Terms Of Service

Terms Of Service And Client Information

I. General Terms Of Service

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Angela Victoria Gomez Morales) via the website https://bazkberlin.com/. Unless otherwise agreed, we object to the inclusion of any conditions you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person, or a legally capable partnership, who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By posting the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar label), and entering the personal details, as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.

If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview either on the website of the payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review, modify (also using the "back" function of your web browser), or cancel your order in the order overview. By submitting the order via the respective button ("place order with obligation to pay", "buy", "buy now", "place order", "pay", "pay now", or similar wording), you legally declare the acceptance of the offer, thereby concluding the contract.
 

(4) Your requests for a quote are non-binding. We will submit a binding offer to you in writing (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be done via email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by spam filters.

§ 3 Custom-made Goods

(1) You will provide us with the necessary information, texts, or files required for the custom design of the goods via the online ordering system or by email, immediately after the conclusion of the contract. Any specifications regarding file formats must be observed.
 

(2) You agree not to submit any data whose content infringes on third-party rights (especially copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from any claims asserted by third parties in this regard, including the costs of any legal representation required.
 

(3) We do not verify the transmitted data for content accuracy and therefore assume no liability for errors.

§ 4 Special Agreements Regarding Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered through "PayPal" / "PayPal Checkout," the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available through "PayPal" will be displayed under a correspondingly labeled button on our website and during the online ordering process. For payment processing, "PayPal" may use additional payment services; if specific payment terms apply, you will be separately informed. For more information about "PayPal," please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship.

(2) The goods remain our property until the full purchase price has been paid.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify both us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation will only be considered agreed upon if you were informed about it by us before submitting the contract declaration, and the deviation was explicitly and separately agreed upon between the contracting parties.

§ 7 Choice of Law

(1) The law of the Federal Republic of Germany shall apply. This choice of law applies to consumers only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.





II. Customer Information

1. Identity of the Seller

Angela Victoria Gomez Morales
Kopernikusstraße 1
10243 Berlin
Deutschland
Telephone: +49 (0)1578 6137854
E-Mail: angela@bazkberlin.com



Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the contract formation itself, and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Language of the contract, storage of the contract text

3.1. The language of the contract is English.

3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive your order, the order details, the legally required information for distance contracts, and the terms and conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as shipping costs, are total prices. They include all price components, including all applicable taxes.

5.2. No shipping costs will be charged.

5.3. If the delivery takes place to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which you will be required to pay.

5.4. Any costs arising from money transfers (transfer or exchange rate fees of credit institutions) will be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5. The payment methods available to you are listed on a corresponding button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due for payment immediately.

6. Delivery Terms

6.1. The delivery terms, delivery date, and any applicable delivery restrictions can be found on a corresponding button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the goods during shipping passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or other person not named by the seller to execute the shipment.

7. Statutory Warranty Rights

The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: November 29, 2022