Terms & Conditions
§ 1 Area of Application
(1) Only the following General Terms and Conditions of Business as amended at the time of the order apply to the business relationship between us, Bungalow GmbH & Co. KG, Stiftstrasse 1 A, 70173 Stuttgart and you as the customer (hereinafter also called the “Purchaser“) for orders of goods on our web-site (www.bungalow.store).
(2) We do not recognise the purchaser’s conflicting or divergent conditions unless we have expressly agreed in writing to their application.
§ 2 Contract Conclusion
(1) The only language available for the conclusion of the contract is German.
(2) The appearance of goods on www.bungalow-gallery.com does not constitute an offer on our part to conclude a purchase contract. Only your order for goods is an offer to us for the conclusion of a purchase contract. You make such a binding offer when you click on the send (Abschicken) button during the ordering process on the web-page https://en.bungalow.store/checkout/. After receiving your order we send you an email confirming receipt of your order; this email also lists the details of your order (order confirmation). This order confirmation does not represent an acceptance of your offer to conclude a purchase contract; it is issued for confirmation purposes only. The purchase contract only comes into being when we accept the offer to conclude a purchase contract. In so far as we accept your offer to conclude a purchase contract, our acceptance takes the following form: if you select the payment method “Payment in advance/Bank transfer”, your offer to conclude a purchase contract is accepted by a further email, the “pro forma invoice”. If you select the “Credit card“ or “PayPal“ payment option your offer to conclude a purchase contract is also accepted by a further email, the ”Confirmation of despatch“. No purchase contract is concluded for goods in one and the same order which are not listed in our statement of acceptance.
(3) We only wish to enter into contractual relationships with persons who have attained their majority.
§ 3 Availability of Goods, Cancellation of the Order
(1) If you order goods which are not marked as “available for immediate delivery“ you will be informed on the web-site and in the order confirmation about the likely date after which delivery is possible.
(2) In so far as we discover when processing your order that the goods you ordered are not/no longer available, you will be specially informed by email. No purchase contract for these goods comes into being in this case.
(3) You may cancel your order at any time without giving reasons up to the point in time when your offer to conclude a purchase contract is accepted by the transmission of the proforma invoice email or the confirmation of despatch email. To do this, you simply send us an email (to firstname.lastname@example.org) indicating the order number and the goods you wish to cancel. Alternatively you can also cancel the order by phone (phone number 00 49 711 220 2001). If you do so, you will incur phone charges.
§ 4 Right of Revocation, Information on your Right of Withdrawal
§ 5 Terms and Conditions of Supply
§ 6 Prices, Costs
§ 7 Terms of Payment
§ 8 Retention of Title
The goods we deliver remain our property until the purchase price has been paid in full.
§ 9 Liability
(1) We are liable in full for loss or damage in the case of intent and gross negligence.
(2) We are only liable for ordinary negligence in the event of loss or damage arising from loss of life, bodily injury and impairment of health or in the case of the breach of a material contractual obligation, the performance of which renders the proper performance of the contract possible, or the breach of which prejudices the achievement of the purpose of the contract and where compliance with such obligations is normally relied on by you (material contractual obligation). If material contractual obligations are infringed due to negligence, liability is limited to loss or damage which is foreseeable and typical under the contract.
(3) Statutory liability regardless of fault (e.g. under the German Product Liability Act [Produkthaftungsgesetz]) and a liability arising from any warranty promise remain unaffected.
(4) Our legal representatives, employees and vicarious agents have no liability beyond that of ourselves.
(5) At the present state of technology it is impossible to guarantee that the transmission of data over the Internet is completely free from errors and/or is available at all times. We are therefore liable neither for the permanent and uninterrupted availability of our on-line shop nor for technical and electronic faults which we cannot influence during the ordering process; we are, in particular, not liable for delays in processing or the acceptance of offers. In so far as links to other web-sites or sources are created, we are not responsible or liable for the availability of such external web-sites or sources. We accept no responsibility for the content of such web-sites or sources and exclude all liability and warranty in respect of these in so far as there is no positive information on the unlawfulness of the content in each specific case.
§ 10 Other general Terms and Conditions
(1) The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This also applies if you have ordered from a country other than Germany or if the delivery is made to a country other than Germany. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) If you are a businessman, the exclusive place of jurisdiction for disputes arising from or in connection with the business relationship is Stuttgart. The same place of jurisdiction applies if you do not have a general place of jurisdiction in Germany or if you move abroad after the conclusion of the contract or if your place of residence is not known at the time the action is brought.
(3) Should any provision of these terms and conditions be or become ineffective, the effectiveness of all other provisions or agreements will not be affected.