Terms and Conditions
(updated: August 1, 2017)
All offers, purchase agreements, and deliveries based on orders that our customers (hereinafter “customer” or “you”) place through the online shop on the website http://www.thebluesheepfarm.com (hereinafter “online shop”) of the company The Bluesheepfarm GmbH, headquartered in 50259 Pulheim, Germany and identified as the supplier in the website legal notice (hereinafter “provider” or “we”), are subject to these general terms and conditions (hereinafter “GTC” for short).
1 Scope, definitions
(1) The business relationship between you and us is exclusively subject to the version of the following GTC that is in force at the time of the order.
(2) The offer of products in our online shop is intended equally for you as a consumer or entrepreneur.
(3) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent business activity. By contrast, an entrepreneur is any natural or legal person or legal partnership that, upon conclusion of the contract, engages in trade in exercising its commercial or independent business activity.
(4) The customer’s terms and conditions are not applicable, even if we have not separately refused consent to their application in individual cases.
2 Contract conclusion
(1) The display of a product that is identified as available in our online shop constitutes a binding offer for conclusion of a purchase agreement with you. We deliver only in household amounts (up to five products).
(2) The purchase agreement is concluded when you accept the offer of the products contained in your shopping cart by clicking the “Confirm order” button (acceptance declaration). For technical reasons, you can only issue and transmit your acceptance declaration if you have accepted these GTC and have thus incorporated them into your acceptance declaration.
(3) If you have selected the payment method “PayPal” or “Immediate transfer,” then the contract is only concluded once you confirm the payment authorization.
(4) Where necessary, we will then send you an automatically generated order confirmation by email.
(5) The display of a product that is identified as unavailable in our online shop does not constitute a binding offer for conclusion of a purchase agreement with you. In this case, however, you have the option, if you are interested, of sending us an inquiry about the currently unavailable product by clicking the “availability request” button. In accordance with your preferences, we will notify you of when the product is expected to become available again and/or will inform you immediately by email when the product becomes available again.
(5) The agreements with you are concluded exclusively in German or English, depending on whether you place the order through the German or English page of the online shop. If your order is placed through our German site, then only the German version of the GTC is definitive. If the order is placed through our English website, then only the English version of the GTC is definitive.
(6) Any customer that is a consumer is entitled to cancel his request and return the goods in accordance with the special cancellation instructions that are communicated to him in the course of the ordering process. For technical reasons, you can issue and transmit your acceptance declaration to us only if you have confirmed that you have taken note of these cancellation instructions.
3 Due date of the purchase price, payment methods
(1) The purchase price is due upon conclusion of the contract.
(2) You may select from among the following payment methods; fees may be due where applicable, which will be taken into account during the ordering process:
(a) Immediate transfer: For this payment method, you must have an online-enabled bank account denominated in Euros. The debit is carried out in real time upon placement of the order. Your payment is made securely by online transfer using your bank’s online banking system.
(b) Prepayment: We provide you with our bank details in the order confirmation and deliver the goods upon receipt of payment. Please include your order number and make sure that possible bank fees are not subtracted from the transfer amount (“OUR” fee variant). If the complete invoice amount has not been credited to our bank account within one week after the transmission of our order confirmation, then we are entitled to withdraw from the agreement.
(c) PayPal: You must have a PayPal account in which you can record your credit card numbers and/or bank data, or be able to register as a guest. When this payment method is selected, payment processing occurs in real time, i.e. when you place the order, a debit from your PayPal account is sent to our PayPal account. The credit, however, is posted to our bank account later.
4 Shipping options and shipping costs
(1) Our products are shipped by parcel shipping, provided by transport companies specified by us.
(2) The products ordered through our online shop are given to the transport operator in transport packaging specially designed for parcel shipping in order to ensure safe transport of the product.
(3) If you are a consumer, then we bear the risk.
(4) The ordered product is sufficiently insured against customary transport risks.
(5) The shipping costs will be indicated to you on the order form as part of your order placement. The shipping costs are to be paid by you unless you are exercising your right as a consumer to cancel. In this case, however, you must pay the direct costs of returning the products in case of a return.
5 Price information
(1) The prices mentioned in the online shop are charged in Euros, even if they may sometimes be indicated in a foreign currency.
(2) The net product prices are determined by us from country to country.
(3) For deliveries to a non-EU country (export deliveries), we have no influence on the duties (customs, taxes, fees) charged by recipient countries and also cannot communicate these to you in advance. The customs regulations of recipient countries are not standardized. If you should require more precise information, please contact the customs office responsible for your region. Please make sure that you comply with the respective national regulations when importing products that you have ordered.
(4) The final price for the deliveries that you are to pay to us is composed of the following items:
(a) Delivery to an EU country: net order value plus net shipping costs plus sales tax required by law.
(b) Export delivery: net order value plus net shipping costs. Any applicable additional costs (customs, import duties, etc.) must be paid by you as the importer, not by us as the exporter.
(5) If a shipment must be sent again at your request for reasons that are your responsibility, then you must pay any additional costs incurred as a result.
6 Transfer of risk
(1) We are only liable for the prompt, orderly transfer of the products you have ordered to the transport company and are not responsible for delays caused by the transport company. A shipping time indicated by us is therefore provided without obligation.
(2) If you are a consumer, then the risk of accidental loss, damage, or destruction of the delivered product is transferred to you when it is delivered to you or when you fall into default of acceptance. In all other cases, the risk is transferred to you upon delivery of the product to the transport company.
7 Shipping time, delivery restrictions, reservation of proprietary rights
(1) We will transfer the product you have ordered to the transport company at most three business days after transmitting our order confirmation; if you select the payment method “Prepayment,” then we will do so within three business days after the full invoice amount has been credited to our bank account.
(2) If no delivery time or no or other delivery time is indicated in our online shop, then within the EU, the delivery will take place within one to four business days with standard shipping. For export deliveries, we will if necessary inform you of the estimated delivery time provided to us by the transport company.
(3) The ordered products remain our property until payment is completed (reservation of proprietary rights).
(1) Every product is crafted by hand. You have therefore decided to purchase a product that is artisanally that is produced according to the highest quality standards and is not a mass-produced industrial product. Slight variances in weight, shape, or color are inevitably part of the artisanal production process.
(2) Before the ordered product is delivered to the transport company, we check for proper condition of the product and its transport packaging.
(3) We are liable for physical defects in accordance with the applicable legal provisions.
(4) If you are an entrepreneur, then unlike the above, the following apply:
(a) The warranty period for goods delivered by us is twelve months.
(b) You are required to carefully check the delivered products immediately after shipping. The delivered product is considered to have been accepted by you if we are not notified of an existing defect (i) within five business days after delivery in case of obvious defects or (ii) within five business days after discovery of the defect.
(1) Claims for damages are excluded.
(2) Exceptions to this are claims for damages arising from the loss of life, bodily injury, or damage to health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages arising due to intentional or grossly negligent breach of obligations of the supplier, its legal representatives, or vicarious agents. Essential contractual obligations include those that must be met in order to achieve the objective of the contract.
(3) In the event of a breach of essential contractual obligations, we are only liable for foreseeable damages that are typical with this type of contract if these have been caused through simple negligence, unless claims for damages made by the customer are based on a loss of life, bodily injury, or damage to health.
(4) The restrictions in paragraphs 2 and 3 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
(5) The provisions of product liability law remain unaffected.
10 Cancellation instructions
(1) If you are a consumer, you have a legally guaranteed right to cancel any long-distance transaction you have completed; the following information about this is furnished in accordance with the template provided by law. Section (2) contains a cancellation form template.
You have the right within fourteen days to cancel this contract without stating any reasons.
The cancellation time limit is fourteen days from the day on which you have taken possession of the goods or a third party that you designate and is not the carrier has done so.
In order to exercise your cancellation right, you must inform us,
The Bluesheepfarm GmbH
An der Rittersgrube 21
by means of a clear declaration (e.g. a letter sent by mail, fax, or email) of your decision to cancel this contract. You may use the enclosed cancellation form template for this purpose, but this is not required.
If your notice that you are exercising your cancellation right is sent before the time limit expires, then this is enough to constitute compliance with the cancellation time limit.
Consequences of cancellation
If you cancel this contract, we must reimburse immediately you for all payments that we have received, including delivery costs (except for the additional costs incurred by the fact that you have selected a different kind of delivery than the favorable standard delivery offered by us), doing so by no later than fourteen days from the date on which we receive the notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the original transaction unless something to the contrary was expressly agreed up on with you; under no circumstances will you be charged a fee for this reimbursement.
We can refuse to make the reimbursement until we have received the returned goods or until you have furnished proof that you have sent the products back, whichever is earlier.
You must surrender or return the goods to us immediately and in any case, no later than fourteen days from the day that you inform us of the cancellation of this contract. The time limit has been complied with if you send us the goods before the fourteen-day time limit expires.
You must pay the direct costs of sending the goods back.
You only have to pay for any of the goods if this loss of value is due to actions taken by you that are not required for testing the condition, properties, and function of the goods.
– End of cancellation instructions –
(2) By law, the supplier shall provide information about the cancellation form template as follows:
Cancellation form template
(If you wish to cancel the contract, please fill out this form and return it to us.)
The Bluesheepfarm GmbH
An der Rittersgrube 21
— I/we (*) hereby cancel the contract concluded by me/us (*) regarding 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 with paper notification)
(*) Strike whichever does not apply
(3) If you exercise your cancellation right as the consumer, then we must bear the costs of standard shipping. In the event of a cancellation, you must bear the direct costs of the return shipment. We ask that you please make the return in the original packaging since its design permits return transport with the least possible amount of damage.
We expressly inform you that the products offered for sale in our online shop and images of them are subject to copyright protection in various ways. You are not authorized to duplicate, copy, edit, print, and/or publish the products and their images.
12 Final provisions
(1) Contracts between the supplier and the customer are subject to the law of the Federal Republic of Germany with the exception of the UN Sales Convention.
(2) If the customer is a businessman, a legal entity under public law, or special entity under public law, then the legal jurisdiction for all disputes arising from contractual relations between the customer and the supplier is the one that applies to the supplier’s headquarters.
(3) In the event that individual provisions of the contract become invalid, its remaining parts shall remain binding. In lieu of the invalid provisions, where present, statutory provisions shall apply. If this would result in an unreasonable hardship for one of the contracting parties, then the contract shall be invalidated in its entirety.