Terms of service
Validity of the conditions/offers
(1) The following general terms and conditions apply to all contracts concluded between Bori GmbH and the end customer as a consumer within the meaning of Section 13 BGB regarding deliveries made via online trading.
(2) Offers from Bori GmbH are non-binding in their entirety, unless Bori GmbH has expressly marked them as binding. This applies in particular to drawings, illustrations, dimensions, weights or other performance data.
Conclusion of contract
(1) Contracts are concluded with Bori GmbH. Managing Directors Rike Bojanowski & Boris Bojanowski.
(2) The presentation of the products in the online shop does not represent a legally binding offer from Bori GmbH, but rather a non-binding invitation to submit an offer by the end customer. By clicking on the “Buy Now” button, the end customer places a binding order for the goods contained in their shopping cart to Bori GmbH. The confirmation of receipt of the order takes place together with the acceptance of the order by Bori GmbH immediately after sending by an automated email. With this email confirmation from Bori GmbH, the purchase contract has been concluded with the conditions and content stated in the confirmation.
(3) Bori GmbH reserves the right to deviate from the contractually agreed quality of the goods if such deviations are customary or represent an improvement.
III. Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. The right of withdrawal does not apply to distance selling contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery. Unsealed goods must remain unopened; Bori GmbH reserves the right to exclude opened goods from being exchanged or returned. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired to:
Bori GmbH
Basthoop 8, 30974 Wennigsen
mail@eze-essentials.com
Consequences of revocation
If you cancel this contract, we will refund to you all payments we have received from you, with the exception of delivery costs and additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us ), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. Delivery costs will only be borne by Bori GmbH if the reason for the cancellation can be proven to be based on a defect. For this repayment we will use the same payment method that you used in the original transaction, unless something different was expressly agreed with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
The goods must be delivered immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract
Ziegler&Stadler Fulfillment
Tassilostraße 14
85126 Münchsmünster
be returned or handed over. The deadline is met if you send the goods before the deadline of 14 days has expired.
We do not bear the costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
A refusal to accept the shipment or failure to collect the shipment from the shipping service provider does not count as a cancellation of the order. The shipping costs will not be refunded in these two cases either.
End of revocation
Prices
(1) All prices of Bori GmbH are valid in euros from the headquarters of Bori GmbH plus separately stated shipping costs and statutory sales tax, unless a different agreement has been made with the end customer. The type of packaging is at the discretion of Bori GmbH, unless it has made a different agreement with the end customer.
(2) Bori GmbH reserves the right to make price changes when accepting quantities that deviate from the agreed scope.
Terms of payment, flat rate for damages
(1) The end customer has the following payment options when ordering via the Bori GmbH online portal: a) Payment in advance
b) Payment by credit card
c) Payment via PayPal.
d) Payment on account
e) Payment by instant transfer Payment is only considered to have been made when the payment amount is credited to Bori GmbH's account. If the payment amount is not credited to Bori GmbH's account, the end customer will receive an invoice that is payable 14 days after the date of invoicing, plus any return debit fees and other third-party costs as well as a Bori GmbH processing fee of €5.00.
(2) The end customer is only entitled to set off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, Bori GmbH has acknowledged them or they are undisputed. The end customer is only authorized to exercise a right of retention if his counterclaim is based on the same contract.
(3) The end customer may only assign claims from the business relationship with the prior written consent of Bori GmbH.
(4) If Bori GmbH is entitled to demand compensation from the end customer instead of performance, the end customer must pay a flat rate of 30% of the contract amount. Bori GmbH reserves the right to assert further claims upon proof. The end customer is permitted to provide proof that Bori GmbH did not incur any damage at all or did not incur the flat rate of 30% of the contract amount.
Delivery/delivery time
(1) The delivery period begins on the day the order confirmation is sent or after receipt of all documents to be provided by the end customer to carry out the order, if these documents are not yet available to Bori GmbH on the day the order confirmation is sent.
(2) Delays in delivery and performance due to force majeure, natural disasters as well as labor disputes for which Bori GmbH is not responsible, or other unforeseeable and non-culpable performance obstacles at Bori GmbH that cannot be overcome by reasonable expenditure, entitle Bori GmbH to extend the delivery date for the duration of the disruption in performance caused by these circumstances - at the latest but for four weeks – to be postponed. Bori GmbH and the end customer are entitled to withdraw from the contract if the aforementioned reasons lead to an extension of the deadline by more than four weeks; The end customer remains free to exercise other statutory rights of withdrawal at an earlier point in time - for example due to the loss of the basis for the transaction or due to the impossibility of performance by Bori GmbH.
(3) The delivery is subject to self-delivery if Bori GmbH has concluded a hedging transaction for the delivery and is not delivered for reasons for which it is not responsible. If delivery from the hedging transaction does not take place within the delivery period, Bori GmbH is obliged to inform the end customer of this immediately and is entitled to withdraw from the contract. Furthermore, Bori GmbH is obliged to refund any down payments made to the end customer. The assertion of claims for damages by the end customer due to such withdrawal is excluded.
(4) Bori GmbH is entitled to provide partial deliveries and partial services to the end customer, provided this is reasonable for the end customer and overpayments are reimbursed directly by Bori GmbH. Bori GmbH will deliver goods that are not delivered on the agreed delivery date in the areas of new goods, limited editions and gift sets to the end customer upon request, if and as soon as these goods are available again at Bori GmbH.
(5) If the end customer defaults on acceptance, Bori GmbH is entitled to demand compensation from the end customer for any damage incurred and any additional expenses. When the delay in acceptance occurs, the risk of accidental deterioration and accidental loss of the delivery item passes to the end customer.
(6) If the delivery of an order is due to an error on the part of the end customer, such as input errors, Bori GmbH is entitled to retain the shipping costs. If a delivery is due to errors caused by Bori GmbH, the shipping costs for the first delivery will be borne by Bori GmbH.
(7) Two options are offered for deliveries to Austria. If the customer selects delivery without a tracking number during the ordering process, the order will not be delivered again if the shipment is lost. In this case, Bori GmbH reserves the right to invoice the outstanding amount despite the loss and to demand the amount from the customer.
VII. Claims for defects/liability
(1) If the delivered goods have a defect at the time of delivery, Bori GmbH is obliged, at the end customer's discretion, to remedy the defect or to deliver a defect-free item to the end customer (subsequent performance), unless Bori GmbH is obliged to do so due to statutory provisions regulations to refuse supplementary performance. The end customer must grant Bori GmbH a reasonable period of time for supplementary performance. During subsequent performance, the reduction of the purchase price (reduction), the assertion of claims for damages due to the defect or withdrawal from the contract by the end customer are excluded. The repair is deemed to have failed with the second unsuccessful attempt. If subsequent fulfillment fails, the end customer can reduce the purchase price or withdraw from the contract. The end customer can only assert claims for damages under the following conditions if subsequent performance has failed. The right of the end customer to assert further claims for damages in accordance with the following provisions remains unaffected.
(2) Bori GmbH only provides a guarantee for obvious defects if the end customer reports these defects to Bori GmbH in text form (e.g. letter, email) within 14 days of receipt of the goods. In order to meet the deadline, it is important that the notice of defects is sent on time.
(3) If the end customer makes changes to Bori GmbH's products, the end customer's claims for defects no longer apply if one of these circumstances caused the defect.
(4) Bori GmbH is liable for damages - regardless of the legal basis - in cases of intent and gross negligence.
(5) In addition, Bori GmbH is liable for damages caused by simple negligent violation of such contractual obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and for their compliance the end customer regularly trusts and can trust. In this case, however, Bori GmbH is only liable if the damage is typically associated with the contract and foreseeable. Without prejudice to the following paragraph 6, Bori GmbH is not liable for the simple negligent breach of obligations other than those mentioned in the previous sentences.
(6) The above limitations of liability in favor of Bori GmbH do not apply in cases of liability under the Product Liability Act, in the event of injury to life, body or health and also not if and to the extent that Bori GmbH has fraudulently concealed defects in the purchased item. Furthermore, the limitations of liability do not apply if Bori GmbH has given a quality and/or durability guarantee with regard to the goods or parts thereof as part of the guarantee given. However, Bori GmbH is only liable for damage that is based on the violation of a guarantee given but does not occur directly on the goods if the risk of such damage is clearly covered by the guarantee given.
(7) To the extent that the liability of Bori GmbH is excluded or limited hereunder, this also applies to the personal liability of its representatives, employees and vicarious agents.
VIII. Retention of title
(1) Bori GmbH reserves ownership of the delivered goods until final and complete payment has been made (reserved goods).
(2) The end customer indemnifies Bori GmbH from all access by third parties, in particular compulsory enforcement measures and other impairments
(Co-)ownership must be reported immediately in writing. The end customer must reimburse Bori GmbH for all damages and costs that arise from a breach of this obligation and necessary intervention measures against third-party access.
(3) If the end customer behaves in breach of contract - in particular late payment - Bori GmbH is entitled, after setting a reasonable deadline, to withdraw from the contract and to demand the return of the reserved goods and/or, if necessary, to demand the assignment of the end customer's claims for return against third parties. The taking back of the reserved goods by v constitutes a withdrawal from the contract, as is always their seizure by Bori GmbH. After taking back the reserved goods, Bori GmbH is authorized to utilize them; it will offset the proceeds from the exploitation against the end customer's liabilities - less any appropriate exploitation costs actually incurred.
(4) Any processing or transformation of the reserved goods is always carried out for Bori GmbH as the manufacturer. If the reserved goods are processed with other items that do not belong to Bori GmbH, Bori GmbH acquires co-ownership of the new item in proportion to the value of the reserved goods (total gross price) to the other processed items at the time of processing. If the (co-)ownership of Bori GmbH expires through combination or mixing, the contracting parties agree now that the end customer's (co-)ownership of the uniform item will be transferred to Bori GmbH in proportion to the value. The end customer stores the (co-)property of Bori GmbH free of charge.
Patent Infringement/Copyrights
(1) If the goods are manufactured and delivered in a version specifically prescribed by the end customer, the end customer guarantees that the execution does not infringe the rights of third parties, in particular patents, utility models, trademarks and other protective rights and copyrights. In such a case, the end customer is obliged to indemnify Bori GmbH from all third-party claims that may arise from such a violation.
(2) Bori GmbH reserves the ownership and copyright to cost estimates and other documents; They may only be made accessible to third parties with the prior consent of Bori GmbH. Drawings and other documents belonging to offers must be returned to Bori GmbH by the end customer upon request.
Applicable law, place of performance, place of jurisdiction and partial invalidity
(1) German law applies exclusively to all legal relationships between Bori GmbH and the end customer, excluding the provisions of the United Nations Convention on the International Sale of Goods of April 11, 1980 (CISG).
(2) The place of performance for the services of Bori GmbH is Wennigsen.
(3) The contract language is German. For end customers outside German-speaking countries, a translation into English will be included as part of the contract. In the event of discrepancies between the German and English versions of the contract, the German version always applies.
(4) Should one or more provisions be or become wholly or partially ineffective, this will not affect the validity of the remaining provisions. The same applies in the event of a regulatory gap.
Bori GmbH
As of: August 2022
Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.