Conditions of Use

Filed Under Category Uncategorized by bozars
Conditions of Use of Bozar Shop for the Online Shop
§ 1 GeneralThe following General Terms and Conditions of Business shall be valid for the entire business relationship between Bozar Shop (“Shop”) and the purchasing person (“Orderer”) regarding the online-shop under the domain of http://www.bozarshop.com (“the “Site”). Orderer acknowledges this said general terms and conditions shall be legally binding for the actual purchase and for all purchases in future. Amendments and/or modifications to these terms and conditions shall not be binding or effective until Shop`s written approval is made. Orderer voluntarily waives his right to use and/or to make effective its own general terms and conditions of business; same shall under no circumstance become subject to contract because of Shop`s silence and/ or delivery. Every correspondence and/ or shipping of goods shall made to and/or through the address in the Site`s imprint or to and/ or through the following E-Mail address: contact@bozarshop.com§ 2 Conclusion of ContractAll offers on this internet site are not binding and are without commitment. They have to be understood as an invitation to Orderer to make an offer (so called invitatio ad offerendum). In each case a valid contract shall only result and become effective by Shop`s written confirmation of the order through E-Mail, by mail or at the latest when Shop performs the order. With regard to an ordered product which is not set out in the confirmation order no sales contract, shall be deemed to have been closed with regard to.§ 3 Consumer`s Right of WithdrawalIn the case that Orderer is a consumer (pursuant to § 13 BGB) it shall be entitled to withdraw from the contract. The right of withdrawal must be exercised in writing (E-Mail is sufficient) or by returning the item within 2 (two) weeks. Shop advises Orderer herewith that it might withhold the costs of decrease in value caused by usage of the item. There will be a separate information after each order on the conditions and procedures for exercising the right of withdrawal.The right of withdrawal is excluded in agreements

  1. which deal with the delivery of newspapers and magazines ;
  2. which deal with the delivery of audio-only and/or audio-visual recordings and/or software, insofar as the wrapping and/or other protective covering of the applicable record and/or other applicable data carrier has been opened and/or otherwise disposed of; the immediately aforesaid shall also be applicable to any other goods or products to which audio-only and/or audio-visual recordings and/or software are added (i.e. included with such other goods), insofar as the wrapping and/or other protective covering of such other applicable goods and/or products shall have been opened and/or otherwise disposed of.
  3. which deal with the delivery of goods, which goods have been manufactured and/or made pursuant to the individual specifications of a client(s) (e.g. personal books);

§ 4 Delivery / Consignment

  1. The item will be delivered from Shop to the address which Orderer provided in his order if not agreed otherwise. Any information in connection with the period required for delivery is without guarantee.
  2. In case that Shop`s contractor supplier does not supply Shop with the ordered item, Shop shall be entitled to withdraw from contract with Orderer. In this case, Shop will notify Orderer immediately that the ordered item is not available. Shop will reimburse any sums paid by the consumer to consumer immediately.
  3. Shop shall be entitled to make reasonable partial deliveries of ordered items in particular but not limited to the case where some item can only be delivered by Shop at a later period of time.

§ 5 Payment

  1. All prices are in EURO (€) including added value tax (VAT).
  2. The amounts payable mentioned in the confirmation notice subject to paragraph § 2 is/ are due with the receipt of said confirmation.
  3. Payment can only be made by Paypal, an invoice purchase is not possible.
  4. If Orderer defaults with payment, Shop is entitled to claim interest at a rate of 5 (five) per cent up to the base rate published by the European Central Bank (ECB) per anno. Shop shall however be entitled to claim higher damages caused by delay if same should be applicable.
  5. If Orderer defaults with payment of an order Shop is entitled to withhold further orders. Shop will not be in default of delivery in such event. It is not necessary that Shop expressly exercises announces its said right to so withhold orders.

§ 6 Shop`s Right of Revocation

  1. Shop is entitled to revoke contract in the event that given purchase price of an item is higher than Shop`s stated price because of wrong information by our contractor and that said contractor is not liable Shop for breach of contract.
  2. Shop shall also be entitled to revoke contract in the event that the correct purchase price of an item is higher than Shop`s stated price as a result of a computer error and that the applicable software manufacturer or the applicable software contractor is not liable for the incurred loss.
  3. Shop`s right to void the contract as a result of an error remains unaffected.
  4. In case of sub paragraph 1-3, Shop will inform Orderer immediately. Shop will also reimburse Orderer the paid purchased prices immediately.

§ 7 Packaging and Shipment

  1. Shop will package the item according to custom and usage.
  2. Shop is entitled to chose route and means of transport if not otherwise expressly agreed with Orderer.
  3. Shipment costs will be paid by the buyer at reception of the goods

§ 8 Transfer of Risk

  1. The risk of accidental loss, destruction or deterioration passes to Orderer at the beginning of the shipment and at the latest by transfer to carrier. This also applies for partial deliveries.
  2. Orderer must notify Shop if the delivery is fake or defective: If Orderer fails to do so it shall bear the risk of accidental loss, destruction or deterioration for the returning of the item.

§ 9 Reservation of Title

  1. The product delivered remains our property (reserved product) until full payment of all (including future) claims resulting from our contractual relationship with the Orderer;
  2. Insurance and/or damage claims which the Orderer has in connection with loss or damage to the reserved product are hereby assigned to Shop in full.
  3. In the event that the Orderer should be in default of payment, it is obliged, upon Shop’s and/or its affilitiates demand, to allow us to repossess the reserved product still in Orderer’s possession, to provide Shop with a detailed list of the said product(s), to isolate the applicable product(s) and to return/transfer same to us.

§ 10 Liability for Defaults

  1. The item will be delivered with the characteristics and quality which are customary for manufacturer at the time of delivery, if this is reasonable for Orderer in consideration of Shop’s interests.
  2. A certain qualities shall only deemed to be assured if Shop and Orderer agrees same in writing.
  3. Shop is not liable if any delivered item which might infringe foreign copyrights or other foreign industrial property rights of third parties.
  4. Orderer is obliged to check the delivered item after receipt to verify if same is free from faults. Orderer is obliged to notify Shop in writing within 7 (seven) working days after receipt of the item if the item is apparently faulty. This written notice must contain the exact description of the default and the order number. To proof that notification shall have been sent in due time shall be the date of postmark or any other provable date specification.
  5. In case that a purchased item is faulty, Orderer shall be entitled to ask for supplementary/ complementary performance. If this supplementary/ complementary performance also fails, Orderer shall then be entitled to revoke the contract or claim damages. Diminution shall be excluded.
  6. Any further claims of Orderer shall be excluded if not otherwise mentioned below. Shop is therefore not liable for damage to other things than the applicable item, including but not limited to lost of profit or other financial losses Orderer might have.
  7. This limitation of liability shall apply also for our employees, representatives and any person employed by Shop in the performance its obligations.
  8. Notwithstanding the foregoing, this limitation shall not be applicable in case that the damage was caused by Shop or its employees, representatives or persons employed by Shop in performance of its obligations by an act of gross negligence or with intent.
  9. In case that Shop negligently breaches a duty which is essential for the contract the replacement liability of Shop for property damage shall be limited to losses which typically results from such damage.

§ 11 Right of Retention and Set-off

  1. Orderer can only enforce a right of retention if it results from the same contractual relationship. Orderer is only entitled to set off if the counter demand if accepted by Shop or if it has been recognized by declaratory judgement.

§ 12 Severability Clause

If any part of this conditions of use shall violate applicable laws and/or treaties or shall be declared invalid or unenforceable by a court of competent jurisdiction, then the balance of this conditions of use shall not be affected and parties hereto shall thereupon enter into good faith negotiations to appropriately replace the hereof through a provision which is the closest and in the spirit of the purpose of the present contract.

§ 13 Privacy Policy Data Protection

Please find information about the type, amount and purpose of the storage, usage and handling of personal data necessary for the purchasing process in Shop`s Privacy Policy (cfr below).
Declaration of Protection of Data Privacy
You will find below information with regard as to which data will registered during your visit on our internet site, as well as to how this data will be used. In this regard, you hereby expressly agree to the registration and use of the following personal information and data.1.Every access to our internet pages and every access to any data stored on our internet pages will be recorded. The said storage is made for system and statistical purposes . The following information will be stored: the name of the data accessed, the date and time of such access, the amount of data transferred, confirmation of successful access, web-browser and accessed domain / IP address(es).Additional personal data shall only be recorded and stored in the event that such information is given by you in connection with your registration in and use of our internet shop.2.Insofar as you shall have made personal data available, we shall use same only to answer your questions, to process closed and effective contracts as well as for technical administration. You hereby expressly agree that advertising material may be forwarded to the e-mail address you have given on our internet site(s).Your personal data will only be made know to third parties for the purposes of either fulfilling any contract closed (and especially, in this regard, to any supplier fulfilling in whole or in part any such contract closed), for accounting/payment purposes or in the event that you shall have prior approved any party to whom such personal data is to be made know.3. Right of WithdrawalYou have the right to withdraw and revoke your agreement to the above at any time hereunder (i.e. for the future, after such right of withdrawal is exercised). The notice of withdrawal is to be forwarded to: contact@bozarshop.com or to Bozar Shop, rue Ravenstein 15, 1000 Brussels, Belgium.The deletion of the personal data saved shall occur when you shall recall you agreement to such saving of same, when we do not need to know anymore your personal data for the purposes we first stored it or when such saving is for other legal reasons not allowed.

4. Right to be informed

Upon written demand, we will gladly inform you as to which of your personal data has been saved. Such written demand is to be forwarded to: contact@bozarshop.com or to Bozar Shop, rue Ravenstein 15, 1000 Brussels, Belgium.
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