Terms of Use

General terms and conditions and customer information

I. General Terms and Conditions of Business

§ 1 Basic provisions

(1) The following terms and conditions of business apply to all contracts that you conclude with us as the provider (Maria Katharina Schönstein) via the website www.Bohoria.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his 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 his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

We sell the goods partially or exclusively as commission agent in our own name for the account of a third party, i.e. for a third party as owner of the goods. Irrespective of this, we are the contractual partner with all rights and obligations.

(2) As soon as the respective product is posted on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping basket”. You can access the “shopping basket” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal, credit cards) as your method of payment, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the opportunity to check and change all details again (also using the “back” function of your Internet browser) or to cancel the purchase.
By submitting the order via the button “order subject to payment” you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Warranty

(1) The statutory rights to liability for defects exist.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. This shall not affect the right to also call upon the court at another legal place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

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II. customer information

1. identity of the seller

Maria Katharina Schönstein
Apothekergäßchen 1
86150 Augsburg

Phone: 0821 / 570 895 – 28 (no customer service)
Fax: +49 (0) 3222 425 65 10
e-mail: info (at) bohoria.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1 The contractual language is German.

3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services are to be found in the respective offer.

5. prices and terms of payment

6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up 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 additionally, unless free delivery has been promised.

6.3 If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. Any costs incurred in the transfer of money are also to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7th terms of delivery

7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

last update: 07.05.2020
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