Terms and Conditions

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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Jurisdiction
11. Code of Conduct
12. Alternative Dispute Resolution


1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of BOLTEV Ventures GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 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
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but are used to enable the Customer to make a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive in this respect, or
- by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the An offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time when the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the customer has submitted their order. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting their order, the order data will be archived on the seller’s website and can be retrieved free of charge by the customer via their password-protected user account using the corresponding login data.
2.6 Before placing a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract due, unless the parties have agreed on a later due date.
4.4 If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT”. The payment transaction is then carried out immediately by “SOFORT” and the customer’s bank account is debited. Further information on the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.
4.5 If one of the payment methods offered via the payment service “Shopify Payments” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. For processing payments, Stripe may use additional payment services for which special payment conditions may apply, and the customer may be informed of these separately where applicable. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions
5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing shall be decisive for the processing of the transaction.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for sending the goods if the customer effectively exercises their right of withdrawal. As regards the costs of return shipping, the provision made in the seller’s cancellation policy shall apply when the customer effectively exercises their right of withdrawal.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the item over to the forwarder, the carrier, or the other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, even in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the item over to the forwarder, the carrier, or the other person or institution designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier, or the other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the seller is not responsible for the non-delivery and that the seller has concluded a specific covering transaction with the supplier with due care has. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.

6) Retention of title
If the seller makes an advance payment, they retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
7.1 Unless otherwise stated below, the provisions of statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:
7.2 If the customer is acting as an entrepreneur,
- the seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, claims and rights due to defects are excluded;
- the limitation period shall not restart if a replacement delivery is made within the scope of liability for defects.
7.3 The above limitations of liability and reductions of time limits shall not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller 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,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.6 If the customer is acting as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
8.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
8.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the actual entitlement of the respective voucher holder.

9) Applicable Law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall apply 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) Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's place of business.

11) Code of Conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.