GTC
§ 1 – Provider, Inclusion of the General Terms and Conditions
(1) The provider and contractual partner of the online shop is: Bermuda Brands GmbH, Hennigfeldstr. 7, 44795 Bochum (hereinafter referred to as the "Provider").
(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Opposing terms and conditions of the customer are hereby contradicted.
§ 2 – Product Offer and Conclusion of Contract
(1) The provider offers the items displayed in the online shop for purchase. The color representation of the items on the website may vary slightly depending on the internet browser used and the monitor settings of the customer; these deviations are technically unavoidable.
(2) Product selection, conclusion of contract, and contract processing are conducted in German.
(3) The provider delivers within Germany as well as to France, Austria, and Switzerland.
(4) The customer selects the desired goods by placing them in the "shopping cart" or by clicking the "Go to checkout" button. The customer's order request can be finally submitted to the provider via the "order with obligation to pay" button. The customer can view and change the data provided during the order process at any time before sending their order request or cancel the order entirely.
(5) For the goods displayed in the provider's shop, the provider makes a binding purchase offer. By submitting the order request via the "order with obligation to pay" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by email (contract confirmation).
(6) In case of delivery obstacles or other circumstances preventing the fulfillment of the contract, the provider will inform the customer by email. Partial delivery will only take place with the customer's consent.
§ 3 – Prices and Payment
(1) All product prices are final prices plus shipping costs. The fees include 19% VAT.
(2) The shipping costs are listed in the respective product description under "Payment & Shipping".
(3) For deliveries to Switzerland, customs and import sales tax may apply, which must be paid by the customer to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and shipping costs and are not controllable by the provider.
(4) Payment is made via PayPal or prepayment.
Prepayment: Payment is made by the customer via bank transfer. After the full payment has been received, the order will be shipped.
Paypal: Payment is made via the online provider PayPal. The customer must generally be registered there or first register, legitimize with their access data, and confirm the payment order to the provider. Further information can be found during the order process.
§ 4 – Shipping, Delivery Times
(1) The provider hands over the goods to be delivered to the shipping company within two working days of receiving the full payment.
(2) If delivery to the customer fails because the customer has provided the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer bears the costs for the new shipment. The new shipping costs correspond to the shipping costs agreed upon at the conclusion of the contract. The provider will notify the customer of the necessary costs for a new delivery by email. A new shipment will only be made after payment of these costs.
§ 5 – Return of Goods as a Consumer
(1) Customers who shop as consumers (§ 13 BGB) have a right of withdrawal in accordance with the legal requirements (§§ 312d, 355 BGB). Details can be found in the withdrawal instructions.
(2) The provider grants consumers with permanent residence outside Germany a 14-day withdrawal period even if the national law of the consumer provides for a shorter period.
(3) The provider allows consumers with permanent residence outside Germany to submit their withdrawal declaration in text form even if the national law of the consumer requires a stricter form. If the national law of the consumer provides for a simpler form than the text form (e.g., oral declaration), the withdrawal declaration is also effective in the simpler form. The exercise of the right of withdrawal is also possible for all consumers by returning the goods in due time.
(4) For consumers with permanent residence in Switzerland, paragraphs 1 to 3 and the conditions and legal consequences of the German consumer withdrawal right also apply if Swiss law does not provide for a withdrawal.
§ 6 – Warranty
The customer's warranty rights are based on the statutory provisions.
§ 7 – Trade Shows, Markets, and Festivals
Our right of withdrawal expires for trade shows, markets, and festivals as we have a clear sales stand on site. Therefore, purchases of our products cannot be withdrawn if they are not satisfactory.
§ 8 – Final Provisions
(1) The provider collects and processes the data entered by the customer during their purchase for the purpose of contract processing and fulfillment. If the customer uses PayPal for payment, the PayPal privacy policy applies to the payment process.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, German law does not apply to consumers with permanent residence abroad, insofar as the national law of the consumer contains provisions that cannot be deviated from by contract to the detriment of the consumer.
(3) The place of fulfillment is Bochum. If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if they have no general jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship, including bill of exchange and check claims, is Bochum.
(4) If individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this does not affect the validity of the remaining provisions.