Terms of service

Terms of Service

§1 Offer and contractual partner
(1) The online shops "www.bunami.ink" (hereinafter "shop") are offers from Bunami Ink (hereinafter "shop provider").
(2) These terms and conditions apply to all legal transactions concluded via the shop between the shop provider and consumers and entrepreneurs.
(3) The following terms and conditions apply exclusively, changes and deviating conditions of the customer are only binding if they have been expressly confirmed in writing by the shop provider beforehand.
(4) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(5) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

§2 Conclusion of contract
(1) The presentation of products and services in the shop is not a legally binding offer, but a non-binding invitation to the customer to order them in the shop. Subject to errors.
(2) By clicking on the “Add to shopping cart” button, the selected products and services are placed in the shopping cart. By clicking on the "Proceed to checkout" button, the ordering process begins, in which all the data required for order processing is recorded.
(3) By clicking on the "Order with obligation to pay" button at the end of the ordering process, the customer transmits a legally binding offer to conclude a purchase contract to the shop provider.
(4) After receipt of the order, the customer receives an automated order confirmation by email from the shop provider, which does not yet represent acceptance of the contract by the shop provider, but merely documents the receipt of the order.
(5) The shop provider can accept the customer's offer within five working days by telling the customer:
- a written order confirmation or an order confirmation sent by e-mail (the time of receipt of the order confirmation by the customer is decisive)
– delivers the ordered goods (the time of receipt of the goods by the customer is decisive)
– After placing the order, sends a request for payment (the time at which the customer receives the request for payment is decisive)
If there are several options, the contract is concluded at the point in time when one of the above options occurs first. If the shop provider does not accept the customer's offer within the above-mentioned period, it is deemed rejected. This means that the customer is no longer bound by his declaration of intent. The contract is always concluded in German.

 

§3 Cancellation policy for consumers
(1) Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. 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 goods. 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, fax or e-mail) to:
Bunami Ink
Email: info@bunami.ink
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. You can use the attached sample revocation form for this, but this is not mandatory.
Consequences of revocation:
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us about the cancellation of this contract
Bunami Ink
to be returned or handed over. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation

– – – – – – – – – –
Sample withdrawal form:
If you want to revoke the contract, please fill out this form and send it back to:
Bunami Ink
Email: info@bunami.ink
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Date:
Signature of consumer(s):
(*) Please cross out what is not applicable
– – – – – – – – – –
(2) The right of withdrawal does not apply to the delivery of goods that are made to customer specifications or clearly tailored to personal needs.
(3) The right of withdrawal applies exclusively to consumers.
§4 Availability of the goods
(1) If an ordered product cannot be delivered through no fault of the shop provider (e.g. delivery failure of the supplier), there is no obligation for the shop provider to deliver the ordered product.
In this case, the shop provider will immediately inform the customer about the impossibility of delivery, payments made will be refunded immediately.
§5 Prices and Payment
(1) The prices stated in the shop are in euros and include statutory VAT, unless otherwise stated.
(2) Payment is made after the customer has selected the payment options offered. The shop provider has the right to exclude certain payment options in individual cases.
(3) The purchase price is due immediately upon conclusion of the contract.

§6 Delivery
(1) The specified delivery periods begin on the day after the payment instruction and, in the case of payment by credit card, on the day after the customer account has been debited. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day is deemed to be the last day of the delivery period.
(3) If delivery is not possible due to an incorrectly specified delivery address, the customer must bear the costs of returning the goods and sending them again, unless he is not responsible for the incorrect information.
(4) In cases of force majeure or other events that make delivery significantly more difficult (e.g. strikes, official orders), the shop provider is not bound by these, even if binding delivery dates have been agreed. Rather, the shop provider is entitled in these cases to extend the delivery time by the period of the delivery hindrance.
§7 Passing of risk
(1) If the customer is an entrepreneur, the risk passes to the customer at the point in time at which the goods have been handed over to the service provider commissioned with the transport.
(2) If the customer is a consumer, the risk only passes to the customer when the goods are handed over by the service provider commissioned with the transport.
§8 Retention of title
(1) Delivered products remain the property of the shop provider until full payment has been made.
§9 Product specifics
(1) Slight deviations from the products shown in the shop in terms of structure, color and processing of the products are reserved. Accessories or other products shown in the product images are not part of the offer unless they are expressly included in it.
(2) The products offered are partly handmade or have a comparable character. With these products, irregularities in material and processing are possible and do not constitute a defect.
§10 Warranty
(1) If the customer is a consumer, the warranty is based on the statutory provisions.
(2) If the customer is an entrepreneur, the delivered goods must be checked immediately upon receipt. A complaint about obvious defects is only effective if it is made in writing to the shop provider within one week of receipt of the goods. For non-obvious defects, the limitation period is 12 months from handover of the item.

§11 Limitation of Liability
(1) The shop operator is only liable for damages that are due to intentional or grossly negligent behavior, unless it is an injury to life, limb and health or a breach of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damage, in particular to lost profits.
(2) Except in the case of intent, gross negligence, injury to life, limb and health and the breach of cardinal obligations, liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage that is typical for the contract. This also applies to indirect consequential damage, in particular to lost profits.
(3) Paragraphs 1 and 2 also apply to employees and vicarious agents of the shop operator.
(4) Claims for liability based on the Product Liability Act remain unaffected.
§12 Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
(2) If the customer is a merchant, a legal entity under public law, a special fund under public law, or has his registered office outside the sovereign territory of the Federal Republic of Germany, the place of jurisdiction is the registered office of the shop operator.
(3) Should one or more provisions of these General Terms and Conditions be ineffective or contradict the statutory provisions, the validity of the rest of the contract shall remain unaffected.
As of June 2020