Terms of service
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Leon Hartmann, LAJ Studio) via the website https://bellamire.de/. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we already submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button “Checkout” or “Continue to order” (or similar wording) and entering your personal details as well as the payment and shipping conditions, the order details will finally be displayed to you as an order overview.
If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order details will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order overview again, change it (also via the “back” function of your internet browser) or cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with obligation to pay”, “pay” / “pay now” or similar wording), you legally declare acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract shall take place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.
§ 3 Special agreements regarding offered payment methods
(1) Payment via SOFORT / Sofortüberweisung
If you select the payment method Sofort / Sofortüberweisung, payment processing is carried out via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The use of SOFORT requires that you have an online banking account enabled for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/.
(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
Invoice (“Pay Later”): Klarna’s invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment period can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks in the context of initiating the purchase and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit assessment.
Further information about Klarna and Klarna’s terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(3) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment terms apply, you will be informed separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via “Mollie”
If you select a payment method offered via “Mollie”, payment processing is carried out via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods via “Mollie” are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, “Mollie” may use other payment services; if special payment terms apply, you will be informed separately. Further information about “Mollie” can be found at https://www.mollie.com/de.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept this assignment. You remain authorized to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own statements and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not any other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by remedying the defect or delivering a replacement. If the remedy fails, you may, at your discretion, demand a reduction of the purchase price or withdraw from the contract. Remedying the defect shall be deemed to have failed after the second unsuccessful attempt, unless something else results in particular from the nature of the goods, the defect or other circumstances. In the event of repair, we shall not be obliged to bear the increased costs arising from transporting the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages attributable to us caused by culpable injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer information
1. Identity of the seller
Leon Hartmann
LAJ Studio
Elßholzstraße 15
10781 Berlin
Germany
Phone: +49 155 10575691
Email: info@bellamire.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. Any shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not named by the trader or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory liability for defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These GTC and customer information were prepared by the lawyers of Händlerbund who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and shall be liable in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2023
