Terms & Condition

General Terms and Conditions of BLUFIXX GmbH

1. Contractual Partner, Scope of Application

1.1. The sales contract (“sales contract”) is concluded with BLUFIXX GmbH,     
       Rodenkirchenerstr. 200, 50389 Wesseling (“BLUFIXX”).

1.2. The following GTC shall apply exclusively to all orders placed by consumers and
       entrepreneurs via the BLUFIXX online shop.

1.3. Counter-confirmations, counter-offers or other references of the respective contractual
       partner of BLUFIXX, with reference to its terms and conditions, are hereby rejected by
       BLUFIXX. Deviating conditions shall only apply if this has been expressly confirmed in
       a written form by BLUFIXX.

1.4. A consumer is any natural person who concludes a legal transaction for purposes which
       can predominantly neither be attributed to his commercial nor to his self-employed
       professional activity. An entrepreneur is a natural or legal person or a partnership with
       legal capacity who, when concluding a legal transaction, acts in the exercise of his
       commercial or self-employed professional activity.

1.5. These GTC also apply to future business relations with entrepreneurs without BLUFIXX
       having to refer to them again.

2. Contractual partner, Conclusion of Contract

2.1. The presentation of the products in the BLUFIXX online shop is not a legally binding
       offer, but a non-binding online catalogue. You can initially place BLUFIXX products in
       the shopping cart without obligation and correct your entries at any time before
       submitting your binding order by using the correction aids provided and explained in the
       order process. By clicking the order button you place a binding order for the goods
       contained in the shopping basket. The confirmation of the receipt of the order takes place
       immediately after sending via an automated e-mail. BLUFIXX will check the order and
       confirm the conclusion of the purchase contract with a separate e-mail confirmation. With
       this e-mail confirmation, the sales contract between you and BLUFIXX has been

2.2. The languages available for the conclusion of the contract are German and English.

2.3. BLUFIXX saves the text of the contract and sends you the order data and the applicable
       General Terms and Conditions by e-mail. You can also view and download the General
       Terms and Conditions here on this page at any time. You can view your past orders in the
       customer login of the BLUFIXX online shop.

3. Terms of Delivery

3.1. In addition to the indicated product prices, shipping costs will be added. You can find out
       more about the shipping costs in the offers.

3.2. BLUFIXX only delivers by mail. Unfortunately, it is not possible to collect the goods

4. Payment

The following payment methods are available in the BLUFIXX online shop:

4.1. Credit Cart

Your credit card will be charged when your order is completed.

BLUFIXX will not charge you anything if you choose the credit card payment method.

4.2. Paypal

You pay the invoice amount via the online provider Paypal. As a matter of principle, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. You will receive further information during the ordering process.

If you choose the payment method Paypal/Paypal Express, BLUFIXX will not charge you any costs.

4.3. Invoice

Only possible for commercial customers who have already been supplied by BLUFIXX.

4.4. SOFORT  Transfer

BLUFIXX also offers SOFORT transfer. BLUFIXX receives the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank code, PIN and TAN. Using the secure payment form of SOFORT GmbH, which is not accessible to merchants, SOFORT automatically sets up a bank transfer in real time in your online bank account. The purchase amount is transferred immediately and directly to the bank account of BLUFIXX. If you choose the payment method SOFORT transfer, a pre-filled form will open at the end of the order process. This already contains the bank details of BLUFIXX. In addition, the form already displays the transfer amount and the purpose of the transfer. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as for online banking registration (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, every Internet user can use the SOFORT transfer as payment method if he has an activated online banking account with PIN/TAN procedure. Please note that for a few banks the  SOFORT transfer is not yet available.

If you choose the SOFORT transfer payment method, BLUFIXX will not charge you any costs.

4.5. Amazon Pay

With Amazon Pay you use the payment and shipping information stored in your Amazon account. All you need is your Amazon login data. As a matter of principle, you must be registered there or register first, identify yourself with your access data and confirm the payment order to BLUFIXX. Further information on how to get to the payment provider’s site can be found during the order process.

If you choose Amazon Pay, BLUFIXX will not charge you any costs.

4.6. Purchase on account via Klarna

In cooperation with Klarna, BLUFIXX offers invoice payment as an option. When paying with Klarna, you never have to provide your account details and you only pay when you have received the goods. For Klarna Invoice payment methods, delivery to a delivery address other than the billing address is not possible. Shipping and billing address must match your registered address. We ask for your understanding. When purchasing on account with Klarna, our claim is assigned to Klarna AB. In this case you can only pay Klarna AB with debt-discharging effect. Further information and Klarna’s complete terms and conditions for invoice purchase can be found here: https://online.klarna.com/villkor_en.yaws?eid=52905&charge=0

If you select the invoice via Klarna, BLUFIXX will not charge you any costs.

5. Right of withdrawal

Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of withdrawal.

6. Retention of Title

6.1. The goods remain the property of BLUFIXX until full payment has been received.

6.2. In addition, BLUFIXX retains title to the goods until all claims arising from an ongoing
       business relationship have been settled in full. You may resell the reserved goods in the
       ordinary course of business; you assign to BLUFIXX in advance all claims arising from
       such resale – irrespective of any combination or mixing of the reserved goods with a new
       item – in the amount of the invoice amount, and BLUFIXX accepts this assignment. They
       remain authorised to collect the claims. However, BLUFIXX may also collect receivables
       itself if you do not meet your payment obligations.

7. Transport Damages

7.1. The following applies to consumers: If goods are delivered with obvious transport
       damage, please complain about such errors to the deliverer as soon as possible and
       contact BLUFIXX immediately. Failure to make a complaint or contact us has no
       consequences for your legal claims and their enforcement, especially your warranty
       rights. However, they help BLUFIXX to assert its own claims against the carrier or
       transport insurance.

7.2. The following applies to entrepreneurs: The risk of accidental loss and accidental
       deterioration passes to you as soon as BLUFIXX has delivered the item to the freight
       forwarder, the carrier or any other person or institution designated to carry out the
       shipment. Among merchants, the duty to examine and give notice of defects regulated in
      § 377 HGB (German Commercial Code) applies. If you fail to make the notification
      stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if BLUFIXX has fraudulently concealed a defect.

8. Warranties and Guarantees

8.1. Unless expressly agreed otherwise below, the statutory liability for defects law shall

8.2. For consumers, the limitation period for claims for defects in used goods is one (1) year from delivery of the goods.

8.3. For entrepreneurs, the limitation period for warranty claims is one (1) year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

8.4. Only our own information and the manufacturer’s product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.

8.5. If the delivered item is defective, BLUFIXX shall, at its own discretion, initially provide warranty to companies by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

8.6 The foregoing restrictions and reductions in time periods shall not apply to claims based on damage caused by BLUFIXX, its legal representatives or vicarious agents.

  • in the event of injury to life, limb or health;
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent;
  • breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations);
  • within the scope of a guarantee promise, if agreed;
  • insofar as the scope of application of the Product Liability Act has been opened up.

8.7. Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the shop.

9. Liability

9.1 BLUFIXX 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 case of intentional or grossly negligent breach of duty;
  • in the case of guarantee promises, if agreed;
  • insofar as the scope of application of the Product Liability Act has been opened up.

9.2 In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely
      (cardinal obligations) through slight negligence on the part of BLUFIXX, its legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the
      contract, the occurrence of which must typically be expected.

9.3 Claims for damages due to obvious material defects of the delivered goods shall, however, be excluded if BLUFIXX does not notify the defect within a period of two (2) weeks after delivery of the goods.

9.4 All other claims for damages are excluded.

10. Online dispute resolution

      Online settlement of disputes in accordance with Art. 14 para. 1 ODR-VO: The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu

11. Closing provisions

11.1. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from
        contractual relationships between BLUFIXX and you shall be the courts within the jurisdiction of BLUFIXX’s registered office.

Stand: September 2016

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter http://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.