1.1 The following general terms and conditions apply to all delivery transactions between www.black-palms-label.com, owner bp Media GmbH, Graf-Sieghart-Weg 24, 85570 Markt Schwaben (Seller), and its customers. These general terms and conditions apply to consumers within the meaning of Section 13 of the German Civil Code (BGB), unless expressly stated that they only apply to business customers. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.
1 . Subject matter of the contract
1.2 The application of deviating terms and conditions of the customer is expressly rejected. These shall only apply if and to the extent that their application has been expressly agreed upon.
2 . Conclusion of the contract
2.1 The presentation of goods on the Seller's website does not constitute an offer to conclude a contract, but rather an invitation to the Customer to submit an offer (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 an order, the Customer can place the product in the electronic shopping cart by clicking the corresponding button in the product view. 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. This contains a list of the product selection. The Customer has the option of removing 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 on the form and 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 designation. The seller will promptly confirm receipt of the order by email. This confirmation of receipt does not constitute acceptance of the order.
2.2 The Seller's product range generally only includes available goods. Nevertheless, the Seller reserves the right to check availability upon receipt of the order in individual cases and will inform the Customer immediately and refund any payments already made by the Customer immediately if, in exceptional circumstances, the ordered goods should not be available.
2.3 The contract text will not be saved. 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 when placing the order. After the order has been completed, the order data can no longer be accessed unless you have created a customer account using the functions provided. In this case, you can view the order data via the customer account at any time.
3 . Payment terms
3.1 The customer has the option of choosing from various payment methods, unless a specific payment method is specified. The available payment options can be viewed on the seller's website.
3.2 Unless otherwise agreed, goods will only be shipped against advance payment. If the goods are shipped on account, the purchase price is due 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 undertakes to treat the goods with care until ownership has been 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 ownership.
5 . Delivery, shipping costs
Unless otherwise stated, delivery will be made within five business days. Freight, delivery, and shipping costs can be viewed via the website menu under the relevant link.
6 . Right of withdrawal for consumer customers
Exclusively for consumer customers within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity, which follows:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must contact us (www.black-palms-label.com, owner bp Media GmbH, Graf-Sieghart-Weg 24, 85570 Markt Schwaben, email: customer@black-palms-label.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the expiry of the withdrawal period.
If your order includes a free gift tied to a minimum order value, this free gift must also be returned in the event of a return that results in the remaining value of the original order falling below the minimum order value. Otherwise, the value of the free gift will be deducted from the refund.
For a quick and smooth processing, we ask you to register your return in our returns portal:
Click here to go to the returns portal
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
Exceptions: The right of withdrawal does not apply to the delivery of goods that are not prefabricated and whose production is based on an individual selection or specification by the consumer, or that are clearly tailored to the consumer's personal needs, or that are subject to rapid perishability or whose expiration date would be quickly exceeded. The same applies to goods that, due to their nature, have been inseparably mixed with other goods after delivery.
7 . Warranty
7.1 The warranty is governed by the statutory provisions.
7.2 For the purchase of used goods, the limitation period is 12 months from the date of delivery of the goods.
7.3 The following applies exclusively to corporate customers:
The assertion of warranty claims requires that the customer has properly fulfilled their obligations to inspect and notify defects in accordance with Section 377 of the German Commercial Code (HGB). The limitation period for claims for defects is 12 months from the transfer of risk. If the contractual item is a used item, the warranty is excluded. This does not apply if a guarantee of quality exists or if liability for fraudulent intent applies.
8 . Liability
8.1 In the event of intent or gross negligence or in the absence of a guaranteed quality, the Seller shall be liable for all damages without limitation.
8.2 In the event of slight negligence, the Seller shall be liable without limitation in the event of injury to life, limb, or health. If the Seller defaults on performance due to slight negligence, impossibility of performance occurs, or a material breach of duty occurs, liability is limited to the foreseeable damage typical for the contract.
8.3 Otherwise, liability is excluded, with the exception of mandatory liability under the Product Liability Act.
9 . Transfer of risk
The following applies exclusively to corporate customers: Unless otherwise agreed, delivery shall be “ex works”.
10 . Other provisions
10.1 The assignment of claims requires the consent of the Seller.
10.3 The following applies exclusively to corporate customers: The place of jurisdiction for all disputes is the registered office of the seller.
10.2 The contractual relationship between the parties shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The application of mandatory consumer protection provisions of the country of origin remains unaffected.