General terms and conditions of business
General terms and conditions of business
Bluegate One GmbH, represented by the sole managing directors Katrin Lester and Jana May Lester, carries out your orders on the basis of the following General Terms and Conditions (GTC).
- Conclusion of contract
- Delivery date and delivery
- Prices
- Shipping
- payment
- Statutory right of withdrawal
- defects
- Liability
- Warranty conditions
- Retention of title
- Property rights
- Alternative dispute resolution
- Other Terms and Conditions
1. Conclusion of contract.
This online presentation of our products already represents a binding offer, which you can accept by placing your order using the procedure described below.
By clicking the “Add to cart” button in our online shop, you can place your selected items in the virtual shopping cart. By clicking on the shopping cart symbol you will be taken to the virtual shopping cart. Here you can check your order, delete items or change quantities.
Clicking on the "Continue" button initiates the ordering process, which you complete in the final step by clicking on "Buy now" and thus enter into a legally binding purchase contract with us with regard to the items in your shopping cart.
You will be automatically informed by email that we have received your order. The details of your order are also listed there. If you would like to save this contract text for yourself, please keep the confirmation email. If you have created a customer account and are logged in when placing your order, you can view the contract text for each order there. Without a customer account, you can no longer access the contract text.
2. Delivery date and delivery
The delivery period begins 2 days after your payment has been received by our bank.
For freight shipments, you are obliged to inform you of known restrictions on delivery traffic before shipment. The delivery is carried out to the curb.
3. Prices
All prices are in euros. The prices include statutory VAT.
“Order value” means the order value without any service surcharges and shipping costs.
4. Shipping costs.
You can find information about the shipping costs, shipping method and shipping weight for each item via the “plus shipping costs” link.
Shipping costs depend on size, weight and distance from the company headquarters.
Shipping costs only apply once per order, even if the order is delivered in multiple shipments. If an order is carried out to multiple delivery addresses, the shipping costs will be charged per delivery address.
For deliveries to German islands we charge an island surcharge of 75 euros.
5. Payment
You can pay for the ordered goods in advance, conveniently and easily using the following payment methods.
- a) Credit card:
The invoice amount will be charged when you complete the ordering process and submit your order. - b) Transfer
- c) Paypal payment service (requires a separate account with the payment service)
6. Statutory right of withdrawal
If you purchase goods as part of your independent professional activity, you are entitled to a statutory right of withdrawal in accordance with Sections 312g and 355 of the German Civil Code (BGB), which we will explain at the end of these General Terms and Conditions.
The costs of return or return shipping are at your expense. We can refuse to refund the value of the goods until we have received the goods back. If you need assistance with returns, our customer service will help you.
The voluntary right of return is excluded if the goods are damaged or if the goods show signs of use that go beyond the scope that is caused by checking the nature, properties and functionality of the goods. Furthermore, this does not apply to goods that have been individually manufactured for you or to unsealed goods.
7. Defects
If the goods are defective, then, subject to Section 8, you have the statutory claims, which are free of charge. If you receive goods with defects despite extensive checks, our customer service will be happy to help you.
8. Liability
Customer claims for compensation are excluded. Excluded from this are claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations, as well as liability for other damages if they are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective. However, in the event of a simple negligent violation of essential contractual obligations, we are only liable for the foreseeable damage typical for the contract.
These restrictions also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.
9. Warranty conditions
Excluded from our guarantee are commercial buyers who purchase the goods for the purpose of resale.
We generally offer a 2-year guarantee, unless otherwise stated on the item. Your statutory warranty rights, the use of which is free of charge, remain unaffected by our guarantee. Our guarantee applies for the period from the handover of the goods to the buyer until the expiry of the specified guarantee period. In the event of a warranty claim, the buyer can send the goods to the following address at our expense. He will receive a repair or a replacement delivery at our discretion. The guarantee does not apply to natural wear and tear or damage caused by the buyer. The guarantor is us, Bluegate One GmbH, Blaue Pforte 16, 24802 Emkendorf.
10. Retention of title
The goods remain our property until they have been paid for in full (including VAT and shipping). Consumers are not permitted to resell them before their obligations arising from the purchase have been fully met.
11. Property rights
We reserve the intellectual property rights and copyrights to all products, images and other documents we supply. Imitation by third parties requires our special approval.
12. Alternative Dispute Resolution.
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are not obliged and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board .
13. Other Terms and Conditions.
If any of the terms and conditions are invalid, the others will continue to apply. We hereby object to the customer's general terms and conditions.
The place of jurisdiction is our place of business if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a place of residence within the European Union. We are entitled to take legal action at the customer's general place of jurisdiction.
German law applies to the exclusion of the UN purchase law. When dealing with end consumers within the European Union, the law of the end user's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must contact Bluegate One GmbH, Blaue Pforte 16 in 24802 Emkendorf, email address: one@bluegate.me, by means of a clear statement (e.g. a letter sent by post, email) about your decision to revoke this contract. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we must repay all payments that we have received from you, excluding delivery costs, immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We can refuse the refund until we have received the goods back.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of the return.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note that you no right of withdrawal have the following contracts:
- Contracts for the delivery of goods with selected special colors that have been manufactured individually for you.
- This does not affect the standard color black.
- Contracts for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,