General Terms and Conditions
1. Subject of the contract
1.1 The following general terms and conditions apply to all delivery transactions of www.black-palms-label.com, owned by bp Media GmbH, Graf-Sieghart-Weg 24, 85570 Markt Schwaben (Seller) with its customers. The general terms and conditions apply to consumers within the meaning of § 13 BGB, unless it is expressly stated that they are only applicable to business customers. A consumer within the meaning of § 13 BGB 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.
1.2 The application of deviating terms and conditions from customers is expressly rejected. These only apply if and to the extent that their application has been expressly agreed to.
2. Conclusion of the contract
2.1 The presentation of goods on the seller's websites does not constitute an offer to conclude a contract, but rather an invitation to submit an offer by the customer (invitatio ad offerendum). Only the completion of the ordering process constitutes a legally binding offer to conclude a contract by the customer (order). To place the order, the customer can add the product to the electronic shopping cart by clicking the corresponding button in the product view. Here, options such as color, size, and quantity may be available. The order can be initiated by clicking the shopping cart button, which takes the customer to the electronic shopping cart. There, a summary of the product selection is included. The customer has the option to remove products from the selection. The customer can also cancel the order at any time. The order is continued by the customer entering their name, address, and other requested customer data in the form, selecting the payment options. The order is completed at the end of the order form by clicking the "buy now" button or another button with a corresponding label. The receipt of the order will be confirmed immediately by the seller via a confirmation email. The confirmation of receipt does not constitute acceptance of the order.
2.2 The seller's product offering generally only includes available goods. However, the seller reserves the right to check availability upon receipt of the order and will inform the customer immediately and refund any payments made by the customer promptly if the ordered goods are exceptionally unavailable.
2.3 The contract text is not stored. The general terms and conditions can be viewed at any time on the seller's website. The order data will be sent by email to the email address provided during the order. After the order is completed, the order data can no longer be retrieved unless you have set up a customer account using the provided functions. In this case, you can view the order data at any time through the customer account.
3. Payment Terms
3.1 The customer has the option to choose from various payment methods, unless a specific payment method is specified. The available payment options are visible at the end of each page and during the purchasing process.
3.2 The shipping of the goods occurs only against advance payment, unless otherwise agreed. If the goods are shipped on account, the purchase price is due for payment immediately without deduction.
4. Retention of Title
4.1 The sold goods remain the property of the seller until the purchase price has been paid in full. The buyer agrees to handle the goods with care until ownership is transferred.
4.2 The buyer must immediately notify the seller of any seizure, insolvency, damage, or loss of the goods as well as any change of possession.
5. Delivery, shipping costs
Delivery will take place, unless other delivery times are indicated, within five working days. Freight, delivery, and shipping costs can be viewed via the menu on the website under the corresponding link.
6. Exclusion of the right of cancellation for pre-order items
6.1 There is no right of cancellation for contracts for the delivery of so-called pre-order items, which are produced or procured exclusively on the basis of the respective pre-order and are not kept in stock.
6.2 Pre-order items are only put into production specifically for the customer after the order has been received and are therefore excluded from return, exchange, and cancellation.
6.3 A cancellation, return, or exchange of these items is excluded unless the delivered item has a material defect within the meaning of the statutory warranty provisions.
6.4 The customer will be expressly informed about the exclusion of the right of cancellation before the order is completed.
7. Right of cancellation for consumer customers
Exclusively for consumer customers within the meaning of § 13 BGB, i.e., natural persons who enter into a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity, the following applies:
Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day you or a third party designated by you, who is not the carrier, has taken possession of the last item.
To exercise your right of cancellation, you must inform us (www.black-palms-label.com, owner bp Media GmbH, Graf-Sieghart-Weg 24, 85570 Markt Schwaben, email: inform us of your decision to revoke this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample cancellation form for this purpose, but it is not mandatory. To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period expires.
If your order includes a free product "free gift" that is tied to a minimum order value, then this free product must also be returned in the event of a return that causes the remaining value of the original order to fall below the minimum order value. Otherwise, the value of the free product will be deducted from the refund.
For a quick and smooth processing, we ask you to register your return in our returns portal. You can find the returns portal at the following link: https://black-palms.returnsportal.online/
Consequences of withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract has been received by us. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return the goods immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for the examination of the nature, characteristics, and functioning of the goods.
End of the withdrawal instruction
Exceptions: The right of withdrawal does not apply to the delivery of goods that are not pre-manufactured and for which the consumer's individual choice or specification is decisive for their production, or that are clearly tailored to the personal needs of the consumer, or that can spoil quickly, or whose expiration date would be exceeded quickly. The same applies to goods that have been inseparably mixed with other goods after delivery due to their nature.
8. Warranty
The warranty is based on the statutory provisions.
8.2 When purchasing used items, the limitation period is 12 months, calculated from the delivery of the item.
8.3 Exclusively for corporate customers, the following applies:
The assertion of warranty claims requires that the customer has properly fulfilled their inspection and complaint obligations in accordance with § 377 HGB. The limitation period for defect claims is 12 months from the transfer of risk. If the subject matter of the contract is a used item, the warranty is excluded. This does not apply if a quality guarantee exists or if liability due to fraud applies.
9. Liability
9.1 In cases of intent or gross negligence, as well as in the absence of a guaranteed property, the seller is liable for all damages without limitation.
9.2 In cases of slight negligence, the seller is liable without limitation in the event of injury to life, body, or health. If the seller is in default due to slight negligence, if impossibility exists, or if there is a significant breach of duty, liability is limited to the typical foreseeable damage under the contract.
9.3 Otherwise, liability is excluded, except for mandatory liability under the Product Liability Act.
10. Transfer of Risk
Exclusively for corporate customers, the following applies: Unless otherwise agreed, delivery is "ex works."
11. Other Provisions
11.1 The assignment of claims requires the consent of the seller.
11.2 German law applies to the contractual relationships of the parties, excluding the UN Sales Convention. The applicability of mandatory provisions of consumer protection law of the country of origin remains unaffected.
11.3 Exclusively for corporate customers, the following applies: The place of jurisdiction for all disputes is the seller's registered office.
11.4 Should individual provisions of these GTC be ineffective, the effectiveness of the remaining provisions shall remain unaffected.
12. Raffle Participation Conditions
12.1 The raffle is conducted by bp Media GmbH (hereinafter referred to as "Organizer"). Address: Graf-Sieghart-Weg 24, D-85570 Markt Schwaben, E-Mail: customer@black-palms-label.com. The organizer is responsible for the execution of the raffle.
12.2 The number and description of the prizes can be found in the respective emails or social media postings. The organizer reserves the right to change the prizes at its discretion.
12.3 All natural persons who have reached the age of 18 and have their residence in a country that can be supplied according to the Shipping Conditions of the organizer are eligible to participate. Employees of the organizer and their relatives are excluded from participation. Additionally, participation is only possible for customers who place an order worth at least €250 (excluding shipping costs) in the organizer's online shop.
The contest period will be communicated in the respective email or social media posting. All orders placed during this period that reach a minimum purchase value of 250€ (plus shipping costs) will automatically participate in the draw. Orders placed after the end of the participation period are excluded from participation. (The exact dates for the start and end can be flexibly adjusted here. Simply enter the desired date.)
Participation occurs automatically with an order in the organizer's online shop. Participants must reach a minimum purchase value of 250€ (plus shipping costs) to participate in the draw.
Winners will be determined randomly. Winners will be notified by email about their prize within one week after the end of the contest. Winners must respond within 7 days of receiving the prize notification to accept their prize. Otherwise, the claim to the prize will expire.
By participating in the contest, the winners agree that their names may be published on the organizer's social media channels (especially on Instagram).
The personal data collected in the context of the contest (such as name, email address, and order number) will be used exclusively for the execution of the contest and for notifying winners. Data will not be shared with third parties, except in the case of prize delivery (e.g., shipping service providers). Participants' data will be stored for the duration of the contest and for a maximum period of 2 years, unless the participant objects to the storage. For more information on data protection, please refer to our Privacy Policy.
The organizer reserves the right to exclude participants from the contest if there is suspicion that they have violated the terms of participation or if there are indications of manipulation.
The organizer reserves the right to change the terms of participation at any time or to terminate the contest prematurely if unforeseen events occur that impair the proper execution of the contest.
The organizer is not liable for any damages arising in connection with participation in the contest, unless they are based on intent or gross negligence of the organizer.
The legal recourse is excluded.