Conditions

Terms of Service

Business and delivery conditions of BUNKER158 Robert Borgmann Trade in goods of all kinds, hereinafter referred to as BUNKER158, Wellerstr. 51-47652 Weeze
§ 1. General
1. For the relations of the company BUNKER158 to the buyer exclusively these business and delivery conditions apply. Any differing or different terms and conditions of the buyer shall only become part of the contract after prior written confirmation by BUNKER158. Additional agreements require the written form. 2. In the case of the legal invalidity of one of the following conditions this has no influence on the other conditions. BUNKER158 and the purchaser will replace ineffective conditions with effective legal provisions that come closest to the content of the invalid condition.
2. Im Falle der rechtlichen Unwirksamkeit einer der nachfolgenden Bedingungen hat dies auf die übrigen Bedingungen keinen Einfluß. BUNKER158 und der Käufer werden unwirksame Bedingungen durch wirksame gesetzliche Regelungen ersetzen, die dem Inhalt der unwirksamen Bedingung am nächsten kommt.

§ 2 Delivery / transfer of risk / costs of return upon revocation
1. BUNKER158 will deliver the ordered goods through any courier service on the German market or deliver them yourself. If the delivery owed by BUNKER158 is delayed or partially impossible due to unpredictable circumstances which are not caused by BUNKER158, we are entitled to withdraw from the contract in whole or in part. In this case, BUNKER158 is therefore entitled to deliver parts of the order and bill accordingly. The buyer will be informed immediately about the unavailability of the goods.
2. The risk of accidental loss or accidental deterioration of the delivery item shall in principle also pass to the buyer upon dispatch of the goods, if BUNKER158 has taken over the shipping costs or other additional services, unless the purchase contract is a consumer goods purchase in the sense of § 474 Abs. 1 Satz 1 BGB.
If the purchaser is a consumer in the sense of § 13 BGB, then the risk of accidental loss or accidental deterioration, even in a dispatch purchase only on the buyer, if he has acquired the possession of the purchased item ( § 446 sentence 1 BGB) or defaulting on acceptance (§§ 293 ff. BGB). 3. In the exercise of a right of withdrawal (see § 8), the buyer bears the regular cost of the return.
3. Bei Ausübung eines Widerrufsrechts (dazu § 8) trägt der Käufer die regelmäßigen Kosten der Rücksendung.

§ 3 offer and acceptance
1. All offers from BUNKER158 are non-binding. Decisive are the prices quoted by us, whereby we reserve the right to price changes insofar as these do not concern goods which are delivered within four months after the conclusion of the contract, unless the change consists in a price reduction.
2. BUNKER158 reserves a 14-day right to object.

§ 4 prices
The prices are gross prices, thus including the legal value added tax and are understood unfree from stock. In other words, the buyer bears the transport costs and insurance. At the request of the buyer, BUNKER158 will carry out a certain shipping method or insurance of the goods. The additional costs are borne by the buyer.

§ 5 Acceptance
1. In the event of non-fulfillment of these conditions, in particular default of payment or bad credit information of the buyer BUNKER158 is entitled at its discretion, either a) withdraw from the contract or b) refunded for down payments or c) deliver goods in this value or d) damages to demand for non-performance.
2. Subject to the assertion of further damage, BUNKER158 may demand 25% of the purchase price without proof as compensation if the buyer does not prove that no damage has occurred at all or not at this amount.

§ 6 Payment, purchase on account & installment
1. All invoices must be paid in advance to BUNKER158 or to a company commissioned by us.
2. If the buyer defaults on his payment, the amount owed shall be subject to interest at a rate of 4% per annum above the respective discount rate of the Deutsche Bundesbank from the due date. Interest rates are higher or lower if BUNKER158 proves a higher or the buyer a lower actual interest charge.
3. A right of retention of the buyer is excluded, as far as it is not based on the same contractual relationship. The goods remain the property of BUNKER158 until full payment. Against payment claims of BUNKER158 the buyer can offset only with undisputed or legally established claims.
4. If the buyer is completely or partially in arrears with the payment for one or more invoices, all claims of BUNKER158 to the buyer shall become due immediately. The interest is calculated as stated above.
5. If the buyer is in default, without prejudice to other rights of BUNKER158 expires the right to resell the goods according to § 9. (Retention of title).
5. If the buyer is in default, without prejudice to other rights of BUNKER158 expires the right to resell the goods according to § 9. (Retention of title).
7. In case of order cancellations we reserve up to 10% of the purchase price as a handling fee (The exact amount is stated in the pre-order). Likewise, we reserve the right to cancel further orders from the buyer on our part. Should we cancel an order, all payments made will be reimbursed. If further down payments have been made, BUNKER158 will refund the difference immediately. A processing fee is not charged if a consumer properly exercises his statutory right of withdrawal in accordance with § 355 BGB (in addition to the cancellation policy in accordance with § 8 of these Terms and Conditions).

.§ 7 Warranty
1. The goods are delivered in the condition and quality as is usual with BUNKER158 at the time of delivery to the buyer. The buyer must inspect the goods immediately. The shipment is deemed to be accepted if the buyer does not immediately announce or assert any defects. If a notification of defects within the meaning of these terms and conditions is justified, then BUNKER158 will remedy them as far as possible by substitute delivery, repair or credit. If the defect removal fails, the buyer can demand the reduction of the purchase price (reduction). Further warranty claims and claims for damages, in particular the reduction even before replacement delivery and conversion are excluded by the buyer.
2. The warranty does not apply if the buyer does not comply with the request of BUNKER158 to return the rejected delivery immediately. The warranty is also void if the goods have been damaged by improper storage or treatment by the buyer or by third parties.
3. Excluded from the guarantee are picture and sound carriers, books, computer games, provided they are not press or material defects or faulty data carriers. Cover of LP's, CD's, DVD's belong to the packaging and are therefore not reclaimable. Used articles or worn / washed textiles are also of the Warranty excluded.
Gewährleistung ausgeschlossen.
4. BUNKER158 is entitled to fulfill the warranty by assigning its own warranty claims against manufacturers, suppliers and authors. In this case, the buyer is obliged to initially hold out of court to the third party.
5. We reserve the right to change prices insofar as these do not concern goods delivered within four months of the conclusion of the contract, unless the change results in a price reduction.

§ 8 Right of revocation.§ 8 Wiederrufsrecht.
1. The right of revocation is created in a separate area to simplify the clarity of the Terms. For this extra link Hierzu extra ein Link

.§ 9 Retention of title.
1. The goods remain the property of BUNKER158 until full payment

 

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can download at https://ec.europa.eu/consumers/odr find. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

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