Terms & Conditions
1 General Terms and Conditions of Business 1 General – Scope of application
(1) The following general terms and conditions apply exclusively to the brokerage of sales of goods and other services by us, the company Boutik Tropik, operator of the Internet shop www.boutik- tropik.com, regardless of whether these transactions are concluded online or offline. They are valid in the version at the time of the conclusion of the contract.
(2) These terms and conditions apply to all present and future business transactions.
(3) Diverging or conflicting or additional general terms and conditions regarding our general terms and conditions, even if known, shall not be a binding part of the contract, unless its validity is agreed by us in a written form.
(4) Individual agreements made in individual cases (including additional agreements, Supplements and amendments) take precedence over these general terms and conditions. For the content of such agreements a written agreement is required or our express written confirmation.
(5) Even without clarification, the statutory regulations shall apply in addition, insofar as they are not amended or excluded in these General Terms and Conditions.
2 Conclusion of contract
(1) All offers on our website are non-binding and without obligation. This applies in particular to prices, illustrations and brochures. Technical modifications as well as changes in form, colour and/or weight remain reserved within a reasonable scope.
(2) We are merely intermediaries between the buyer and the respective dealer, whose goods the buyer selects in his order process. With this dealer the contract of sale comes into effect. We are not responsible for the examination of the agreed contents. Accordingly, our duty is limited to mediation of a sales contract with the care of a prudent businessman.
(3) With the order of a product through us, the buyer declares bindingly of wanting to acquire the goods. The order given to us or to our representatives can be accepted within two weeks after receiving the order. Confirmation can either be in written form or be declared by delivery of the goods to the buyer.
(4) If the consumer orders the goods electronically, we will immediately confirm the order without delay. The confirmation does not yet constitute a binding acceptance of the order. The confirmation receipt can be sent with the declaration of acceptance.
(5) The contract is concluded by accepting the order of the buyer and under the reservation of the correct and timely self-supply by our delivery service. This only applies in the event that non-delivery is prevented by an obstacle which we are not responsible for, in particular in the event of conclusion of a contract of a congruent covering transaction with our delivery service.
(6) If the consumer orders the goods by electronic means, the text of the contract is stored by us and sent to the customer upon request in addition to the General Terms and Conditions by e-mail.
3 Delivery conditions
(1) Unless a binding delivery date has been agreed upon, our delivery date or delivery periods are exclusively non-binding information.
(2) The beginning of the delivery period stated by us shall be subject to the punctual and proper fulfilment of the customer’s obligations. The plea of the unfulfilled contract remains reserved.
(3) The customer can inform us 3 weeks after a non-binding delivery deadline has exceeded in text form and request within a reasonable period of time to deliver. If we are responsible for an explicit delivery date/period or if we fall into arrears for any other reason, then the customer must set us a reasonable grace period for performance of the service. If we allow the grace period to elapse fruitlessly, the customer shall be entitled to withdraw from the contract of sale.
(4) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the loss we have incurred as a result of this compensation for damages, including any additional expenses. We reserve the right to assert further claims. The customer for his part remains the right to prove that the damage in the required amount was not caused at all or at least significantly lower. The risk of accidental loss or accidental deterioration of the object of purchase shall be passed to the customer at the point in time at which the customer defaults on acceptance or payment.
(5) Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
4 Transfer of risk
(1) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall be passed on to the buyer upon delivery, in the case of mail order purchase upon delivery of the goods to the forwarding agent, the carrier or any other party of the shipment to a specific person or institution.
(2) If the purchaser is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall not be passed to the purchaser until the item has been handed over, even in the case of mail order purchase.
(3) Delivery is deemed to have taken place even if the buyer is in default of acceptance.
(1) As long as the information contained in our brochures, advertisements and other sales documents have not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate authoritative.
(2) If the delivered item does not have the quality agreed between the customer and us or if it is not suitable for the use stipulated in our contract or in general or if it does not have the characteristics which the customer could expect after our public statements, we are obliged to supplementary performance. This does not apply if we are entitled to refuse supplementary performance on the basis of statutory regulations.
(3) The customer shall first have the choice of whether the supplementary performance is to come in effect by repair or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance without significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or withdrawal from the contract by the customer is excluded. A Repair shall be deemed to have failed with the second unsuccessful attempt if the nature of the item or the defect or other reasons for the defect has not changed the circumstances. If the supplementary performance has failed or refuse the supplementary performance, the customer can, at his choice, claim reduction of the purchase price or withdrawal from the contract.
(4) Claims for damages due to the defect under the following conditions can only be asserted by the customer if the supplemental performance has failed or we have refused supplemental performance. The right of the customer to this shall not affect the assertion of further claims for damages under the following conditions. Without prejudice to the above provisions and the following limitations of liability, we are liable without limitation for damages to life, body and health resulting from a negligent or intentional breach of duty on the part of our legal representatives, or of our vicarious agents, as well as for damages covered by liability under the Product Liability Act, and for all damages based on intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or vicarious agents. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages based on the absence of the guaranteed quality or durability, which do not directly affect the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.
(5) We shall also be liable for damages caused by simple negligence, insofar as such negligence concerns the violation of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal duties). However, we shall only be liable if the damage is typically associated with the contract and is foreseeable. We shall otherwise not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 – 3 shall also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.
(6) Any further liability is excluded regardless of the legal nature of the asserted claim. As far as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, representatives and vicarious agents.
(7) The warranty period is 2 years, calculated from the transfer of risk. This deadline also applies to claims for compensation for consequential damage caused by a defect, as far as no claims are made from unauthorized actions.
(8) Entrepreneurs must notify us in written form of obvious defects within a period of two weeks. upon receipt of the goods; otherwise the assertion of warranty claims is excluded. To meet the deadline the timely dispatch is sufficient. The entrepreneur bears the full burden of proof for all eligibility requirements, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect.
6 Right of revocation
(1) The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks after receipt of the goods. The revocation does not have to contain a reason and must be declared to the seller in written form or by returning the goods; timely dispatch is sufficient to meet the deadline.
(2) When exercising the right of withdrawal, the consumer is obliged to return the goods if they can be sent by parcel service. If the right of revocation is exercised, the costs of return shipment shall be borne by the consumer for an order value of up to EUR 40, unless the goods delivered do not correspond to the goods ordered. With an order value over EUR 40 the consumer does not have to bear the costs of the return.
(3) The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may examine the goods carefully and with diligence. The consumer must bear the loss in value which, due to the use beyond the mere inspection, means that the goods can no longer be sold as “new”.
7 Prices and terms of payment
(1) The prices which are valid at the time of the submitted order shall apply in each case. Therefore, in principle, there is no right to receive the goods earlier or later in favor of a reduced price. If, in exceptional cases, we still take into account price reductions for your current order before delivery of the goods, this is done voluntarily and without legal obligation. Prices are ex works or ex warehouse. Our prices include VAT and packaging. Delivery and shipping costs are not included in our prices.
(2) Payment of the purchase price shall be made exclusively to the account specified overleaf. The deduction of a discount is only possible with a special written agreement.
(3) Unless otherwise agreed, the purchase price shall be paid within 21 days of delivery. Interest on arrears shall be charged at a rate of 5 % above the respective base interest rate p. a. We reserve the right to assert higher damages caused by default. In the event that we claim a higher damage caused by default the customer has the possibility to prove to us that the claimed damage caused by default is not at all or at least in a considerably lower amount.
(4) The buyer has a right of compensation only if his counterclaims are legally established or indisputable. The buyer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
(5) If payment is delayed, we are entitled to exclude the buyer from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention. In exceptional cases, in particular if the buyer is urgently dependent on delivery, which he must immediately notify and prove after assertion of the right of retention, delivery will be made after prepayment or cash on delivery after confirmation already given by us.
8 Final clauses
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is filed.
(3) Should individual provisions of the contract with the buyer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.