AGB’s (General Terms and Conditions):
1 Scope of application
1.1 These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 13 BGB) via the online store of BM Horse Sp. z. o. o. Przemysłowa 2E, 77-100 Bytów, Poland, (hereinafter “BM Horse”).
1.2 A consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
2 Contractual partner, conclusion of contract
2.1 The purchase contract is concluded with BM Horse Sp. z. o. o. .
2.2 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the “Buy now” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.
3. storage of the contract text
3.1 We do not store the text of the contract.
3.2 You can view and download the GTC on our website at any time.
4. right of withdrawal
4.1 Consumers are entitled to the statutory right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal policy.
5 Prices and shipping costs
5.1 The prices stated on the product pages do not include VAT. These are only displayed in the shopping cart system.
5.2 In addition to the prices quoted, we charge shipping costs for delivery. The shipping costs are clearly indicated on the product pages, in the shopping cart system and on the order page.
6 Delivery
6.1 Delivery is made by parcel service or forwarding agent. The type of delivery depends on the ordered goods and is determined by BM Horse Sp. z. o. o.. Delivery will be made to the delivery address specified by the customer.
6.2 Unless otherwise stated in the offer, the delivery time is up to 7 days depending on the place of delivery.
6.3 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will reimburse you immediately for any payments already made.
7 Payment
7.1 Payment can be made either in advance or by BLIK.
7.2 If you choose to pay in advance, you will find our bank details in the order confirmation or below. The goods will be shipped after receipt of payment.
Bank: mBiznes account walutowe EUR
IBAN: PL42 1140 2017 0000 4612 0151 0148004
Swift: BREXPLPWMBK
8. reservation of title
The goods remain our property until full payment has been made.
9. transport damage
9.1 If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us without delay.
9.2 Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier.
10 Warranty and guarantees
10.1 The statutory liability for defects applies.
10.2 Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
11 Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents:
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of warranty promises, if agreed,
insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
12. dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. final provisions
13.1 Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the objective pursued by the contracting parties with the invalid or unenforceable provision.
13.2 German law shall apply exclusively to contracts between us and you, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).