Terms and Conditions

1. Scope – Definitions

1.1 These general terms and conditions apply to orders placed through the online shop of Böhmerwald-Reisen & Betriebs GmbH, Siegmund-Adam-Straße 51-54, 93458 Warzenried, telephone: 09947 2000, e-mail: info@hotel-boehmerwald.de (also referred to as „we“ or „seller“) and customers.

1.2 Customers can be both adult consumers and entrepreneurs.

1.3 Consumer is any natural person who concludes a legal transaction for purposes that cannot be primarily attributed to their commercial or self-employed professional activity.

1.4 Entrepreneur is a natural or legal person or a legal partnership that acts when concluding a legal transaction in the exercise of its commercial or independent professional activity.

1.5 If working days are specified as deadlines, they mean all weekdays, excluding Saturdays, Sundays and legal holidays.

1.6 Any conditions of the customer that contradict these terms and conditions or deviate from them will not be accepted, unless we have expressly agreed to their validity.

1.7 Individual agreements reached in individual cases with the customer take precedence over these terms and conditions in all cases.

 

2. Conclusion of the contract – possibilities for correction

2.1 The presentation of the products in the online shop or catalogue/promotional flyer does not constitute a legally binding offer, but an invitation to place an order.

2.2 The customer can select products from our range in the online shop without obligation and collect them in a so-called virtual shopping cart via the „add to cart“ button on the website. The shopping cart can be accessed at any time via the „show cart“ button or the shopping cart icon on the website. Within the shopping cart, the customer can change the product selection and also delete the product from the shopping cart. To complete the purchase, the customer clicks on the „checkout“ button. The customer can then enter the delivery address and choose the payment method. Before placing the order, the customer is once again shown the shopping cart and the shipping address, the payment method, and the shipping costs. The customer can change the information by clicking on the „start“ button or the shopping cart. The ordering process can be terminated at any time by closing the browser. The customer can also correct the order at any time by clicking the „BACK“ button in their browser. Through the „Order subject to payment“ button, the customer submits a binding request to purchase the goods in the shopping cart in the online shop. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is again listed and the customer can print it out using the „Print“ function of their program (order confirmation). This automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request.

2.3 A purchase contract will only come into effect with the seller’s express confirmation of the order or shipment of the goods within 7 working days.

2.4 If advance payment is agreed upon for orders, the contract is concluded upon providing the bank details and the payment request. If the advance payment has not been received by the seller by a time of 10 calendar days after sending the payment request despite a reminder, the seller will withdraw from the contract with the consequence that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and the seller without further consequences. In the case of direct debit (if offered), the purchase contract is concluded upon debit.

2.5 No purchase agreement will be concluded regarding products that are not listed in the order confirmation.

 

3rd prizes

3.1 All prices are expressed in Euro, including statutory sales tax and all other price components, plus any delivery and shipping costs unless a free delivery option is agreed upon.

 

4th payment option / Due date

4.1 The purchase price is due immediately for payment and must be paid by the customer using the payment methods offered by the seller. Insofar as we deliver to consumers by cash on delivery or invoice, the due date for payment of the purchase price shall be upon receipt of the goods.

4.2 If the goods are collected from the seller (if offered) or delivered personally by the seller (if offered), cash payment is also possible upon delivery.

 

5. Delivery area, delivery time

5.1 We deliver exclusively within the territory of the Federal Republic of Germany.

5.2 Shipping to packing stations is not possible.

5.3 Unless a different delivery period is specified in the article description, the goods will be delivered within 7 working days after the contract is concluded.

5.4 If prepayment is agreed upon as payment, delivery will be made within 7 working days after receipt of payment (approx. 2-3 days after your payment instruction), unless a different delivery time is specified for the item.

 

6. Return costs in the event of exercising the right of withdrawal

6.1 The customer bears the costs of returning the product in the event of exercising the right of withdrawal.

 

7. Storage of the contractual provisions

7.1 The contract terms and order details are stored with us.

7.2 After placing the order with us, the order details and the General Terms and Conditions will be sent to the customer by e-mail. The customer can save this information in a retrievable form or print it out using their internet browser.

7.3 Before submitting the online order, the contract data can be printed out by the customer using the browser's print function or by pressing the Ctrl-P key combination, or stored electronically using the Ctrl-S key combination.

7.4 Furthermore, for security reasons, the customer has no right to withdraw from the closed contract.

 

8. Ownership reservation

8.1 The delivered goods remain the property of the seller until the full payment of the claims is made.

 

9. Warranty

9.1 The statutory warranty rights apply.

 

10. Applicable law, place of jurisdiction, language of the contract

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Law. In the event that the customer is a consumer, this applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 If the customer is a merchant, a legal person under public law or a special public-law entity, or is not domiciled in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Cham. We are also entitled to sue the customer at their general place of jurisdiction.

10.3 The contract language is German.

 

11. Reference to the EU dispute resolution platform and references under the VSBG

11.1 The European Commission is providing a platform for online dispute resolution (OS platform). This allows consumers to resolve disputes related to their online order initially out of court. The OS platform can be accessed via the following link: https://ec.europa.eu/consumers/odr . Our email is: info@der-boehmerwald.de

11.2 We are not obliged to participate in a dispute resolution procedure before a consumer arbitration body and are not prepared to do so.

 

12. Right of revocation

If you enter into a contract with us as a consumer, you have the following right of withdrawal.

Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us

Böhmerwald-Reisen & Betriebs GmbH
Siegmund-Adam-Straße 51-54
93458 Warzenried

Phone: 09947 2000
Email: info@hotel-boehmerwald.de

Inform by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to revoke this contract. You may use the attached sample revocation form for this, which is not mandatory.

To maintain the revocation period, it is sufficient to send the notification about exercising the right of revocation before the expiry of the revocation period.

 

Consequences of the revocation

If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless you have expressly agreed otherwise. In no case will you be charged for this refund. We may withhold the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You must only bear the cost of any loss in value of the goods if this loss in value is due to handling them in a way that is not necessary to check the quality, characteristics and functionality of the goods.

 

Notes:

The right of withdrawal does not exist in contracts.

• for the provision of services in the areas of accommodation for purposes other than residential purposes, the transport of goods, the rental of motor vehicles, the delivery of food and beverages, as well as for the provision of other services related to leisure activities, where the contract provides for a specific date or period for the provision of the services;
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded
• for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal was removed after delivery
• Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery

 

Model revocation form

If you wish to cancel the contract, please fill out this form and send it back to:

Böhmerwald-Reisen & Betriebs GmbH Siegmund-Adam-Straße 51-54 93458 Warzenried     Email: info@hotel-boehmerwald.de   I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)   Ordered on (*)/received on (*) ________________________________________________   Name of the consumer(s) _________________________________________________   Address of the consumer(s) ______________________________________________   Signature of the consumer(s) (only when communicated on paper) ___________________   Date ___________________

(*) Strike out the incorrect part.