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§1 Area of Validity

(1) The following general terms and conditions regulate the business relation between the BigBottle Vertriebsgesellschaft mbH (BigBottle in the following) and the persons (buyer in the following) which arise within the course of using the websites www.bigbottle.de and www.bigbottle-club.de including all subdomains belonging to these domains.

(2) Buyers in the sense of these general terms and conditions are endconsumers as well as entrepreneurs. Endconsumers in the sense of these general terms and conditions are natural persons with whom a business relationship is entered and do not have a commercial or independent professional activity. Entrepreneurs in the sense of these general terms and conditions are natural or legal persons or private companies which hold legal capacity with whom a business relationship is entered and who act in the process of their commercial or independent professional activity.

(3) The following general terms and conditions are exclusive. Opposing terms cannot be accepted. Conditions presented by our customers and conflicting with ours can only be accepted if BigBottle has agreed to these in written form in each individual case.

§ 2 Conclusion of contract

(1) The presentations on the internet sales platform of BigBottle do not represent offers in a legal sense but are only non-binding invitations to potential buyers to purchase goods from BigBottle. By ordering the desired products on the websites mentioned in § 1 (1) the buyer submits a binding offer on the conclusion of a purchase contract.

(2) On receipt of the order the buyer receives a confirmation via E-mail in which all purchasing details are listed. This confirmation does not represent an acceptance of the purchasing offer but is only an information about the receipt of his order.

(3) A purchasing contract will be concluded as soon as the dispatch is initiated and the buyer is informed about the dispatch via E-Mail. If the buyer purchases via cash in advance the purchasing contract is already concluded as soon as the order is accepted and BigBottle has sent a request for payment.

(4) Goods from the same order not listed in the shipment confirmation will not be included in the purchasing contract.

(5) The offer is accepted subject to availability of the ordered items. All items offered at BigBottleare generally available although in exceptional circumstances a particular item may be temporarily sold out. BigBottle will inform the customer via e-mail about this immediately. If the unavailable items have already been paid for, the client will receive a full refund.

(6) In case the buyer orders the goods on electronic way the text of the contract will be saved by us and will be sent to the client via E-Mail incl. the operative general terms and conditions after the concluse of the purchasing contract.

§3 Payment, due date, delayed payment

(1) The payment of the goods is to be made for (a) entrepreneurs acc. §1 (2) via bank collection or on account and for (b) endconsumers acc. § 1 (2) via credit card, bank collection, prepayment or on account.

(2) In case of sale on account the total sum of the invoice is due on receipt of goods and invoice.

(3) BigBottle reserves the right in case of substancially justified reasons which bear the risk of non-payment to demand the prepayment of the order. This is especially the case when the order is received and the respective client has still an outstanding payment or is processed in the reminder system.

(4) On justified reasons BigBottle checks ans evaluates the personal data given by the buyer in respect of credibility. Should it be necessary BigBottle will initiate an exchange of data with Creditreform (Karlsruhe) or Infoscore (Baden-Baden).

(5) In case the buyer has still outstanding payments he is still liable for any shipment even the ones made accidentially. BigBottle will charge interest on the purchasing price. The interest rate for the delayed payments are 5 percentage points above the prime rate. The entrepreneur has to pay an interest rate of 6 % above the prime rate on the sum due. Against entrepreneurs an enforcement of an additional damage is not excluded.

(6) The buyer is only entitled for compensation in case this right was legally justified or BigBottle has accepted the counterclaim.

§ 4 Delivery

(1) As long as not differently agreed upon BigBottle ships the order to the address given from buyer. In case of prepayment the delivery is executed with 3 – 4 working days after receipt of the payment. Apart from that the period of delivery is 3-4 workings days after the sending of the shipment confirmation. The information about the delivery dates are non-binding as long as an exact delivery date was agreed upon.

(2) Orders with a delivery address within Germany are executed without additional shipping costs despite the fact the buyer demands a special way of delivery which generates higher costs. For shipments outside Germany shipping costs are calculated according to the separate transport cost overview.

(3) For shipments outside the EU the buyer has to take care of customs and other related fees.

§ 5 Property Reservation

(1) Sale to endconsumer: until full payment has been received all items remain the property of BigBottle. Before the item becomes property of the buyer a disposal of this item is not allowed without acceptance of BigBottle.

(2) Sale to entrepreneurs: Until full payment has been received all items remain the property of BigBottle. The company shall release any retained goods and, in its sole discretion, any items and/or receivables replacing it upon according request, in the event that the value thereof shall exceed the collateralized claims by more than 25%.

§ 6 Prices

(1) Each denoted price is meant to be the final price including VAT with the excemptions stated in § 4 (2) of these general terms and conditions (special costs for shipment).
(2) With any update of the websites mentioned in § 1(1) all former prices and other information about goods and services become invalid. For invoicing the prices are relevant which were given when the buyer has transmitted his offer.

§ 7 Return Policy

(1) BigBottle is entitled also in case of a partially executed shipment to withdraw from the contract if the buyer has given false information about his credibility. The right of withdrawal also remains in cases of a dramatic material worsening of the pecuniary situation of the buyer. Such cases apply especially at the issue of insolvency proceedings of the buyer’s belongings or the dismissal of such due to the lack of sufficient funds. Before the withdrawal the buyer may effect a prepayment or may present a suitable security.

(2) Disregarding any claims for damages in case of a partial withdrawal from contract already provided services have to be paid.

§ 8 Warranty

(1) In case of defected products the statutory provisions apply as long as nothing else arises from the following regulations.

(2) Entrepreneurs have to check the shipped goods on arrival concerning quality and quantity. We have to be informed in writing about such defects/lacks within a week from the receipt of the goods; otherwise the enforcement of a warranty claim is excluded.
Hidden defects have to be reported in writing within a time-limit of a week after receipt. The entrepreneur has to prove fully that he is entitled to warranty claims, especially for the defect itself, for the timeframe of detecting the defect and for the time-limit a defect is reported. For entrepreneurs the warranty period is one year after shipment.

(3) We don’t give guarantees in the legal sense. Production guarantees are not touched by this clause.

§ 9 Disclaimer

(1) Damages caused by inappropriate handling or contrary to contract measures of the buyer do not justify any claims against BigBottle.

(2) BigBottle is liable for any other damages as to life, body or health as on intent or results from an act of gross negligence or of culpable
breach of essential contractual duties of BigBottle or legal representative. Any further liability for compensation of damages is excluded. The liability according to the product liability law remains unaffected.

(3) According to the current level of technology data communication via internet cannot be guaranteed to be without errors and/or cannot be available al all times. A liability for such damages is reduced under the provisions in § 9(2).

(4) BigBottle is only liable for the  contents of ist own website. For direct or indirect references to other internet sites which are outside BigBottles area of responsibility, a liability obligation would come into force solely in such a case in which BigBottle has knowledge of the contents and it would be technically feasible and reasonable to prevent the use in the case of unlawful contents.

§ 10 Right of withdrawal

Any customer has the right to revoke his/her contractual statement (in the sense of § 13 BGB) within 2 weeks, in writing (e.g. fax, letter, E-Mail) or by returning the goods without stating reasons. The period begins at the earliest with the receipt of the goods by the customer and he/she has received in writing an additionally issued instruction for the right of withdrawal. For securing this period the timely posting of the withdrawal or the goods is sufficient.

Withdrawal resp. Return shipment have to be sent to:
Big Bottle Vertriebsgesellschaft mbH, Kaiser-Wilhelm-Str. 3, D-76530 Baden-Baden.

A right of withdrawal does not apply to distance selling contracts for the delivery of goods which were produced according to the buyer’s specifications or which were clearly adapted to the client’s needs or which cannot be returned due to their characteristics or which can easily perish or whose expiration date was exceeded.

A customization according to buyer’s specifications is the case if name tags or likewise are applied to the goods.

Consequences of revocation

In case of a valid revocation, both parties have to return the received goods or payments as well as any derived benefits (e.g. interests). If the received goods cannot be returned fully or only partially or damaged the buyer has to compensate for this loss of value. This doesn’t not count if the deterioration the surrendered goods was caused by the control of the goods such as it would be done in a shop.
In general a loss of value can be avoided if the goods are not used like your own property and you omit all activities causing deterioration. Goods eligible for shipping have to be send back. Costs of return have to be born by the buyer if the shipped goods comply with the ordered goods and if the value of these goods exceeds € 40,- or if the buyer hasn’t paid for the goods at the time of revocation.
Otherwise the return is at our cost. Goods not eligible for shipping will be collected at the buyers address. Payment obligations have to be fulfilled within 30 days after the issue of the revocation.

Advisory remarks

(1) Should it be necessary to produce special tools for the production of the ordered goods, these tools will remain the property of BigBottle until full payment of the buyer. These tools will be stored at BigBottle also after the payment. Should the client intend to use these tools for personal purposes he can request the handover but not for the production of goods similar/identical to these BigBottle offers.  

§ 11 Privacy policy

(1) All personal data necessary fort he execution of an order will be saved in machine readable form und will be treated confidentially. All necessary data for the processing of an order such as name and address will be transferred to the company which is assigned for the shipment of the goods. By concluding the contract the buyer accepts that BigBottles uses the E-Mail-adresses for sending further information and newsletters to the client, unless the client has disagreed explicitely.
(2) Further information about the data collection as well as about saving, using and processing of such by BigBottle can be read in our privacy statement.

§ 12 Final provisions

(1) Exclusively German law shall supplementarily apply to this contract.
The application of the uniform law on international sale of goods (CISG) is explicitly excluded.

(2) Baden-Baden shall be the venue for all disputes between the contractual
parties arising from this contract. This also applies if the client’s has no legal venue in Germany or his place of residence is unknown.

(3) If individual parts of these terms and conditions of purchasing are legally invalid, the validity of the remaining provisions shall thereby not be affected.

Status: February 2012