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Conditions

General Terms and Conditions with Customer Information

1. Scope
2. Contract Conclusion
3. Right of Withdrawal
4. Fees and Payment Conditions
5. Delivery and Shipping Conditions
6. Contract Duration and Contract Termination for Subscription Contracts
7. Title Retention
8. Warranty and Defect Liabilities
9. Promotional Voucher Redemptions
10. Gift Voucher Redemptions
11. Applicable Law
12. Alternative Dispute Resolution


1. Scope
1.1 These general terms and conditions (hereinafter "GTC") from Bosque GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") purchases or acquires with regard to goods displayed by the seller in the online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These GTC shall apply to contracts for the delivery of vouchers, unless expressly provided otherwise.
1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly stipulated. In this context, these GTC only regulate the sale of tickets for certain events described in more detail in the Seller's item description and not the performance of these events. The execution of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organizer and, if applicable, by any terms and conditions of the organizer that deviate from these. If the seller is not at the same time also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.5 The subject matter of the contract may be - depending on the Seller's product description - both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "Subscription Contract"). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.


2. Contract Conclusion
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days.


- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or


- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or


- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.


2.4 If the payment method "PayPal Express" is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order together with these GTC. In addition, the text of the contract will be archived on the Seller's website and can be accessed by the Customer free of charge via its password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting its order.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), unless otherwise agreed, a right of revocation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision. Accordingly, a right of revocation is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.


4. Fees and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.4 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5. Delivery and Shipping Conditions
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply.
5.3 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.4 Vouchers shall be provided to the Customer as follows:
– by E-Mail
5.5 Tickets shall be provided to the Customer as follows:
– by E-Mail
6. Contract Duration and Contract Termination for Subscription Contracts


6.1 Subscription contracts are concluded for a limited period of time, for the contract term indicated in the respective product description in the Seller's online store, and shall end automatically upon expiration of the contract term.
6.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Notices of termination shall be made in writing or in text form (e.g. by e-mail).


7. Title Retention
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.


8. Warranty and Defect Liabilities
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply.
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
8.3 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.


9. Promotional Voucher Redemptions
9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.8 The credit balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.
9.9 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.10 Der Aktionsgutschein ist nur für die Verwendung durch die auf ihm benannte Person bestimmt. Eine Übertragung des Aktionsgutscheins auf Dritte ist ausgeschlossen. Der Verkäufer ist berechtigt, jedoch nicht verpflichtet, die materielle Anspruchsberechtigung des jeweiligen Gutscheininhabers zu prüfen.


10. Gift Voucher Redemptions
10.1 Vouchers that can be purchased via the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Voucher.
10.2 Gift certificates and remaining balances of gift certificates are redeemable until the end of the third year after the year of the purchase of the gift certificate. Remaining credits will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Several gift vouchers can also be redeemed for one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8 The Gift Certificate is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

11. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12) Alternative Streitbeilegung
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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