Terms of service

Terms of Sale:

§ 1 General, Scope
(1) The following general conditions (GTC) apply to all our business relationships with our customers (hereinafter "Purchaser"). The GTS only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a public law special fund.

(2) The GTCS are particular to contracts for the sale and / or delivery of the goods (hereinafter also referred to goods), regardless of whether we produce the goods themselves or buy from suppliers (§ § 433, 651 BGB). The GTS apply in their current version as a framework agreement for future contracts for the sale and / or delivery of the goods with the same purchaser, without us having to refer back to them in each individual case.

(3) Our GTC shall apply exclusively. Differing, conflicting or additional terms and conditions of the Buyer shall only become part of the contract, as we have expressly agreed to their validity. This requirement applies in every case, for example, even if we, knowing the TNC of delivery to the purchaser without reservation.

(4) In some cases Individual agreements with the purchaser (including collateral agreements, supplements and amendments) shall always take precedence over these GTC. A written agreement or our written confirmation shall be decisive for the content of such agreements.

(5) Relevant statements and advertisements, which are to be submitted to us by the buyer after the contract (eg deadlines, defects, notice of cancellation or reduction) need to be in written form.

(6) References to the application of statutory provisions only of clarification. Even without such clarification, the statutory provisions, insofar as they are not directly modified or expressly excluded in these GTC.

§ 2 Conclusion of contract
(1) Our offers are non-binding. This is true even if we placed catalogs, technical documentation (eg drawings, plans, calculations, references to DIN standards), other product or materials - have left where we are property and copyright - including in electronic form reserved.

(2) The order of goods by the buyer shall be binding contractual offer. Unless otherwise specified in the order, we are entitled to accept this contract offer within 1 week of its receipt.

(3) The acceptance can be made either in writing (eg by confirmation) or by delivering the goods to the buyer.
§ 3 Delivery time and shipping delay
(1) The delivery period is agreed on and specified by us upon acceptance of the order. If this is not the case, the delivery time is approximately 6 weeks from the contract.

(2) If we can not meet mandatory deadlines for reasons that we are not responsible (non-availability), we will announce on the buyer immediately and simultaneously inform the expected new delivery period. If the service is not available within the new delivery time, we are entitled to withdraw all or part of the contract, a payment made by the buyer, we will refund immediately. As a case of non-availability of power in this sense is not particularly timely delivery by our suppliers once we have concluded a congruent covering transaction.

Our statutory cancellation and termination rights and the legal provisions on the settlement of the contract to the exclusion of liability (eg, impossibility or unreasonableness of performance and / or fulfillment) remain unaffected. Are without prejudice to the cancellation and termination rights of the Buyer pursuant to § 8 of these Terms.

(3) The entry of our delay in delivery shall be governed by the statutory provisions. In any case, a reminder of the buyer is required. If we are in default of delivery, the purchaser may demand compensation for the delay liquidated damages. The liquidated damages amounts for each full calendar week of delay or 0.5% of net price (delivery value), but no more than 5% of the order value of the delayed goods. We reserve the right to prove that the buyer no damage or a considerably lower damage than the aforementioned package.

§ 4 Right of withdrawal

(1) Consumers have a two-week withdrawal. Revocation Withdrawal You may cancel your contract within two weeks without giving reasons in writing (eg letter, fax, email) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to § 312c paragraph 2 BGB in connection with § 1 Sections 1, 2 and 4 BGB-as well as our obligations according to § 312e Section 1 Clause 1 BGB in connection with § 3 BGB Information Regulations. The revocation period is sufficient to send the revocation or thing. The cancellation is
be sent to:
Owner May Lam, Hochheiderweg 75, 26123 Oldenburg, Germany.

Consequences of revocation In case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered.

Transportable items are to be returned at our risk.

You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have provided partial payment.
Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

End of cancellation policy

(2) Please contact us before returning under info@bubblefly.de to announce the return. In this way you can guarantee us the fastest possible assignment of the products.

(3) Please note that in paragraph (2) shall modality is not a prerequisite for the effective exercise of the right.

§ 5 Delivery, Risk, Acceptance, delay

(1) The shipment will be at our discretion, at the risk of the purchaser. The risk passes to the buyer once the shipment has been handed over to the person performing the transport. If delivery is delayed or made impossible without our fault, the risk is with the sending of the notification of readiness for shipment to Buyer, on to this. Insurance of the goods against damages only at the express request and expense of the purchaser. The buyer must inspect the goods immediately upon receipt for completeness and damage.

(2) If the buyer is in default of acceptance, he fails to cooperate or delayed our delivery other reason attributable to the Purchaser reasons, we are entitled to compensation for the resulting damages including additional expenses (eg storage costs). We charge a flat-rate compensation in the amount of EUR 20 per calendar day, beginning with the delivery period or - in the absence of a delivery period - with the notification of readiness for dispatch.
Proof of a higher damage and our legal rights (including compensation of additional expenses, reasonable compensation, termination) is unaffected, but the package is to be counted against further monetary claims. The buyer is entitled to prove that we have suffered no or significantly less damage than the aforementioned package.

§ 6 Prices and Payment

(1) If in a particular case otherwise agreed, our correct at the time of concluding the contract prices, namely stock, incl VAT apply.

(2) Upon sale (§ 4 para 1), the buyer pays the transport costs from stock and the costs of transport insurance desired by the buyer if necessary. If we do not provide the actual transportation costs incurred in the individual case into account, a delivery charge (excluding transportation insurance) in the amount deemed v. 110 EUR as agreed. Any duties, fees, taxes and other public charges paid by the buyer. Transport packaging and all other packaging according to the Ordinance, we do not take back, they become the property of the buyer, except for pallets.

(3) The purchase price is to be paid no later than upon delivery of the goods.

(4) Upon the expiration above payment, the buyer is in default. The purchase price is payable during the delay to the respectively applicable statutory default interest rate. We reserve the right to claim further damages. For merchants is our claim to the commercial maturity interest (§ 353 German Commercial Code) remain unaffected.

(5) The buyer is entitled to set-off or retention only insofar as his claim legally determined or undisputed. In case of defects of the delivery § 7 paragraph 8 shall remain unaffected.

(6) becomes apparent after conclusion of the contract that our claim is endangered on the purchase price due to inability of the buyer (by application to open insolvency proceedings), we are under the statutory provisions to withhold performance and

- Possibly after a deadline
- To cancel the contract

entitled (§ 321 BGB). For contracts for the production unreasonable things (custom made), we can declare the resignation immediately, without prejudice to the legal provisions regarding the dispensability of setting a deadline.

§ 7 Retention of title

(1) Until full payment of all present and future claims under the purchase agreement and a current business relationship (secured claims), we reserve the property prior to the goods sold.

(2) The goods under retention of title may be pledged before full payment of the secured claims to third parties, be transferred by way of security. The buyer has to inform us immediately in writing if and when third parties have to belong to us.

(3) Breach of contract by the buyer, especially for non-payment of the purchase price due, we are entitled under the statutory provisions of the contract and to the goods on the basis of title and withdrawal. Not the buyer pays the purchase price when due, we may make these rights only if we have set the buyer previously unsuccessfully a reasonable deadline for payment or such a deadline in accordance with statutory regulations is unnecessary.

(4) The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business and / or process. In this case, the following provisions shall apply in addition.

(A) The retention of title to the products resulting from the processing, mixing or combining of our goods to their full value, and we shall be the manufacturer. The event of processing, mixing or combining with third parties' rights should exist, we shall acquire co-ownership in proportion to the invoice value of the processed, mixed or combined goods. Otherwise, if the resulting product is the same as for the goods delivered under retention of title.

(B) Costs incurred from the resale of the goods or products claims against third parties, the buyer now or to the amount of our possible co-ownership of the preceding paragraph to the security to us. We accept the assignment. The obligations referred to in paragraph 2 of the purchaser also apply in respect of the assigned receivable.

(C) to collect the claim is authorized, the buyer next to us. We undertake to not collect the claim as long as the buyer meets his payment obligations towards us, does not fall into arrears, no application has been made for the opening of insolvency proceedings and no other defect is present its performance. If this is the case, we may require that the buyer notifies us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and informs the debtors (third parties) of the assignment.
(D) If the realizable value of the securities exceeds our claims by more than 10%, we shall release the buyer's request collateral of our choice.

§ 8 Warranty claims of the buyer

(1) For the rights of the purchaser in material and legal defects (including wrong and short delivery or improper installation or improper installation instructions), the statutory provisions, unless the context otherwise requires the following apply. The special statutory provisions for final delivery of goods remain unaffected in all cases to a consumer (supplier recourse acc. § § 478, 479 BGB).

(2) Our liability for defects is mainly taken over the quality of the goods. As regards the quality of the goods designated as such product which has been transferred to the buyer prior to his order or included in the same way as these Terms and Conditions shall apply to the contract.

(3) Where the nature of which has not been agreed, is to be assessed under the statutory scheme, if a defect is present (§ 434 section 1 S 2 and 3 BGB). For public statements of the manufacturer or other third parties (eg advertising claims) but we assume no liability.

(4) The warranty claims of the buyer assume that he's statutory inspection and notification (§ § 377, 381 HGB) is fulfilled. Shows up in the investigation or later defect, we shall immediately display is to make. When the display is immediately if it occurs within two weeks to meet the deadline, timely mailing of the notification. The notification must be made in writing. Regardless of the above inspection and notification the buyer has obvious defects (including wrong and short delivery) within two weeks after delivery, to meet the deadline, timely mailing of the notice of defects. The notification must be made in writing. If the buyer fails the above specific defects, our liability for the defect displayed is excluded.

(5) If the delivered goods are defective, the buyer may demand subsequent performance initially, at its option remedy the defect (rectification) or delivery of conforming goods (replacement). It does not explain the buyer about which of the two rights he chooses, so we can contact him on this a reasonable time. If the buyer the choice is not within the time limit, so go with the deadline the right to vote on us. (6) We are entitled to make the due fulfillment of the condition that the buyer pays the purchase price due. However, the buyer is entitled to withhold a reasonable portion in relation to the lack of the purchase price.

(7) The warranty is void if any unauthorized third party interventions, repair or attempted repair. The transfer of warranty claims is excluded.
Replaced parts become our property. For replacement or repairs, we also guarantee warranty as to the object of purchase. The warranty shall not be extended by corrective measures. The warranty is void if a defect resulting from improper handling or improper installation by the customer or any unauthorized third parties arises.

(8) The buyer must give us the necessary time and opportunity for subsequent performance owed, in particular to pass the impugned goods for testing purposes. Necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs, we carry. In case of replacement, the buyer has to return to us the defective item under the statutory provisions.

(9) In urgent cases, for example at risk to operational safety or to prevent excessive damage, the buyer has the right to remedy the defect himself and demand reimbursement of the expenses necessary for this objective. Of such self-execution, we are immediately notify beforehand if possible. The right of self does not exist if we would be entitled to refuse subsequent performance in accordance with the relevant statutory provisions.

(10) If the supplementary performance has failed or has expired without the remedy for the buyer to be set after deadline or to the statutory provisions, the purchaser can withdraw from the contract or reduce the purchase price. However, a withdrawal is not an insignificant defect.

(11) Purchaser for damages or reimbursement of expenses exist only in accordance with § 8, otherwise they are excluded.

§ 9 Liability Other
(1) As far as including the following provisions otherwise stated in these GTC, we are liable for a breach of contractual and non-contractual obligations under the relevant statutory provisions.

(2) We shall be liable for damages - for whatever legal reason - in case of intent and gross negligence. We are only liable for negligence
a) for damages arising from injury to life, body or health
b) for damages arising from breach of an essential contractual obligation (obligation whose fulfillment enables the proper execution of the contract and on whose compliance the contractor relies and may rely), in which case our liability is the replacement of the foreseeable, typically occurring damage limited.

(3) The results from Section 2 liability limitations do not apply if we maliciously concealed a defect or have a guarantee for the quality of the goods. The same applies to claims of the buyer according to the Product Liability Act.

(4) Due to a breach of duty, which do not constitute a defect, the purchaser may rescind or terminate the contract if we are responsible for the breach of duty. A right of termination of the buyer (especially section. § § 651, 649 BGB) is excluded. Moreover, the statutory requirements and legal consequences apply.

§ 10 Limitation

(1) The mutual claims of the parties barred under the law, as long as nothing else is determined.
(2) Notwithstanding § 438 Section 1 No. 3 BGB, the general limitation period for claims for material defects and defects for one year from delivery. If acceptance is agreed, the statute of limitations begins to decrease.

(3) Remain unaffected special legal provisions for collateral rights of third parties (§ 438 paragraph 1 No. 1 German Civil Code), for buildings and building materials (§ 438 paragraph 1 No. 2 BGB) in supplier's recourse for claims (§ 479 BGB) and to referred to in § 8 paragraph 2 and 3 claims for damages. In these cases only, the statutory limitation provisions.

(4) If we owe damages to the purchaser pursuant to § 8 due to or as a result of a defect, the statutory limitation of sales law (§ 438 BGB), unless the application of the regular statute of limitations (§ § 195, 199 German Civil Code also apply to competing non-contractual claims for damages, ) results in individual cases in a shorter period. The limitation of the Product Liability Act shall remain unaffected in any case.

§ 11 Choice of Law and jurisdiction

(1) The law of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, particularly the CISG applies to these General Terms and all legal relations between us and the buyer. Requirements and effects of retention of title acc. § 6 are governed by the law of the respective location of the matter, then as far as the choice of law in favor of German law is inadmissible or ineffective.

(2) If the buyer is a merchant i.S.d. Commercial Code, a legal entity under public law or a public special fund, the exclusive - and international - place of jurisdiction for all disputes arising from the contractual relationship, directly or indirectly arising disputes our registered office in Oldenburg. However, we are also entitled to bring an action at the general jurisdiction of the buyer.