GENERAL TERMS AND CONDITIONS OF BUSINESS
OPERATOR OF THE www. borealisshop.COM ONLINE STORES AND SCOPE OF TERMS AND CONDITIONS
1- This online shop is operated by Premiere Textil GmbH, Gewerbering Süd 2, 97359 Schwarzach, Germany (e-mail: firstname.lastname@example.org, (hereinafter referred to as "Premiere Textil GmbH").
2- The sale of goods by Premiere Textil GmbH via this online shop is exclusively governed by these general terms and conditions. Other terms and conditions only apply if Premier Textil GmbH has expressly agreed to them in advance
3- The contract language is German
4- All purchases through this online shop are limited to normal household quantities of the respective items.
5- Premiere Textil GmbH sells the goods exclusively to consumers living in Germany.
6- A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely be attributed neither to their commercial nor their self-employed professional activity.
2 Conclusion of the contract
All customers who visit this online shop can select individual items offered in the online shop and place them in the electronic shopping cart by clicking on the "Add to shopping cart" button.
Customers can change or revise their selection in the shopping cart and all information provided before ordering at any time.
After a customer has made a final selection, entered all information necessary for the performance of the contract and confirmed that he has read these terms and conditions and clicked on the "BUY NOW" button, the customer has a binding offer to contract in relation to the items in the shopping cart contained articles delivered.
Immediately after sending the order, the consumer will receive a confirmation of receipt of the order. This confirmation e-mail does not yet represent a confirmation of the conclusion of the contract, it only contains all the necessary information regarding the order.
Premiere Textil GmbH is not obliged to conclude a contract based on a customer's order. Premiere Textil GmbH reserves the right to refuse an order, e.g. if an ordered item is no longer available at the time the order was placed. Premiere Textil GmbH also does not accept orders from persons under the age of 18.
Premiere Textil GmbH confirms the conclusion of the contract with a separate email to the customer within one working day after confirmation of receipt of the order. This e-mail will in turn contain all necessary information regarding the order as well as Premiere Textil GmbH's general terms and conditions.
The contract documents are not stored by Premiere Textil GmbH for the customer and are no longer available to them in the online shop after the contract has been concluded. However, after the conclusion of the contract, the customer has the option of calling up and saving the contract provisions, including these General Terms and Conditions.
3 Availability of and Delivery Time for Goods
If one or more of the items ordered are no longer available at the time the order is placed, Premiere Tekstil GmbH will inform the customer and communicate with him via email about further steps.
The delivery time is six to ten working days after the conclusion of the contract.
All prices for the items shown in the online shop are given in EURO and include the applicable VAT.
In addition, Premiere Textil GmbH charges a shipping fee of EUR 4.05 for each shipment.
The price is to be paid in euros.
5 Terms of Payment
Customers can choose between the following payment methods:
- Payment by credit card (Visa, MasterCard, Amex)
- Payment with Google Pay
- Payment with Apple Pay
- Payment with Shopify Pay
- Payment with Klarna
- Payment with PayPal: Your bank or credit card details are recorded by PayPal when you register.
All payments are to be made in EURO.
Premiere Textil GmbH hereby informs the customer that the customer's contracts with banks or other institutions may result in additional costs for electronic transfers, account management, etc.
A customer defaults 30 days after the invoice due date. In the event of default, Premiere Textil GmbH will charge the customer a flat fee of EUR 2.00 for each payment reminder. Further claims by Premiere Textil GmbH, in particular claims for statutory interest on arrears and damages, remain unaffected.
6 Returning the Products
You can return items that are not damaged, soiled, washed, altered or worn (other than to try on) free of charge via the website www.borealisshop.com within 30 working days from the delivery date of your order. Please return the product in the same package that you received by following the instructions in the "Returns and Refunds Policies" section of this website. We will promptly return all payments received from you, excluding shipping costs, within the time period specified in the Returns and Refunds Policy. Your statutory right of withdrawal according to § 13 remains unaffected. If the item you have received is faulty we will inspect the item and if we find it faulty we will issue a full refund including postage. The refund will be made using the same method of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.
7 Retention of Title
Premiere Textil GmbH retains full title and ownership rights to all items supplied by Premiere Textil GmbH until paid for in full.
The statutory warranty provisions for defects apply.
All information provided by Premiere Textil GmbH on the items in its online shop merely represent a product description and are not to be understood as a guarantee.
Premiere Textil GmbH is fully liable for intent and gross negligence and for injury to life, limb or health.
Premiere Textil GmbH is only liable for simple negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on compliance with which the consumer can rely. In these cases, Premiere Textil GmbH's liability is limited to direct, contractually typical and foreseeable damage, whereby Premiere Textil GmbH shall not be liable for data loss, data network failures, production and use failures, loss of sales, profits, savings and/or Financial losses due to third-party claims are liable.
The liability limitations or exclusions according to § 9.2 do not apply in the case of statutory no-fault liability (e.g. under the Product Liability Act) and/or liability from a no-fault guarantee.
10 Copyright and Trademarks
The online shop operated by Premiere Textil GmbH and all of its content (in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations, etc.), any software and all brands and/or designs are protected by intellectual Property rights, in particular copyrights, name and image rights, trademark rights and/or design rights (registered or unregistered) are protected against unauthorized use. Any use that goes beyond the search and purchase of goods requires the prior written approval of Premiere Textil GmbH or, if we are not the owner of the relevant rights, by the rights holder.
11 Governing Law
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 (CISG).
Notwithstanding § 11.1, the law of the state in which you have your habitual residence remains applicable, insofar as the choice of German law would result in you being deprived of the protection granted by provisions of which under the law of the state , in which you have your habitual residence, cannot be deviated from by mutual agreement.
12 Consumer Complaints
Premiere Textil GmbH is not willing or obliged to participate in a dispute settlement procedure before an arbitration board for consumer disputes under the Consumer Dispute Settlement Act (VSGB). The platform of the EU Commission for online conflict resolution can be found at: www.ec.europa.eu/consumers/odr/. You can contact Premiere Textil GmbH by email at email@example.com.
13 Right of Withdrawal
Instructions for withdrawing/revocation: Right of withdrawal You can withdraw from this contract within 14 days without giving a reason. The cancellation period expires after 14 days from the day on which you or a third party specified by you who is not the carrier acquires physical possession of the goods. In order to exercise the right of cancellation it is necessary that you inform us (Premiere Tekstil GmbH, Gewerbering Süd 2,97359 Schwarzach, Germany (E-Mail:firstname.lastname@example.org) Communicate your decision to withdraw from this contract by means of a clear statement (e.g. by letter, fax or e-mail).You can use the attached withdrawal form, However, this is not obligatory.In order to comply with the withdrawal period, it is sufficient for you to send your correspondence regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal In the event that you withdraw from this contract, we will promptly, but no later than 14 days from the day on which we are informed of your decision to withdraw from this contract, reimburse you for all payments received from you, including the Delivery costs (excluding the additional costs resulting from your choice of a different mode of delivery than the cheapest standard delivery method offered by us). We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a refund.
We may withhold a refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return the goods to us or hand them over to us immediately, but no later than 14 days from the day on which you notify Premiere Textil GmbH, Gewerbering Süd 2, 97359 Schwarzach, Germany, that you are withdrawing from this contract. The deadline is met if you return the goods before the period of 14 days has expired.
We bear the cost of returning the goods.
You are only liable for the depreciation of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
Sample withdrawal form
Complete and return this form if you wish to withdraw from the contract:
To Premiere Textil GmbH, Gewerbeing Süd 2, 45899 Gelsenkirchen, Germany, (E-Mail: email@example.com,)
I/We (*) hereby announce that I/we (*) hereby withdraw from my/our (*) purchase agreement for the following goods I/We (*) hereby announce that I /we (*) withdraw from my/our (*) contract of sale for the provision of the following service(s):*
Ordered on *
/ received at*
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)(only if this form is sent on paper)
*Please cross out where inapplicable.