General Terms and Conditions
GENERAL TERMS AND CONDITIONS
§ 1 General Terms, Scope of Application
The following General Terms and Conditions (GTC) govern the contractual relationship between Bigleet GmbH Online Shop and the natural persons who use the Bigleet GmbH Online Shop website (hereinafter referred to as "Buyer").
The General Terms and Conditions apply to the use of the www.bigclan-shop.de website and all sub-domains belonging to this domain. The version valid at the time of the conclusion of the contract shall apply. The contract language is German.
§ 2 Conclusion of contract
(1) The offers of Bigleet GmbH Online Shop on the Internet represent a non-binding invitation to the Buyer to order goods from Bigleet GmbH Online Shop.
(2) By ordering the desired item on the Internet, the Buyer submits a binding offer to conclude a purchase contract.
(3) Bigleet GmbH Online Shop is entitled to accept this offer within 3 days by sending an order confirmation. The order confirmation shall be sent by e-mail. After the fruitless expiration of the time limit specified in sentence 1, the offer shall be deemed rejected.
§ 3 Payment, Default of Payment
(1) The following options are available to the buyer for payment of the goods: Prepayment, PayPal, Klarna (formerly Sofortüberweisung)
(2) If the Buyer is in default of payment (e.g. due to a reminder from the creditor), he shall be responsible for any negligence during this period. He shall also be liable for accidental damage due to performance, unless the damage would have occurred even if performance had been made on time.
(3) Interest shall be paid on the purchase price during the period of default. The default interest rate for the year is five percentage points above the prime rate.
(4) The assertion of further damages is not excluded.
§ 4 Delivery
(1) The delivery is carried out by sending the object of purchase to the address provided by the buyer. If delivery against advance payment has been agreed, the delivery period is 3-5 working days after receipt of the purchase price. Otherwise, the delivery period is 3-5 working days after dispatch of the order confirmation.
(2) Delivery is made against the stated packaging and shipping costs. For foreign deliveries, unless otherwise stated, the price for packaging and shipping is calculated separately according to weight. If the Buyer requests a special type of shipment that incurs higher costs, he shall also bear these additional costs.
§ 5 Retention of title
The object of purchase remains the property of Bigleet GmbH Online Shop until payment has been made in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of Bigleet GmbH Online Shop.
§ 6 Prices
The price for the object of purchase stated in the respective offer is to be understood as the final price including any value added tax and other price components that may be applicable. The price does not include delivery and shipping costs.
§ 7 Warranty
(1) Bigleet GmbH Online Shop warrants that the object of purchase is free of defects upon delivery. If a material defect becomes apparent within six months after delivery of the purchased item, it shall be assumed that the item was already defective upon delivery unless this assumption is incompatible with the type of purchased item or defect. If the material defect only becomes apparent after six months have elapsed, the Buyer must prove that the material defect already existed at the time of delivery of the object of purchase.
(2) If the object of purchase is defective upon delivery, the Buyer shall have the choice whether subsequent performance shall be effected by repair or replacement. Bigleet GmbH Online Shop is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not involve significant disadvantages for the Buyer.
(3) If the subsequent performance fails, the Buyer may, in principle, at his discretion, demand a reduction of the purchase price (abatement) or cancellation of the contract (withdrawal) as well as compensation for damages. In the case of only minor defects, the buyer shall not be entitled to withdraw from the contract.
(4) If Bigleet GmbH Online Shop delivers a defect-free object of purchase for the purpose of subsequent performance, Bigleet GmbH Online Shop may demand that the Buyer return the defective object of purchase.
(5) Claims of the Buyer due to defects shall become statute-barred after two years.
(6) Damage caused by improper or non-contractual measures taken by the Buyer during installation, connection, operation or storage shall not constitute a claim against Bigleet GmbH Online Shop.
§ 8 Limitation of Liability
(1) Bigleet GmbH Online Shop shall only be liable for damages other than those resulting from injury to life, body and health if such damages are due to intentional or grossly negligent conduct or culpable violation of a material contractual obligation by Bigleet GmbH Online Shop or its vicarious agents. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the Buyer may regularly rely. Any further liability for damages is excluded. Claims arising from a guarantee given by Bigleet GmbH Online Shop for the quality of the purchased item and the Product Liability Act shall remain unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of our online store.
§ 9 Choice of law
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
§ 10 Severability Clause
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put one party to the contract at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.
Bigleet GmbH - Online Shop
Marienfelder Allee 12
Managing Director: Daniel Finkler