These Terms and Conditions govern the use of the backmakers.com website at www.backmakers.com
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Warranty (Defects Liability)
- Applicable Law
- Content and Information
- Disclaimer
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of NB Solutions GbR, operating under "Backmakers" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods displayed by the Seller in their online store. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activities.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person, or a legally capable partnership, who, when entering into a legal transaction, acts in the course of their commercial or independent professional activities.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online store do not constitute binding offers from the Seller, but serve to make a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online store. After the Customer has added the selected goods to the virtual shopping cart and completed the electronic ordering process, the Customer submits a legally binding offer for the items in the shopping cart by clicking the button that completes the order process.
2.3 The Seller may accept the Customer’s offer within five days:
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the access of the order confirmation being decisive for this,
- by delivering the ordered goods to the Customer, with the access of the goods at the Customer’s location being decisive for this,
- or by requesting payment from the Customer after the Customer has placed the order.
If multiple of the aforementioned alternatives occur, the contract is concluded when one of the alternatives takes place first. The acceptance period begins on the day after the Customer submits the offer and ends on the fifth day after the submission of the offer. If the Seller does not accept the Customer’s offer within this period, the offer is considered rejected, and the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment process will be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under PayPal’s terms of use, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By choosing a payment option provided by PayPal, the Seller accepts the Customer’s offer at the moment the Customer clicks the button that completes the order.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g., email, fax, or letter) after the order is placed. No further availability of the contract text is provided by the Seller. If the Customer has set up a user account in the Seller’s online store before submitting the order, the order data is archived on the Seller’s website and can be accessed by the Customer via their password-protected user account with the corresponding login information.
2.6 Before binding submission of the order through the Seller’s online order form, the Customer can detect any input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs during the electronic order process as long as they have not clicked the button that completes the order process.
2.7 The contract language is German.
2.8 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or any third parties commissioned by the Seller for order processing are delivered, especially when using spam filters.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is provided in the Seller’s withdrawal instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices indicated are total prices. Value-added tax is not shown, as the Seller is a small business under the German VAT Act. Any additional delivery and shipping costs will be separately stated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may apply, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). These costs may also arise if the delivery is not to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the Customer in the Seller’s online store.
4.4 If a payment method offered by PayPal is selected, the payment process is carried out via PayPal, where PayPal may use third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller is paying in advance (e.g., invoice purchase or installment payments), they assign their payment claim to PayPal or to the third-party payment provider appointed by PayPal, who is specifically named to the Customer. Before accepting the assignment statement from the Seller, PayPal or the appointed payment service provider will conduct a credit check using the Customer’s provided data. The Seller reserves the right to refuse the selected payment method in case of a negative credit check result. If the selected payment method is allowed, the Customer must pay the invoice amount within the agreed payment period or intervals. Payment can only be made to PayPal or the third-party payment service provider with a discharging effect. However, the Seller remains responsible for general customer inquiries, such as about goods, delivery time, dispatch, returns, complaints, withdrawal statements, and credits.
4.5 If the "SOFORT" payment method is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich. To pay the invoice amount through "SOFORT", the Customer must have an online banking account that is enabled for "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately by "SOFORT", and the Customer’s bank account will be charged.
(Continuation would follow the same translation structure, continuing with shipping terms, retention of title, warranty, etc.)
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