in the online shop of the seller, afford. This does not apply if the seller knows or grossly negligent ignorance of the non-permission of the incapacity or the lack of representation of such owner has.

10. Applicable Law

10.1 The law of the Federal Republic of Germany, excluding the laws on the international sale of goods applies to all legal relationships between the parties. For consumers, this choice of law only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his habitual residence shall apply.

10.2 Further, this choice of law with respect to the legal right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

11. Jurisdiction

If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, is the exclusive jurisdiction for all disputes arising from this contract is the business of the seller. If the customer is established outside the territory of the Federal Republic of Germany, as is the business of the seller exclusive jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract the professional activity of the customer can be attributed. The seller is however entitled in the above cases, in any case, to call the place of business of the customer.

12. Information on Online Dispute Resolution

The Commission closes the Internet at the following link a platform for online dispute resolution ready: http://ec.europa.eu/consumers/odr

This platform serves as a focal point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.