Terms and Conditions
General Terms and Conditions
for the online shop at https://arabella-bodensee.de/
by
Arabella-Bodensee
Kornstr. 3
88045 Friedrichshafen
Germany
Phone: +49 1590 1053705
Email: info@arabella-bodensee.de
(hereinafter: Provider)
for the sale of products to consumers
(hereinafter: Customers)
Scope of Application
The sale of the provider’s products offered through the online shop at the above-mentioned URL is conducted exclusively based on the following General Terms and Conditions (GTC) in the version valid at the time of contract conclusion.
These GTC apply exclusively. Conflicting or deviating terms and conditions of the customer do not apply unless expressly agreed upon by the provider and the customer.
Unless otherwise agreed, these GTC also apply to the following contracts:
Delivery of vouchers
Definition, Limitation
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to a commercial or self-employed professional activity.
The subject of the contract is the one-time delivery of goods.
Conclusion of Contract
The offers on the provider’s website constitute a non-binding invitation to the customer to order products (goods). By submitting the order (clicking the “buy now” button) on the provider’s website, the customer makes a binding offer to conclude a contract.
The confirmation of receipt of the order follows immediately after the order is submitted and generally does not yet constitute acceptance of the contract. The provider may accept the offer within five days by sending a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the customer being decisive in this respect, or by delivering the ordered goods, with the receipt of the goods by the customer being decisive in this respect, or by requesting payment from the customer after the order is placed. If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the provider does not declare acceptance within the aforementioned period, this is considered a rejection, with the consequence that the customer is no longer bound by his declaration of intent.
When submitting an offer via the provider’s online order form, the contract text is stored by the provider and sent to the customer in text form (e.g., email, fax, or letter) along with these GTC after the order is submitted.
Before bindingly submitting the order via the provider’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The contract can be concluded in German, English, and Arabic.
Special Conditions for the Processing of Goods According to Specific Customer Requirements
If the content of the contract obligates the provider, in addition to the delivery of goods, to process the goods according to specific customer requirements, the customer must provide the provider with all content necessary for the processing, such as texts, images, or graphics, in the specified file formats, formatting, image, and file sizes, and grant the provider the necessary usage rights. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the provided content. In particular, the customer must ensure that no third-party rights are violated, especially copyright, trademark, and personal rights.
The customer indemnifies the provider against claims by third parties that may arise in connection with the provider’s contractual use of the customer’s content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the legal violation. The customer is obligated to provide the provider with immediate, truthful, and complete information necessary for the examination of claims and defense in the event of a claim by third parties.
The provider reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or public morals. This applies in particular to the provision of anti-constitutional, racist, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.
Redemption of Promotional Vouchers
Vouchers issued by the provider as part of promotional campaigns with a specific validity period, which are provided free of charge and cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”), can only be redeemed on the provider’s website under the corresponding conditions.
Promotional vouchers can only be redeemed by consumers.
Certain products may be excluded from the voucher promotion if such a restriction is evident from the content of the promotional voucher.
If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods provided by the provider can be chosen to settle the difference.
The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
The promotional voucher is transferable. The provider can perform with discharging effect to the respective holder who redeems the promotional voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity, or lack of authorization to represent the respective holder.
Redemption of Gift Vouchers
Vouchers that can be purchased through the provider’s website (hereinafter referred to as “gift vouchers”) can only be redeemed on the provider’s website, unless otherwise stated on the voucher.
Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiration date.
Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
If the value of the gift voucher is insufficient to cover the order, one of the other payment methods provided by the provider can be chosen to settle the difference.
The gift voucher is transferable. The provider can perform with discharging effect to the respective holder who redeems the gift voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity, or lack of authorization to represent the respective holder.
Payment
The prices listed on the provider’s website at the time of the order apply. All prices include statutory VAT and the shipping costs listed at the time.
The payment methods listed on the provider’s website are available.
If the customer is in default of payment, the provider is entitled to charge default interest of five percentage points above the base interest rate of the European Central Bank to consumers. If the provider claims further damages due to default, the customer has the opportunity to prove that the claimed damages did not occur or are lower.
Delivery
The delivery periods can be found on the provider’s website. The provider will indicate any differing delivery times on the respective product page. The start of the delivery period specified by the provider presupposes the timely and proper fulfillment of the customer’s obligations, in particular the correct provision of the delivery address during the order process.
If the provider offers the goods for free collection, the customer can pick up the ordered goods during the business hours specified by the provider at the address provided by the provider.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. However, the risk of accidental loss and accidental deterioration of the sold goods also passes to the consumer as soon as the provider has handed the goods over to the carrier, the freight forwarder, or any other person or entity designated to carry out the shipment, if the customer has independently commissioned the carrier, the freight forwarder, or the other person or entity designated to carry out the shipment.
Vouchers are provided to the customer as follows:
via download
via email
Warranty
The statutory warranty provisions apply. However, for contracts involving the delivery of goods, the following applies:
If the customer is a consumer, the following limitation applies to contracts for the delivery of used goods: The limitation period for warranty claims is one year from the delivery of the goods, provided that this has been expressly and separately agreed upon between the parties and the customer has been specifically informed of the shortened limitation period before submitting their contractual declaration.
The aforementioned limitations of liability and reductions of limitation periods do not apply:
to claims for damages and reimbursement of expenses by the customer
in cases where the provider has fraudulently concealed the defect
for goods that have been used in accordance with their customary use for a building and have caused its defectiveness
If the customer is a consumer, they are required to report obvious transport damages to the delivered goods to the deliverer and inform the provider of this. Failure to do so does not affect the customer’s statutory or contractual warranty claims.
Liability
The provider is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
- The provider is fully liable for any legal reason in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, based on a guarantee, unless otherwise regulated, or due to mandatory liability such as under the Product Liability Act.
- If the provider negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damages, unless full liability applies according to the preceding clause. Material contractual obligations are those that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract, and on whose compliance the customer may regularly rely.
Otherwise, the provider’s liability is excluded.
The above liability regulations also apply to the liability of the provider for its vicarious agents and legal representatives.
The customer indemnifies the provider from any claims by third parties – including the costs of legal defense at the statutory rate – that are asserted against the provider due to unlawful or contract-violating actions of the customer.
Cancellation
Consumers generally have a right of cancellation. Further information on the right of cancellation can be found in the cancellation policy (https://arabella-bodensee.de/widerrufsbelehrung).
Information on Online Dispute Resolution / Consumer Arbitration
The European Commission provides an online dispute resolution platform on the internet at the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obligated to participate in a consumer arbitration procedure under the VSBG.
Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
If the customer is a merchant, a legal entity under public law, or a public-law special fund, the court at the provider’s seat is competent, unless an exclusive jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The provider’s seat can be found in the heading of these GTC.
If a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.
As of: 24.02.2025