Terms and Conditions

Terms of Service

 1. Scope

For all orders via our online shop by consumers and businesses, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor in connection to their self-employment. A business is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

For businesses applies: If the business uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this. 

2. Contracting Party, Conclusion Of Contract

The purchase contract is concluded with BOLERO GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail. 

3. Contract Language, Contract Text Storage

The language available for the contract is German.

We save the contract text and send you the order data and our terms and conditions in text form. The text of the contract is no longer accessible via the Internet for security reasons. 

4. Delivery Terms

In addition to the stated product prices, shipping costs are added. You can find out more about the shipping costs in the offers.

We only deliver by dispatch. Unfortunately, a self collection of the product is not possible.

We do not deliver to packing stations. 

5. Payment

In our shop you can generally use the following payment methods: 

Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment. 

Credit Card
When placing the order, you provide your credit card details and the credit card company performs an authorization check. After your legitimacy as a legitimate cardholder, the payment transaction will automatically be completed and your card will be charged.

When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Heidelpay") to which the provider assigns his claim for payment. Heidelpay collects the invoice amount from the customer's credit card account. In the case of assignment, only Heidelpay can be made debt-discharging. The credit card is charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries even when selecting the payment method credit card payment via Heidelpay in regard to the goods, delivery time, dispatch, returns, complaints, revocation statements or credits. 

SEPA Direct Debit
By submitting the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called Prenotification). By submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be charged before the goods are shipped. The deadline for the advance notice of the date of the account debit (so-called Prenotification period) is 1 day.

When selecting the payment method direct debit via Heidelpay, the invoice amount is due upon conclusion of the contract. The payment method direct debit via Heidelpay requires a successful credit check by Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Heidelpay") ahead. If the customer is allowed to pay by direct debit after checking the creditworthiness, payment will be processed in cooperation with Heidelpay, to whom the seller will transfer his claim for payment. In this case, Heidelpay is revocably authorized to collect the invoice amount from the customer's specified account. In the case of assignment, only Heidelpay can be made debt-discharging. Direct debit takes place when the ordered goods leave the warehouse of the seller. The seller remains responsible for general customer inquiries, even if the payment method Direct Debit via Heidelpay is selected. to the goods, delivery time, dispatch, returns, complaints, revocation statements or credits.

The payment method direct debit via Heidelpay is not allowed:
- if the order value falls below the amount of 25.00 Euro,
- if the delivery address provided by the customer is not identical with the billing address, in particular if the delivery address is a packing station or a mailbox, or
- if the customer has not reached the age of 18

 

The seller also reserves the right to offer the payment method direct debit via Heidelpay only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. 

PayPal
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after sending the goods. You'll get more information during the ordering process.

When paying by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the terms of the PayPal Terms of Use, available at or, if the customer does not have a PayPal account, under the jurisdiction of Conditions for payments without PayPal account. 

Invoice
You pay the invoiced amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

If you select the payment method Invoice by Heidelpay, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price within 14 days from receipt of the invoice without deduction to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as "Heidelpay"). The payment method Invoice requires a successful credit check by Heidelpay. If, after checking the creditworthiness, the customer is allowed to pay by invoice, payment will be processed in cooperation with Heidelpay, to whom the seller will transfer his payment claim. In this case, the customer can only pay to Heidelpay with debt-discharging effect. The seller remains responsible for general customer inquiries even if the payment method Invoice via Heidelpay is selected regarding the goods, delivery time, dispatch, returns, complaints, revocation statements or credits.

The payment method Invoice via Heidelpay is not allowed,
- if the order value falls below the amount of 25.00 Euro,
- if the delivery address provided by the customer is not identical to the billing address, in particular if the delivery address is a packing station or a mailbox; or
- if the customer has not reached the age of 18

The seller also reserves the right to offer the payment method Invoice via Heidelpay only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction.

The seller also reserves the right to offer the payment method Invoice via Heidelpay only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. 

6. Withdrawal

Consumers have the statutory right of withdrawal, as described in the Right of Withdrawal. Businesses are not granted a voluntary right of withdrawal.

 

7. Retention of title

The goods remain our property until full payment.
For businesses applies in addition: we reserve the ownership of the goods until the complete settlement of all claims from the ongoing business relationship. You may resell the reserved goods in ordinary business; all claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourself, as long as you heve not met your payment obligations. 

8. Transportation Damage

For consumers applies the follwoing: if goods have been delivered with obvious transportation damage, please make a complaint, if possible immediately to the carrier and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or the transportation insurance company.

For business applies the following: the risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the goods to the carrier, the courrier or the person or institution otherwise intended to carry out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless there are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect. 

9. Warranty and Guarantees

Unless explicitly agreed otherwise below, the statutory warranty rights apply.
When buying used goods by consumers applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The sale of used goods is under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB remain unaffected.
With regard to businesses, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions which were included in the contract; we accept no liability for public statements made by the manufacturer or other advertising statements.

If the delivered goods are defective, we initially provide to businesses warranty by rectification of the defect (rectification) or by delivery of a defect-free item (replacement) at our discretion.
The above limitations and terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, returns and complaints on workdays from 9:00 am to 5:00 pm by e-mail at service@bolero-getraenke.de 

10. Liability

If you are a business, then German law applies excluding the UN sales law.

Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

AGB created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

Last updated: September 2019