General Terms and Conditions
1. Subject matter of the contract
1.1 The following general terms and conditions apply to all delivery transactions of www.black-palms-label.com, owner 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 to apply to business customers. A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
1.2 The application of differing terms and conditions from customers is expressly rejected. These only apply if and to the extent that their application has been expressly agreed upon.
2. Conclusion of the contract
2.1 The display of goods on the seller's websites does not constitute an offer to conclude a contract but 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 an order, the customer can add the product to the electronic shopping cart by clicking the corresponding button in the product view. Selection 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 is a list of the selected products. The customer has the option to remove products from the selection. The customer can also cancel the order at any time. The order continues by entering the 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 seller confirms receipt of the order immediately by email. The confirmation of receipt does not constitute acceptance of the order.
2.2 The seller's product range generally only includes available goods. However, 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 without delay if the ordered goods are exceptionally not available.
2.3 The contract text is not 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 during the order. After completing the order, the order data is no longer accessible unless you have set up a customer account using the provided functions. In this case, you can view the order data at any time via 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 bottom of each page and during the purchase process.
3.2 Shipping of the goods is only made against prepayment unless otherwise agreed. 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 full payment of the purchase price. The buyer undertakes to treat the goods with care until ownership is transferred.
4.2 The buyer must immediately notify the seller of any seizure, insolvency, damage, loss of the goods, or change of possession.
5. Delivery, shipping costs
Delivery is made within five working days unless other delivery times are indicated. Freight, delivery, and shipping costs can be viewed via the website menu under the corresponding link.
6. Exclusion of the right of withdrawal for pre-order items
6.1 There is no right of withdrawal for contracts concerning the delivery of so-called pre-order items that are produced or procured exclusively based on 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 is received and are therefore excluded from return, exchange, and withdrawal.
6.3 Withdrawal, return, or exchange of these items is excluded unless the delivered item has a defect within the meaning of the statutory warranty provisions.
6.4 The customer is expressly informed about the exclusion of the right of withdrawal before placing the order.
7. Right of withdrawal for consumer customers
Exclusively for consumer customers within the meaning of § 13 BGB, i.e., natural persons who enter into a legal transaction for a purpose that is neither commercial nor self-employed professional activity, as follows:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took 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) by means of a clear statement (e.g., a letter sent by post, fax, or email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
If your order includes a free product “free gift” tied to a minimum order value, this free product must also be returned in case 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 process, 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 received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. For this refund, we will use the same payment method you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
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 the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss is due to handling them beyond what is necessary to check their condition, properties, and functioning.
Please note: All items must be returned with the original labels attached, unworn, undamaged, free of odors (e.g., perfume, sweat, or smoke), and clean—otherwise, they cannot be refunded. Items that have already been washed will not be refunded. Packaging that is part of the product must also be returned complete and undamaged. If these conditions are not met, we reserve the right to withhold an appropriate portion of the refund.
End of the withdrawal instruction
Area exceptions: The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer or that can perish quickly 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.
8. Warranty
8.1 The warranty is governed by statutory provisions.
8.2 For the purchase of used goods, the limitation period is 12 months from the delivery of the item.
8.3 The following applies exclusively to business customers:
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 of the contract is a used item, the warranty is excluded. This does not apply if there is a quality guarantee or liability due to fraud.
9. Liability
9.1 In cases of intent or gross negligence as well as the absence of a guaranteed characteristic, 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, impossibility occurs, or a material contractual obligation is breached, 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
The following applies exclusively to business customers: Unless otherwise agreed, delivery is made "ex works."
11. Other Provisions
11.1 The assignment of claims requires the seller's consent.
11.2 German law applies to the contractual relationships between the parties, excluding the UN Sales Convention. The applicability of mandatory consumer protection provisions of the country of origin remains unaffected.
11.3 The following applies exclusively to business customers: The place of jurisdiction for all disputes is the seller's registered office.
11.4 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.
12. Contest Terms and Conditions
12.1 The contest is conducted by bp Media GmbH (hereinafter referred to as the "Organizer"). Address: Graf-Sieghart-Weg 24, D-85570 Markt Schwaben, Email: customer@black-palms-label.com. The organizer is responsible for conducting the contest.
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 own discretion.
12.3 Eligible to participate are 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. 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 (plus shipping costs) in the organizer's online shop.
12.4 The contest period will be communicated in the respective email or social media post. All orders placed during this period with a minimum purchase value of €250 (plus shipping costs) will automatically participate in the draw. Orders received after the end of the participation period are excluded from participation. (The exact start and end dates can be flexibly adjusted here. Simply enter the desired date.)
12.5 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 enter the draw.
12.6 Winners will be determined randomly. Winners will be notified of their prize by email within one week after the end of the contest. Winners must respond within 7 days of receiving the notification to accept their prize. Otherwise, the claim to the prize will expire.
12.7 By participating in the contest, winners agree that their names may be published on the organizer’s social media channels (especially on Instagram).
12.8 The personal data collected in connection with the contest (such as name, email address, and order number) will be used exclusively for conducting the contest and notifying winners. Data will not be passed on to third parties, except in the case of prize delivery (e.g., shipping service providers). Participant data will be stored for the duration of the contest and for a maximum of 2 years unless the participant objects to the storage. For more information on data protection, please refer to our Privacy Policy.
12.9 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 manipulations are present.
12.10 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 conduct of the contest.
12.11 The organizer is not liable for any damages arising in connection with participation in the contest, unless these are due to intent or gross negligence on the part of the organizer.
12.12 Legal recourse is excluded.