Terms of service

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I. General Terms and Conditions (AGB) 🇺🇸

1) Basic Provisions

(1) These terms and conditions apply to contracts you enter into with us as the provider (Jan-Luca Blohm) via the website www.bobbysdesigns.com. Unless otherwise agreed, any terms you may use will be excluded.

(2) A consumer, as defined by these terms, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is any natural or legal person or legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

2) Conclusion of the Contract

(1) The subject of the contract is the sale of goods, including digital content (data created and provided in digital form).
Our offers on the internet are non-binding and not an offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods you intend to purchase are placed in the "shopping cart". By clicking the relevant button in the navigation bar, you can view the "shopping cart" and make changes at any time. After clicking the "checkout" or "continue to order" button (or similar wording) and entering your personal details, as well as payment and shipping details, you will finally see an overview of your order.
Before submitting the order, you have the option to review and change the details in the order summary (including using the "back" button on your browser) or cancel the order. By clicking the button to submit the order ("place binding order", "buy", "confirm purchase", or similar wording), you submit a binding offer to us.

(3) The contract is only concluded when we expressly accept your offer. Acceptance may take place through:

• a separate order confirmation in text form (e.g. by email), or
• the delivery of the goods, or
• the commencement of performance in the case of digital content.

An automated acknowledgment of receipt after placing the order does not constitute acceptance of the offer.

(4) We reserve the right to reject orders without stating any reasons.

(5) Your requests for the preparation of an offer are non-binding.
We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done by email, partially automated. You must ensure that the email address you provided to us is valid and that the receipt of the emails is technically ensured, particularly that it is not blocked by spam filters.

3) Usage License for Digital Content

(1) The offered digital content is protected by copyright. You will receive a usage license for each digital content purchased from us, granted by the respective licensor. The type and scope of the usage license are specified in the respective offer.

4) Individually Customized Goods

(1) You will provide us with the required information, texts, or files for customizing the goods via the online ordering system or by email, no later than immediately after the conclusion of the contract. Any specifications regarding file formats must be followed.

(2) You agree not to transmit data that violates the rights of third parties (particularly copyrights, trademark rights, personal rights) or violates applicable laws. You explicitly indemnify us from any claims by third parties in this regard, including the costs of any necessary legal representation.

(3) We do not verify the content accuracy of the submitted data and therefore assume no liability for any errors.

5) Special Agreements Regarding Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made directly to Klarna:
Instant bank transfer ("Pay Now"). Further information on Klarna and Klarna’s terms of use for Germany can be found at:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered through "PayPal" / "PayPal Checkout", payment processing is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The specific payment options via PayPal will be displayed during the ordering process on our website. "PayPal" may use other payment services; if special payment conditions apply, you will be separately informed. Further information on PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

6) Right of Retention, Retention of Title

(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price is made.

(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship are fully settled. Pledging or transferring the goods as security is not permitted before the ownership is transferred.
b) You are permitted to resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In case of connection or mixing of the goods with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods to the other processed items at the time of processing.
d) We commit to release the security rights granted to us upon your request, to the extent that the realizable value of our security exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

7) Warranty

(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transportation damages, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed upon if you were informed of it before submitting the contract declaration, and the deviation was explicitly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following warranty regulations apply:
a) Only our own descriptions and the manufacturer’s product description are considered as agreed characteristics of the goods, not other advertisements or public statements by the manufacturer.
b) For defects, we will, at our discretion, remedy the issue by repair or replacement. If the defect cannot be remedied, you may request a reduction in price or withdraw from the contract. The remedy is considered failed after a second attempt, unless specific circumstances suggest otherwise.
c) The warranty period is one year from the delivery of the goods. This does not apply in the case of bodily injury or health damage, or in cases of willful or grossly negligent damage.

8) Choice of Law

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

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II. Customer Information

1. Identity of the Seller

Jan-Luca Blohm
c/o Impressumservice Dein-Impressum
Stettiner Straße 41
35410 Hungen
Germany
Email: ceo@bobbysdesigns.com

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the contract conclusion itself, and the correction options are governed by the "Conclusion of the Contract" provisions in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The language of the contract is German.
3.2. The complete contract text is not stored by us. Before submitting the order, the contract data can be printed or stored electronically using the browser’s print function. After the order is received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form (e.g., by email), which you can print or store electronically.

4. Essential Features of the Goods or Services

The essential features of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are separately displayed on our website or in the respective offer and must be borne by you unless free shipping is offered.
5.3. If the delivery is made outside the European Union, additional costs may arise that we cannot influence, such as customs duties, taxes, or money transfer fees (bank transfer or currency exchange fees), which are to be borne by you.
5.4. Money transfer costs are to be borne by you if the payment is made outside the European Union but the delivery is within an EU member state.
5.5. The available payment methods are listed on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, payment claims arising from the contract are immediately due upon conclusion of the contract.

6. Delivery Conditions, Availability

6.1. Delivery conditions, delivery dates, and any delivery restrictions, as well as the conditions for the provision of digital content, can be found on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental destruction or deterioration of the sold goods during shipping passes to you only upon delivery, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company or other person not designated by the seller. If you are an entrepreneur, the delivery and shipping are at your own risk.

7. Statutory Warranty Rights

Warranty liability is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These terms and customer information have been created by legal experts specializing in IT law and are regularly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 22.10.2024