General Terms & Conditions

General Terms and Conditions

I. General Regulations 

§ 1   Scope

  1. These General Terms and Conditions apply to all contracts, deliveries and services regarding the sale of all products offered in this online shop (www.blossomboulevard.com) with Blossom Boulevard as seller and you as customer. Blossom Boulevard e.K. sells and delivers exclusively according to this General Terms and Conditions.
  2. The inclusion of the customers own Terms and Conditions is not accepted, except expressly agreed upon by seller and customer.
  3. Consumer according to the following rules shall mean any natural person who concludes a legal transaction for personal and not for business purposes. Entrepreneur is every person or legal entity that acts in exercise of his or its trade business or profession when entering into this agreement.

§ 2 Offer

  1. The products presentation in our online shop does not constitute a binding offer for the conclusion of a contract. It is only a non-binding invitation to the customer to order merchandise from Blossom Boulevard e.K. online. During the order process of the desired products the customer is submitting to a binding offer for the conclusion of a sales contract.
  2. All orders are subject to acceptance by the seller and their availability. To the extent permitted by law, we reserve the right to refuse service to anyone for any reason at any time.
  3. The customer assures the correctness and integrity of all information including bank, credit card and other payment method data given during the order process. He further assures the authorization of the use.

II. Sale of Products 

§ 1 Conclusion of contact 

  1. Procedure of the ordering process:
  1. Selection of the desired products.
  2. Placement of the desired products into the shopping cart, by pressing the button „add to basket“.
  3. The customer then has the opportunity to look at a summary of his or her order by pressing the button „view cart“ or to continue shopping by pressing the button „continue shopping“.
  4. After shopping in our online shop and pressing the button „view cart“, the customer has the opportunity to check his or her order, to make modifications if necessary, to apply a  coupon code if possible and to take note of the shipping charges.
  5. After opening the „checkout“ page by pressing the button „proceed to checkout“ the customer is able to enter his personal data, select the payment method of his choice and confirm the General Terms and Conditions along with confirming the acknowledgement of the Right of Cancellation by placing the check mark at the corresponding position.
  6. When PayPal is selected as desired payment method, the customer will be forwarded to the corresponding PayPal web page, to enter his or herPayPal data. He/she will then be redirected to the overview page on our website.
  7. The customer has then the opportunity to complete his/her order by pressing the button „complete order“ and to submit a binding offer regarding the purchase and delivery of the goods.
  8. Once the order has been placed, the customer receives an order confirmation to the E-Mail address he/she has stated.
  9. The purchase and supply contract comes into effect when the payment is received. If a direct payment method has not been selected, the customer will be informed via E-Mail.
    1. Procedure of the order process for personalized products:
  1. Selection of the desired products.
  2. Customization of the product by pressing the button „customize“.
  3. On the following page the customer then has the opportunity to customize his/her desired product. He/she can therefore enter his/her desired text in the label itself or through the corresponding text boxes on the side by using the personalizer. By using the personalizer, the customer can for example choose between different fonts and font sizes.
  4. If applicable the customer has also the opportunity to choose between different colors by pressing the corresponding color button.
  5. When the customer has finished his/her personalization, he/she can then add the products to his/her cart by pressing the button „add to basket“.
  6. The customer then has the opportunity to look at the summary of the order by pressing the button „view cart“ or to continue shopping by pressing the button „continue shopping“.
  7. After opening the „checkout“ page by pressing the button „proceed to checkout“ the customer is able to enter his/her personal data, select the payment method of his choice and confirm the General Terms and Conditions along with confirming the acknowledgement of the Right of Cancellation by placing the check mark at the corresponding position.
  8. When PayPal is selected as desired payment method, the customer will be forwarded to the corresponding PayPal web page, to enter his/her PayPal data. He/she will then be redirected to the overview page on our website.
  9. The customer has then the opportunity to complete his/her order by pressing the button „complete order“ and to submit a binding offer regarding the purchase and delivery of the goods.
  10. Once the order has been placed, the customer receives an order confirmation to the E-Mail address he/she has stated.
  11. The purchase and supply contract comes into effect when the payment is received. If a direct payment method has not been selected, the customer will be informed via E-Mail.

 § 2 Personalized Products

  1. For personalized products the customer has to provide us with the suitable information, text or data files via the online ordering system or immediately after completing the order via E-Mail. Attention should also be paid regarding the requirement concerning data file types.
  2. The customer commits to not transmit data whose content would violate third-party rights (e.g. copyrights, trademark or name rights) or existing laws. Blossom Boulevard e.K. is exempted from all third-party claims in this context.
  3. We will not examine the transmitted data files for their accuracy. We can therefore not accept liability for mistakes.

§ 3 Prices and payment methods

  1. The stated prices in the online shop are final prices including all price components and legal vat., excluding shipping charges.
  2. Shipping charges are not included in the purchase price and depend on the selected product. Shipping charges are to be paid by the customer, unless cost-free shipment is promised. Besides of the shipping charges overview in our online shop, shipping charges will be calculated before completing the order. Note that the customer may has to pay additional charges like customs duties, depending on the shipping destination.
  3. Available methods of payment are mentioned in our online shop as well as in the course of the order process. The following payment methods are currently available: Credit card, Paypal and  payment in advance.

§ 4 Shipment

  1. The delivery will be executed as soon as the full payment has been received.
  2. Information regarding our delivery terms, periods and possible delivery restrictions are available in our online shop. In case of standard delivery service, the delivery time is not guaranteed.
  3. In case the customer is consumer, legal regulations rule, that the risk of deterioration will be transferred to the purchaser as soon as the supplier has handed over the goods, irrespective of whether the shipment is insured or uninsured. This provision does not apply if the customer engages a different shipper.
  4. If nothing else has been agreed, the delivery will be made to the specified delivery address. The customer carries the risk of non delivery, in case he/she has specified an incorrect address. We are not obliged to identify the correct address.
  5. Unforeseeable delivery obstacles, that are beyond our control, entitles us to adjust the delivery deadline. This also applies, if delivery obstacles occur at the sub-contractors.
  6. Partial delivery is allowed.
  7. If the customer is an entrepreneur, delivery and shipment takes place at his own risk.

§ 5  Warranty

  1. German Statutory Warranty Rights shall apply. The product range offered in our online shop is presented on the basis of sample images. Minor deviations from the actual products shall accordingly not represent defects. The decisive factor for the actual condition of the products is the corresponding product description. For defects arising from improper handling of the products we assume no liability.
  2. If the customer is an entrepreneur/enterprise the following applies with the exception of § 5 (1) of this General Terms and Conditions:
  1. Applicable as the product composition is agreed to is only our information and product description.
  2. The customer is obliged to inspect the goods immediately upon receipt for damage and free of defects and notify us within one (1) business day via E-mail, when defects are detected. This applies also for any defects discovered later but within the warranty period. If the customer violates his/her obligation to inspect and complain, the delivered products will be accepted as according to contract and the warranty will be excluded.
  3. In case of defects we shall provide for subsequent performance of our option by means of rectification or replacement. Should the correction of defect fail twice, the buyer may claim a reduction of purchase price or withdraw from the contract.

§ 6  Liability

  1. For damage which was caused by us, our legal representatives or sales agents we are unlimitedly liable:
  1. in case of damages to life, body and health;
  2. in case of intentional or grossly negligent breach of duty;
  3. in case of guarantee promises;
  4. as far as the scope of application of the German Product Liability Law is applicable.
  1. If basic contractual obligations are culpably infringed, the liability for Blossom Boulevard e.K. is limited to the typical damage as it was foreseeable upon execution of the contract.
  2. We are not liable in the case of breach of insignificant contracts obligations due to slight negligence.
  3. The liability for defects under statutory warranty are based on the regulations of § 5 of this General Terms and Conditions.
  4. Unaffected of the limitations of liability is the liability according to the German Product Liability Law.

 

§ 7 Retention of Title

We reserve the title to the goods until receipt of all due payments.

III. Final Provision

§ 1 Place of Jurisdiction and Applicable Laws

  1. Place of jurisdiction and fulfillment for all direct and indirect disputes arising from this contractual relationship, is exclusively our registered office in Cologne, if the customer is an entrepreneur, a judicial person of public law or public estate. The authorization to move the court to another court of jurisdiction remains unaffected.
  2. For these General Terms and Conditions and all legal relationships between Blossom Boulevard e.K. and the customer only the law of the Federal Republic of Germany applies with exception of the UN Sales Law.

§ 2  Dispute Reduction 

The European Commission provides a platform for an Online Dispute Resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute settlement procedure, as we are also not willing to.