General Terms and Conditions
(with consumer information)
§ 1 Scope of application, contractual partner
- These General Terms and Conditions (GTCs) apply to all contracts concluded between you, as a customer, and us, as the operator of the BOGNER Online Shop (www.bogner.com). As part of the ordering process, you acknowledge the GTCs in the version valid at the time of order placement.
- The operator of the Online Shop and your contractual partner is: Bogner Commerce GmbH, Neumarkter Str. 75, 81673 Munich, Germany, entered in the Munich Local Court Trade Register Excerpt 78160, represented by its Chief Executive Officer: Gerrit Schneider, VAT identification no.: GB 204973801, EORI: DE3017729.
- The Online Shop is exclusively aimed at customers who are consumers within the meaning of the statutory provisions (Section 13 BGB [German Civil Code]), i.e. natural persons who conclude a legal transaction for a purpose that cannot be attributed to commercial or independent professional activity. The Online Shop is not aimed at minors.
- Furthermore, we only deliver to consumers who have their habitual residence (cf. billing address) in one of the following countries and specify a delivery address in the same country as part of the order: Germany, Austria, Switzerland, the Netherlands, Belgium, Luxembourg, France, Italy (except San Marino, Campione d’Italia, Livigno and Vatican City) or Great Britain (except Channel Islands). Delivery address and billing address must always be in the same country. Unfortunately, we cannot offer you a delivery to the specified excepted regions.
- The GTCs regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version. You can access the GTCs relevant for your order, save it on your computer or device, and/or print it out via the corresponding link in our Online Shop and in the context of the e-mails sent to you.
§ 2 Conclusion of contract, product presentation
- The presentation of our product range in the BOGNER Online Shop merely constitutes a non-binding invitation to our customers to make an offer to purchase the products. It does not yet imply a binding sales offer. We would like to point out that the colour scheme of the products may differ from the presentation in the Online Shop.
- Your order is placed by placing the selected products in the shopping basket and sending the order by clicking the corresponding purchase button (e.g. “Place Order”). You can edit your product selection at any time and check your further information and adjust it if necessary before placing an order. By clicking on the corresponding purchase button, your order will be sent to us, and you accept these GTCs and make a binding offer to conclude a purchase contract with regard to the products in the BOGNER shopping cart – each individually with regard to each individual product (order).
- After receipt of the order, you will receive an email confirming receipt of your order with us listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. The purchase contract is only concluded by our declaration of acceptance. For this purpose, you will receive a separate e-mail, which simultaneously shows your invoice and confirms the shipment of the products you have purchased (confirmation of shipping). If your order includes several items, the contract is only concluded for those items that are expressly confirmed in our shipping confirmation. We reserve the right to refrain from concluding a contract. Reasons for rejecting your purchase offers may include the unavailability of goods or a lack of payment authorisation. The conclusion of the contract is regularly concluded in German, unless you have changed the corresponding default language. If you have selected a different language for your shopping experience, the contract will be concluded in this language. The text of the contract (consisting of order confirmation, general terms and conditions, and shipping confirmation) will be stored by us while maintaining data protection and sent to you by email.
- Your statutory right of withdrawal (see Section 7) remains unaffected by the above provisions.
- Order processing and contacting are usually done automatically by e-mail. You must therefore ensure that the email address you provided for order processing is correct, so that the emails we sent can be received at this address. In particular, when using spam filters, you must ensure that e-mails can be delivered correctly to you directly by us or by third parties commissioned by us to process your order.
§ 3 Delivery, delivery times, transfer of risk and shipping costs
- Unless otherwise agreed, delivery shall be made to the delivery address provided by you with the available delivery options and shipping costs specified under Shipping & Delivery in accordance with the statutory provisions. This applies in particular to the risk of loss or damage to the goods during transport to you. Self-pickup of the ordered products is not possible for logistical reasons.
- The shipping costs will be displayed to you immediately before placing your order in the Online Shop. We reserve the right to waive the flat-rate shipping fee.
- Delivery times specified by us are understood to begin with the conclusion of the contract and - with the exception of purchases on account - the full payment of the purchase price. If no or no different delivery time is specified for the respective goods in our Online Shop, the delivery times specified under Shipping & Delivery generally apply.
- Insofar as not all goods in an order can be delivered simultaneously, we are entitled to partial deliveries at our expense in accordance with the agreed delivery times or the delivery times specified in our order confirmation and within the limits reasonable for you.
- If no authorised recipient is found at the delivery address specified by you during the usual delivery times, the transport company employed by us leaves the order or sends you a notification with further notifications and notes, in particular regarding the date of a new delivery attempt, the possibilities of making contact for the purpose of scheduling an appointment and/or a location to leave the order for collection. Any agreements between you and the carrier that deviate from this shall remain unaffected, but shall not establish any liability at our expense. Should the delivery of the goods fail despite multiple attempts for reasons for which we are not responsible, we may withdraw from the contract. You will be reimbursed for any payments you have already made. The legal rights of the contracting parties remain unaffected.
- If the delivery of the ordered products fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply to the costs of shipment if you exercise your right of withdrawal effectively. For the return costs, the regulation made in our withdrawal policy applies if you exercise the right of withdrawal effectively.
§ 4 Prices, payment
- The final prices quoted in our Online Shop are inclusive of the applicable statutory value added tax. They are understood to be exclusive of the delivery and transport costs specified under Shipping & Delivery and the ancillary costs listed below in the currency specified by us.
- We reserve the right to make price changes before placing an order that you have placed and to limit or terminate special offers or discounts at any time.
- For the payment of the purchase price, you can always choose from the available payment methods. You can find information about the individual payment methods under Payment. However, we have the right to reject individual payment methods for an order.
- If necessary, you can also use a voucher for payment by entering the corresponding voucher code. In this case, the respective voucher terms and conditions apply in addition.
- In the event of default of payment, we may demand a flat-rate fee for damages (reminder fee) beginning with the second reminder. You reserve the right to prove that we have incurred no or significantly less damage. Our statutory rights (e.g. default interest, withdrawal, further compensation) remain unaffected.
- Due to the payment method you have chosen, additional costs may be incurred that are charged to you or us by third parties and which we have no influence over (e.g. credit card or bank fees, especially for foreign accounts). You must bear such costs and reimburse us if necessary.
§ 5 Retention of title
Until the invoice amount of a delivery has been paid in full (final and unconditional credit note including VAT and shipping costs), we retain ownership of the delivered goods. The resale, pledging, assignment by way of security or other disposal of the sold goods by you is not permitted without the prior written consent of us as long as the retention of title exists. If you are in default of payment, we are entitled to demand the return of the goods subject to retention of title, provided we have withdrawn from the contract.
§ 6 Promotional vouchers
- Promotional vouchers are vouchers that we issue for promotional events with a certain validity period. You cannot purchase them.
- The following terms and conditions, as well as those set out separately for the respective promotion, apply to promotional vouchers.
- Promotional vouchers can provide a minimum order value, which then grants a discount on the actual total purchase price of the order (without shipping costs). The prerequisite for granting this discount is that the respective value is actually achieved with the respective purchase. Cancellations and other returns made by the customer and accepted by us are taken into account. The value of returned goods is therefore deducted from the original order value. If the minimum order value required for the voucher is not met, the voucher will lose its validity and will not be credited to the order. In the case of advance payments already made, refunds will then be offset against voucher values already credited.
- Promotional vouchers are only valid within the specified period and can only be redeemed once as part of an order process. Only one promotional voucher can be redeemed per order; in particular, different promotional vouchers cannot be combined.
- Retroactive redemption or offsetting is not possible. The value of the voucher will not be paid out in cash, nor will it bear interest. Any remaining balance will not be refunded.
- If promotional vouchers are issued without consideration in advertising campaigns, these will not be reimbursed in the case of (even partial) goods returns in accordance with Section (6).
§ 7 Return, right of withdrawal
- In case of return, use the corresponding return label. You can find practical information and instructions for your return under returns. As a rule, the return of the goods concerned is free of charge if you use the return label as part of the cancellation. Otherwise, you bear the direct costs of returning the goods yourself. However, we reserve the right not to offer free returns.
- The returned items must be provided with the original labels/protections and must be in a condition that corresponds to normal use for the inspection and testing of the goods. We cannot accept returns of items with a strong odour or other traces of use and will return these to you. We reserve the right to assert claims for compensation in this respect.
- Garment bags or other possible accessories are part of the product and may have to be returned with the item.
- Avoid damage during transport by carefully packaging the goods. For the sake of the environment, simply use the original packaging.
- Please make sure that certain items are not returned as soon as their seals are broken during purchase for hygienic or other reasons. Masks for mouth and nose protection, for example, are excluded from the return. You can find information about this in the respective product description.
Upon conclusion of a remote sales transaction, i.e. here with the purchase via our Online Shop, consumers generally have a 14-day statutory right of withdrawal, which we will inform you of in accordance with the legal template below. Irrespective of the legal right of withdrawal, we grant you an extended right of return of 30 days as a special service. In para. (7), you will find a sample withdrawal form. In para. (8), you will find clarifications regarding the legal templates and supplementary regulations, which we are bound to in your favour in addition to the legal right.
Right of withdrawal
You have the right to cancel this contract within 30 days (we offer you a withdrawal option beyond the legally prescribed period of 14 days) without giving reasons.
The withdrawal period is 30 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax, email or the contact form with the selected concern “cancellation/withdrawal”; for contact details, see below Section 17) of your decision to cancel this contract. You can use the attached sample withdrawal form for this, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you cancel this Agreement, we shall immediately and no later than fourteen days from the date on which we received notification of your withdrawal from this Agreement repay all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the choice of a delivery type other than the reasonable standard delivery offered by us). For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse to make the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever happens sooner.
You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
We shall bear the costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for checking the condition, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not exist for contracts
- for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
- We are informing you about the sample withdrawal form according to the legal regulations as follows: withdrawal form
- In addition to the statutory regulation and the above sample, the following applies for clarification purposes or exclusively to your benefit:
- Insofar as the right of withdrawal is not excluded according to the statutory regulation, you can also exercise the contract only with regard to individual goods ordered and delivered together and otherwise retain them. A withdrawal from the entire contract is not required in these cases.
- The withdrawal period begins with the delivery of the last goods in the case of partial deliveries of several goods ordered at the same time. If your goods have been delivered in full, the withdrawal period begins with the delivery. In all cases, you can also declare the withdrawal before delivery.
- You can also exercise your right of withdrawal by returning the goods in question to us together with the return label completed accordingly within the withdrawal period. A separate declaration is then not required. To generate the return label, please provide your reasons for the return (if applicable, “not specified”).
§ 8 Rights of the customer in case of defects (warranty)
- Your rights in the event of material and legal defects are determined by the statutory provisions, unless otherwise specified below.
- The goods descriptions in our Online Shop and, if applicable, also detailed manufacturer information and instructions that are delivered together with the goods are deemed to be agreements on the quality. Please take note of such information before you decide to keep the goods. Claims for damages are excluded to the extent permitted by law or subject to Section 10.
- We do not adapt any information on the quality from third parties, in particular customers in the context of customer reviews published in our Online Shop or other sales platforms. Usual or unavoidable material-related deviations in the quality, colour, size, execution and design of the goods are usually irrelevant. These are not deemed to be an agreement on the quality. Warranty claims do not normally arise in this respect.
Returned goods are checked by our quality assurance department. Refunds will be made if we are responsible for the defects. We undertake to reimburse the price for defective goods in full if the defect cannot be remedied by us (subsequent performance/subsequent improvement). If the defect is due to a cause other than the material quality or the manufacturing process, we will return the original goods to you. We do not provide any refunds for goods that:
- were not purchased via this official BOGNER Online Shop,
- were damaged by misuse or negligent use (e.g. because they were exposed to chemicals, corrosive substances, open flames, high heat, sharp objects, etc.),
- are damaged by non-compliance with the washing and maintenance instructions on the product labels, and/or
- were damaged by misuse or activities that do not correspond to the intended purpose (e.g. if leisure shoes were used for sports).
- Your statutory right of withdrawal (see Section 7) and rights from guarantee declarations that may be made separately remain unaffected.
- If the products are returned, you will first bear the costs for shipping, packaging, and/or customs duties. If the defect in the goods falls under the warranty right agreed upon herein, the costs for return shipment, packaging material and/or customs duties shall be borne by us. Section 475 para. 6 BGB remains unaffected by this.
- You can only withhold payments in the event of a defect to the proportionate extent if the justification of the defect notification is undisputed, acknowledged, or legally established.
§ 9 Force majeure
- If we are unable to fully or largely comply with the contractual obligation due to force majeure events, we will be released from our performance obligations for the duration of the event of “force majeure” and to the extent of their effect, even if we are in default. “Force majeure” is a faultless event outside our sphere of influence which is unforeseeable and outside our reasonable control (including but not limited to natural disasters, pandemics, epidemics or diseases which result in special measures, such as quarantine and other containment measures, terrorism, war, strikes, official measures, lack of manpower, embargoes, strikes, as well as viruses and other attacks by third parties on the IT system of the contracting party, insofar as these occurred despite compliance with the customary care of protective measures). Supply difficulties and other disruptions to performance on the part of our fulfilment agents (e.g. upstream suppliers) are also deemed to be “force majeure” according to these General Terms and Conditions if the fulfilment agent is prevented from providing the service incumbent on it due to an event of force majeure.
- If we are prevented or largely restricted from delivering the goods due to regulatory containment measures in the context of epidemics/pandemics, this also constitutes an event of force majeure.
- We will immediately notify you of the occurrence and elimination of the event of force majeure and will endeavour to remedy this event and limit its effects in a reasonable manner.
- In the event of a force majeure event, we will agree with you on the further procedure and determine when and to what extent the goods not delivered during this period will be subsequently delivered after the end of this event.
- Any right possessed by you or us to withdraw or to terminate the purchase contract for good cause remains unaffected.
§ 10 Liability
In the event of breaches of duty – regardless of the legal grounds – we are responsible for intent and gross negligence. In case of simple negligence, we are only liable:
- for damages arising from the breach of a material contractual obligation (obligation whose fulfilment makes the proper implementation of the contract possible in the first place and on whose compliance the contractual partner regularly relies and should rely); in this case, however, the liability is limited to compensation of the foreseeable, typically occurring damage,
- according to mandatory law (e.g. product liability law),
- for default damages justified in the costs of legal prosecution within the meaning of Section 288 para. 6 BGB, and
- for damages arising from injury to life, limb, or health.
- In deviation from the exclusions and limitations of liability pursuant to para. (2), the relevant agreements shall apply in the event of an agreed liability regardless of fault (e.g. guarantees).
- The aforementioned limitations of liability also apply in favour of our legal representatives and fulfilment agents if they are directly liable to you.
§ 11 Trademarks/industrial property rights
The “BOGNER” and “FIRE+ICE” trademarks as well as all other trademarks that are on our products, accessories or packaging are and remain the sole property of BOGNER, regardless of whether they are word or pictorial trademarks, illustrations, pictures or logo types, and regardless of whether they are registered or not. Any complete or partial reproduction, modification or use of these trademarks, illustrations, images or logo types, for whatever reason and on whatever basis, which is made without the prior written consent of BOGNER is prohibited and can be prosecuted legally. The same applies to any combination or connection with other trademarks, symbols, logo types, and generally any distinguishing sign intended to form a composite logo, as well as to all copyrights, drawings, models and patents owned by BOGNER.
§ 12 Data protection
We will observe the data protection regulations incumbent on us, in particular the GDPR and the applicable national data protection regulations (e.g. BDSG [Federal Data Protection Act] in Germany). The data processing by us takes place in accordance with our Data Protection Declaration.
§ 13 Note according to the German Battery Act
Since some BOGNER and FIRE+ICE products may contain batteries, we are obliged under the Battery Act (BattG) to inform our customers of the following: Batteries and rechargeable batteries must not be disposed of as household waste. As a consumer, you are legally obligated to return old batteries and rechargeable batteries, as they may contain harmful substances that could damage the environment or your health if stored or disposed of improperly. Batteries also contain important raw materials such as iron, zinc, manganese or nickel, which can be recycled. After use, you can either return the batteries to BOGNER or return them in the immediate vicinity (e.g. at the retailer or at municipal collection points or the shipping warehouse) free of charge. Delivery to sales outlets is limited to typical quantities for end users. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out waste bin (no disposal via household waste) and the chemical symbol (Cd, Hg, or Pb) of the heavy metal which is decisive for the classification as a hazardous substance:
1. “Cd” stands for cadmium.
2. “Hg” stands for mercury.
3. “Pb” stands for lead.
§ 14 Alternative dispute resolution
The European Commission provides an internet platform for the online settlement of disputes (the so-called “Online Dispute Resolution Platform”). This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer residing in an EU country is involved. We do not participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Choice of law and place of jurisdiction
- The law of the Federal Republic of Germany shall apply to these General Terms and Conditions and the contractual relationship with you, to the exclusion of material uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular the state in which you as a consumer have your habitual residence, remain unaffected.
- The statutory provisions apply to the place of jurisdiction.
§ 16 Written form, severability clause
- A reference to a written form requirement within these GTCs is to be understood as “text form” within the meaning of Section 126b BGB, i.e. in particular that transmission by e-mail is sufficient.
- Should one or more provisions of these GTCs be or become invalid or unenforceable in whole or in part, or if these GTCs contain a loophole, the validity of the provisions of these GTCs shall otherwise remain unaffected. The statutory provisions shall replace the invalid or unenforceable provision, if applicable.
§ 17 Service
We value your satisfaction and strive to check your request as quickly as possible. After receipt of the documents or your submission or complaint, we will get in touch with you as soon as possible. Please do not hesitate to contact us if you have any service queries or complaints:
Bogner Commerce GmbH - Service Centre
Allersberger Str. 185/O
Tel.: +49 (0)0800 - 412 828 29
Fax: +49 (0)0800 - 412 929 30
As of: 03.11.2022