General terms and conditions

General Terms and Conditions

for the online shop at the URL

operated by

BONJOUR BERLIN
Ruslan Scharfmann
Kurfürstendamm 203/205
10719 Berlin
E-Mail: contact@bonjour-fashion.com
Phone number: +49(0)30 33931010

- hereinafter referred to as: Provider -

1. Scope

These General Terms and Conditions (GTC) apply, after their inclusion, to all contracts concluded for the acquisition of goods, services, or other items (hereinafter "Goods") in the online shop at the aforementioned URL, in their version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract, unless the provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop represent a non-binding invitation from the provider to online shop visitors to submit an offer for the purchase of the goods offered in the shop.

2.2 The ordering of the goods takes place via the provider's online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g., by email) (order confirmation) and this order confirmation is received by the customer, or by delivering the ordered goods and these goods are received by the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and the payment request is received by the customer; the decisive factor for the time of the conclusion of the contract is the time at which one of the alternatives mentioned in the first half of the sentence first occurs.

2.3 Before submitting a binding order via the provider's online order form, the customer can check their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The provider will save the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). The provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for concluding the contract: German.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded off-premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. Details can be found in the cancellation policy, which will be provided to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value-added tax and any listed shipping costs. The customer will be informed about the available payment options in the provider's online shop.

4.2 If "prepayment" is agreed, the purchase price is due immediately after the conclusion of the contract.

4.3 If "purchase on account/invoice purchase" is agreed, payment is due immediately after the conclusion of the contract, unless a different payment term has been specified in the invoice or during the purchase process.

4.4 If "SEPA direct debit" is agreed, payment is due immediately after the conclusion of the contract. Before the purchase price is debited, the customer will be informed when to expect the debit of the agreed purchase price (pre-notification). The direct debit will not take place before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient account balance, incorrect bank details, or other reasons for which the customer is responsible, the customer shall bear any resulting chargeback fees, provided that the customer is responsible for the failure of the direct debit.

4.5 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.

4.6 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.7 If "Sofortüberweisung" is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.8 If "Apple Pay" is selected as the payment method, payment processing is handled by the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after the conclusion of the contract.

4.9 If "Google Pay" is selected as the payment method, payment processing is handled by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after the conclusion of the contract.

4.10 For payment with "American Express", processing is handled by American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main. Payment is due immediately after the conclusion of the contract.

4.11 If "VISA" is selected as the payment method, payment processing is handled by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, Great Britain. Payment is due immediately after the conclusion of the contract.

4.12 If "Klarna" is selected as the payment method, payment processing is handled by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g., installment purchase, invoice purchase). Payment is – unless otherwise stated – due immediately after the conclusion of the contract.

5. Retention of Title

The purchased goods remain the property of the provider until full payment of the purchase price.

6. Delivery and Reservation of Self-Supply

6.1 Subject to other agreements, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 If the provider cannot deliver the ordered goods because the provider himself was not supplied through no fault of his own, even though he concluded a congruent hedging transaction with a reliable supplier in good time, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of performance. Any consideration already provided by the contractual partner will be reimbursed immediately. Mandatory consumer law remains unaffected by the present paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and Indemnity

8.1 The provider is liable without limitation:

for damages resulting from injury to life, body, or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
for damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
due to a guarantee promise, as far as no other regulation has been made in this regard;
due to mandatory liability (e.g. according to the Product Liability Act)

8.2 If the provider negligently breaches a material contractual obligation, his liability is limited to the typical, foreseeable damage, unless there is unlimited liability in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3 In all other respects, liability of the provider, as well as the liability of his vicarious agents and legal representatives, is excluded.

8.4 The customer indemnifies the provider from any claims of third parties – including the costs for legal defense in their statutory amount – which are asserted against the provider due to illegal or contractual actions of the customer.

9. Data Protection

The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually residing in the EU being deprived of mandatory statutory provisions of the law of their state of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's registered office is competent, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected thereby.

11. Information on Online Dispute Resolution / Consumer Arbitration

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these GTC.

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