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Boxer Shorts - Bloomboxer GmbH, Munich, Germany

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Our boxer shorts are individually tailored and manufactured for you to match the measurements you provide. Therefore, please understand that, pursuant to § 312d (4)(1) BGB [German Civil Code], there is no right to cancellation for goods that have been produced according to customer specifications.

We require up to 8 weeks to produce your personalized order and send it to you. We appreciate your patience and assure you that it is well worth the wait.

The quality of our product and your satisfaction are our top priority. Should you have a complaint, we will always strive to find a solution to your benefit.

We appreciate your understanding that we conclude contracts exclusively under the following General Terms and Conditions (GTC).

 

General Terms and Conditions

 

1.         General

These General Terms and Conditions represent the exclusive foundation for all legal relationships between Bloomboxer GmbH, Holbeinstr. 14, 81679 Munich, Germany, registered in the Munich District Court’s Commercial Registry under HRB No.: 201212 (hereinafter: “Provider”) and its customers via Provider’s online shop.

Unless otherwise stipulated, these General Terms and Conditions apply equally to consumers as defined in § 13 BGB (“Consumers”) and entrepreneurs as defined in § 14 BGB (“Entrepreneurs”) as laid out in the version applicable at the time the contract is concluded. They are available for saving and downloading free of charge on Provider’s website. The contract language is German. The German version of the General Terms and Conditions will always be the prevalent version.

 

2.         Description of Services

The specifications described in Provider’s offer (online shop) define the product’s properties conclusively; include the product’s exclusive, contractual properties; and do not represent a guarantee for the product’s properties, nor any other type of legal guarantee.

The products offered in the online shop are presented on the Internet site in a clear manner that very closely corresponds to reality. However, Provider is unable to guarantee that the images and colors customers see on their display match the colors seen in reality due to, among other circumstances, varying monitor, graphics, and/or printer settings.

 

3.         Contract Conclusion

The appearance of products in the online shop does not imply a binding offer from Provider. Rather, it is an invitation for customers to make a binding offer to Provider.

Every customer order represents a binding offer for concluding a contract for the products being ordered. By clicking on the corresponding button for finalizing an order in the online shop, a customer is submitting an offer to acquire the products in the electronic cart. In doing so, the customer is also recognizing these Terms and Conditions as the sole terms and conditions for the legal relationship with Provider.

Provider will confirm receipt of customer’s order in a text form (e.g., fax or email). This confirmation of receipt does not represent binding acceptance of the order.

The contract will not become effective until Provider sends the customer an explicit declaration of acceptance or sends the ordered products to the customer.

 

4.         Prices and Payment Terms

All prices indicted in Provider’s online shop include legally applicable sales taxes. Additional costs incurred for shipping will be clearly indicated to the customer on the website and can be called up using the “shipping costs” link.

The current prices at the time the order is placed will apply. Provider reserves the right to change the prices indicated in the online shop prior to contract conclusion. If this is the case, then Provider’s declaration of acceptance will represent an amended offer for contract conclusion such that the contract will only be concluded with specific acceptance from the customer.

The purchase price must be paid in full with any deductions for transaction costs upon receiving the declaration of acceptance. In the event the purchase price is not paid, the customer will automatically fall into arrears two weeks after the payment date.

The purchase price can be paid via one of the payment methods indicated in the online shop, as selected by the customer.

 

5          Delivery, Risk Transfer, Retention of Ownership

Products are shipped to the delivery address indicated by the customer. The products are produced according to the dimensions indicated by customer upon placing the order. Bloomboxer requires up to 8 weeks to produce the products and send them to the customer.

Provider will inform the customer without undue delay if, despite prior conclusion of a respective purchase contract with Provider, the ordered products cannot be produced or delivered on time, or if they cannot be produced or delivered at all. In the event of a delivery delay, the customer will have the option to wait for the ordered products or to withdraw from the contract; in the event delivery is impossible, both parties will have the right to withdraw from the contract. In the event of a withdrawal, the customer will be reimbursed for any counter-performance that has already been provided.

Force majeure events will establish grounds for Provider to withdraw from the contract; or to delay fulfillment of Provider’s obligations throughout the duration of the hindrance plus a reasonable start-up period; or to engage other production companies to cover orders and deliver those products to the buyer, unless the latter is unreasonable to expect of the buyer.

Provider has the right to make partial deliveries to the extent it is reasonable to expect of the customer. No additional shipping costs will be incurred if Provider is responsible for partial shipments being performed. Additional shipping costs will only be charged if the partial delivery is made at the explicit request of the customer. 

 If the customer is a Consumer, then the products will be delivered at Provider’s risk. If the customer is an Entrepreneur, then the provisions pursuant to § 447 BGB regarding sale by delivery to a location other than the place of performance will apply.

Provider will retain ownership of products until the purchase price has been paid in full.

 

6.         Liability Limitation in Delayed Delivery

Provider will be liable as laid out in German legal provisions for delays in delivery due to intent or wanton negligence committed by Provider, by a representative, or by a vicarious agent. In all other cases of delay in delivery, Provider’s liability for damage compensation will be limited to 5% of the delivery’s value if the delivery is performed, and to 15% of the delivery’s value if the delivery is not performed. In the event of culpable breach of significant contract obligations (obligations whose fulfillment is requisite to attaining the contract objective, e.g. Provider must deliver the item to the customer free of material and legal defects, and must transfer ownership to the customer), liability will be limited to damages that are typically foreseeable in a contract. The buyer will not have the right to make any further claims – even after any potential deadline has passed that was set for Provider to perform service. Liability will be limited to the damages that are typically foreseeable in a contract if the customer is an Entrepreneur, even in cases of wanton negligence. The above limitations will not apply to liability for injury to life, body, or health.

 

7.         Liability Limitation When Delivery is Impossible

If delivery is impossible, Provider will be liable as laid out in German legal provisions in cases of intent or wanton negligence committed by Provider, a representative, or a vicarious agent. However, if the buyer is an Entrepreneur, then Provider’s liability in cases of wanton neglect will be limited to the typically foreseeable damages in a contract if none of the exceptional cases indicated in Line 5 of this provision apply. Otherwise, Provider’s liability due to impossible delivery will be limited to 20% of the delivery value for damage compensation and reimbursement for wasted expenditure. The buyer will have no further rights to damage compensation due to impossible delivery. This restriction will not apply in cases of intent, wanton negligence, or due to injury to life, body, or health. This does not affect the buyer’s right to withdraw from the contract.

 

8.         Buyer’s Obligation to Claim Defects

Entrepreneurs must claim defects without delay as laid out in German legal provisions (§ 377 HGB [German Commercial Code])

 

9.         Customer Rights in the Event of Defects

In the event of a defect, the customer’s right to supplementary service, withdrawal from the contract, or purchase price reduction will be subject to German legal provisions unless otherwise indicated in these GTC.

 

10.       Absence of Warranty Rights

There are no material warranty rights if the defect is based on a change to the product made by the customer, especially in cases of non-compliance with washing and handling instructions. Please refer to Provider’s washing and handling requirements, which are indicated on the product’s tabs. Provider will not be responsible for any potential damage resulting from handling the products in a manner that is incorrect or in non-compliance with specifications.

 

11.       Expiration of Claims Toward Entrepreneurs

The expiration deadline for claims and rights from defects in a delivery – regardless of the legal grounds – is one year. However, this does not apply in the respective cases laid out in § 479 (1) BGB (entrepreneur right of recourse). The right indicated in Line 2 above is subject to an expiration deadline of two years.

The expiration deadlines pursuant to Paragraph 1 above also apply for all damage compensation claims against Provider, regardless of the claim’s legal grounds and whether they are in connection with the defect.

The expiration deadlines pursuant to Paragraphs 1 and 2 apply with the following condition:

The expiration deadlines generally do not apply in cases of intent.

The expiration deadlines will also not apply if Provider fraudulently kept the defect secret. If Provider has fraudulently kept a defect secret, then the deadlines named in Paragraph 1 above will be replaced by the deadlines laid out in German legal provisions that would have applied without fraud (§ 438 (1)(3) BGB), excluding the deadline extension in cases of fraud pursuant to § 438 (3) BGB.

Furthermore, those deadlines do not apply for damage compensation claims in cases of injury to life, body, health, or liberty; for claims pursuant to the German Product Liability Act; or for cases of wanton negligence or breach of significant contract obligations (obligations whose fulfillment is requisite to attaining the contract objective, e.g. Provider must deliver the item to the customer free of material and legal defects, and must transfer ownership to the customer).

The expiration deadline for all claims begins upon delivery of the product.

Unless otherwise expressly stipulated, the German legal provisions regarding an expiration deadline’s commencement, suspension, inhibition, and recommencement remain unaffected.

 

12.       Expiration of Claims Toward Consumers

The expiration deadline for claims and rights from defects in a delivery – regardless of the legal grounds – is two years. For damage compensation claims due to defects – regardless of the legal grounds – the expiration deadline is one year for new items.

The expiration deadlines pursuant to Paragraph 1 above also apply for all damage compensation claims against Provider, regardless of the claim’s legal grounds. They also apply if the claims are not in connection with a defect.

The expiration deadlines pursuant to Paragraphs 1 and 2 apply with the following condition:

The expiration deadlines generally do not apply in cases of intent.

The expiration deadlines will also not apply if Provider fraudulently kept the defect secret. If Provider has fraudulently kept a defect secret, then the deadlines named in Paragraph 1 above will be replaced by the deadlines in German legal provisions that would have applied without fraud (§ 438 (1)(3) BGB), excluding the deadline extension in cases of fraud pursuant to § 438 (3) BGB.

Furthermore, the deadlines do not apply for damage compensation claims in cases of injury to life, body, health, or liberty; for claims pursuant to the German Product Liability Act; or for cases of wanton negligence or breach of significant contract obligations (obligations whose fulfillment is requisite to attaining the contract objective, e.g. Provider must deliver the item to the customer free of material and legal defects, and must transfer ownership to the customer).

The expiration deadline for all claims begins upon delivery of the product.

Unless otherwise expressly stipulated, the German legal provisions regarding an expiration deadline’s commencement, suspension, inhibition, and recommencement remain unaffected.

 

13.       Liability

In cases of intent or wanton negligence committed by Provider, by a representative, or by a vicarious agent, Provider’s liability will be as laid out in German legal provisions. Furthermore, Provider will assume liability only to the extent laid out in the German Product Liability Act due to injury to life, body, or health; due to culpable breach of significant contract obligations (obligations whose fulfillment is requisite to attaining the contract objective, e.g. Provider must deliver the item to the customer free of material and legal defects, and must transfer ownership to the customer); or to the extent Provider fraudulently kept the defect a secret or has assumed a warranty for the delivery object’s properties.

However, damage compensation for breach of significant contract obligations will be restricted to the typically foreseeable damages in a contract.

Liability for damages to a customer’s legal assets caused by the delivery object, such as damage to other items, is entirely excluded. The provisions in Lines 3 and 4 in this Section 13 will not apply in cases of intent or wanton negligence; or in cases of liability due to injury to life, body, or health; or if Provider fraudulently kept the defect a secret; or if Provider has assumed a warranty for the delivery object’s properties.

Furthermore, Provider is not liable for the functionality of data networks, servers, or data lines at Provider’s data processing center, nor for uninterrupted availability of Provider’s online shop.

If the buyer is an Entrepreneur, then Provider’s liability is limited to the typically foreseeable damages in a contract in cases of wanton negligence as well, provided none of the exceptional cases laid out in (13)(2) above apply.

 

14.       Offsetting, Retention of Payment

The buyer will only have the right to offset costs if buyer’s counterclaims are legally established, ready for adoption, undisputed, or recognized by Provider. The buyer has the right to retain payment only to the extent that the buyer’s counterclaim is based on the same contractual relationship, is legally established, ready for adoption, undisputed, or recognized by Provider.

 

15.       Data Privacy

Provider takes data privacy seriously. The individual details on data privacy can be found in the data privacy provisions indicated in the online shop.

 

16.       Absence of Right to Cancel

Products are produced based on the dimensions indicated by customer upon placing the order. Therefore, please be absolutely sure to read Provider’s measurement instructions in the online shop.

Provider’s products are tailored to individual specifications. Under § 312d (4)(1) BGB, there is no right to cancel orders for products that are produced to match customer specifications.

  

17.       German Textile Labeling Act

Provider’s boxer shorts are made of 100% cotton. The boxer shorts contain non-textile particles of animal origin, namely buttons made from Makassar shell nacre (mother of pearl).

 

18.       Place of Performance, Jurisdiction, Applicable Law, Severability

The place of performance is Munich.

If the buyer is a Business, then all disputes directly and indirectly resulting from the contractual relationship will be under the jurisdiction of the Munich Regional Court. For international transactions, the seller will have the right to file any potential suits with the court having jurisdiction over the buyer’s business domicile as well.

German law will be applicable in all cases, with the exception of countries in which German law cannot be applied due to foreign laws. In those cases, the applicable laws of the corresponding country will apply. The UN CISG and the Hague Sales Convention will not apply.

Should one of these provisions or a provision within the scope of other agreements be or become wholly or partially invalid, then only that section will be invalid. German legal provisions will apply to that extent. The invalidity of individual provisions will not affect the validity of other provisions.

Consumer Information Regarding the Conclusion of Distance Sales Contracts
(as of 13.06.2014)

The following information on the conclusion of distance sales contracts and further information on electronic transactions applies only for consumers and does not represent contract terms and conditions. The contract terms and conditions are exclusively defined in the General Terms and Conditions. The customer will receive this consumer information and the General Terms and Conditions no later than along with confirmation of order receipt. However, every customer can print, download, or save this information at any time from Provider’s website.

 

1.         Provider’s identity and identifiable address

Bloomboxer GmbH

Holbeinstr.14

81679 Munich

Germany

CEO: Alexander Friedrich M.Sc.

Munich District Court Commercial Registry, HRB No.: 201212

Fax: +49 89 41619477

Phone: +49 89 41619466

E-Mail: office @ bloomboxer.de

Sales tax ID: DE285620844

 

2.         Language

The contract language is German. The German version of the GTC will be the prevailing version.

 

3.         Contract Conclusion

The appearance of products in the online shop does not imply a binding offer from Provider. Rather, it is an invitation for customers to make a binding offer to Provider by placing an order.

Prior to placing an order, the customer can register and set up a user account for entering the data needed for processing the order.

By clicking on the corresponding button, customers can move products into the “cart,” thereby selecting individual products for placing an order at a later time. By clicking on the corresponding button for finalizing an order, the customer is placing a binding order of the products in the cart. Provider’s GTC have to be expressly accepted as an integral contract component by clicking on the respective button.

Provider will confirm receipt of the customer’s order immediately via fax or e-mail. This automated confirmation of receipt does not represent a binding acceptance of the order, but rather merely informs the customer that Provider has received the order. The GTC and this consumer information are attached to the confirmation of receipt. The purchase contract comes into effect when the customer places the order and Provider expressly declares acceptance of the order or sends the products.

 

4.         Adjusting Information Entered Incorrectly

Prior to submitting the order, the customer has an opportunity to check for information that may have been entered incorrectly in a summary overview of the contract information and to correct it using editing functions.

 

5.         Saving and Accessing the Contract Text

The customer can save the contract text, i.e. all contract data, upon placing the order by selecting the “file” menu in the browser and then clicking on the “save as” item. The contract text can be printed by clicking on the “file” menu in the browser and then the “print” item.

The customer can print the GTC and this consumer information, or save them in a “reproducible form” by clicking on the link on Provider’s website for the General Terms and Conditions (e.g. “GTC”) and then pressing the button “print page” or “save.”

Provider maintains a copy of the contract text. It can be sent to the customer at any time upon request via e-mail free of charge.

 

6.         Significant Product Properties

The significant properties in the products offered as well as the expiration date for special offers can be found in the corresponding product descriptions in the online shop.

 

7.         Note

Provider will inform the customer without undue delay if, despite prior conclusion of a respective purchase contract with Provider, the ordered products cannot be delivered on time, or if they cannot be delivered at all. The customer will have the option to wait for the ordered products or to withdraw from the contract. In the event delivery is impossible, both parties will have the right to withdraw from the contract. In the event of a withdrawal, the customer will be reimbursed without undue delay for any payments that have already been made.

 

8.         Product Price

The current prices at the time the order is made will apply. Provider reserves the right to change the prices indicated in the online shop prior to contract conclusion. If this is the case, then Provider’s declaration of acceptance will represent an amended offer for contract conclusion such that the contract will only be concluded with specific acceptance from the customer. All prices indicated are gross figures and include sales tax. The purchase price is due without the deduction of transaction fees and without delay after receiving the declaration of acceptance.

 

9.         Costs for Payment Transaction and Shipping

Any potential additional costs for payment transactions (e.g. credit cards) will be indicated when selecting the products in the cart.

The purchase price can be paid via one of the payment methods indicated in the online shop, as selected by the customer.

The additional costs incurred for shipping will be clearly indicated to the customer on the order page and can be called up via the “shipping” link at the home page.

 

10.       Absence of Right to Cancel

Products are produced to match the dimensions indicated by customer upon making the order. Therefore, please be absolutely sure to read Provider’s measurement instructions in the online shop.

Provider’s products are tailored to individual specifications. Under § 312d (4)(1) Bürgerliches Gesetzbuch - BGB, the right to cancel orders is not applicable for products that are produced to match customer specifications.

 

11.       Warranty Terms and Conditions

Please refer to the GTC for information regarding warranty terms and conditions.

 

12.       Online Dispute Resolution

In accordance with directive 2013/11/EU, the European Commission provides a platform for online dispute resolution (OS). The link to this platform is http://ec.europa.eu/consumers/odr/.

 


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