By placing your order, you are making a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by email or by delivering the ordered goods. The contract is concluded in the selected language (German or English). First, you will receive confirmation of receipt of your order by email to the email address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by email or when the ordered goods are delivered, not by sending the online order or the automatic email confirmation. The email confirmation only confirms receipt of the registration or order. We reserve the right not to deliver goods at all or to deliver equivalent goods if necessary. We will inform you about this on a case-by-case basis. Your orders will be stored with us. If you lose your order documents, please contact us by email or telephone. We will be happy to send you a copy of your order details. When ordering via our online shop, the ordering process involves a total of 6 steps. In the first step, select the goods you want and then place them in the shopping cart by clicking on the “Add to cart” button (stating the specifications such as size, etc.). If you would like to purchase additional items, please repeat this step. In the second step, you either click on the PayPal button, whereby your customer data and address(es) stored there will be automatically transmitted to us after your confirmation with PayPal, or you click on “Checkout” and enter your customer data, where you can either register (Create a customer account) or order without registering (as a guest). In the third step, you check your shipping address and can correct it if necessary. Here you also select the shipping method. In the fourth step, you check your billing address and can correct it if necessary. Here you also select the desired payment method and can enter comments and messages. Furthermore, you confirm on this page that you have taken note of the right of withdrawal and that you accept our general terms and conditions of business and delivery. Otherwise you will receive relevant information and can complete your details. The ordering process can only be continued if all information has been provided. In the fifth step you can view the data protection declaration, general terms and conditions, right of withdrawal and cancellation form and check the information you have provided regarding shipping and billing address, method of payment and ordered items and change them if necessary. Here you can also print all data before ordering. In the sixth step, confirm your purchase by clicking on the “Buy now” button. You will then see a confirmation page and can print out your order with all data by clicking on the “Print” button.
We save the contract text of your order. We will also send you an order confirmation with all order details and our general terms and conditions to the email address you provided.
The delivered goods remain our property until all claims have been paid in full.
All prices are final prices and include VAT. The respective shipping costs are shown on the product pages or can be determined using the shipping cost calculator in the shopping cart on our websites. If you cancel, you will bear the direct costs of returning the goods.
We deliver goods in stock domestically to you via DHL within 1-5 working days of your order at the latest. When shipping outside the Federal Republic of Germany and within the EU, delivery usually takes 5-14 working days if the goods are available. For shipments outside the EU and to non-European countries, the delivery time depends on the shipping method (airmail / land / sea) and the recipient location. Extended delivery times may occur during our summer or winter breaks. If necessary, this will be visibly marked at the top of the website.
If you order a product that was not available according to the item description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or you do not wish a comparable product to be delivered, we will immediately refund any consideration that has already been paid. In this case too, you have the right to withdraw from the contract.
We are entitled to make partial deliveries or services provided this does not unreasonably prejudice conflicting interests. If there is a partial delivery, we will of course cover the additional shipping costs. This will not incur any additional costs for you.
The delivery time will be extended appropriately if delivery is affected by force majeure. In particular, force majeure includes subsequent difficulties in obtaining materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, transport disruptions, changes in legal provisions, official measures or regulations or the occurrence of other unforeseeable events that are beyond our control and in the case of objective circumstances From this point of view, we were not culpable. If one of the cases described above occurs, we will inform you immediately. If the impediment to performance in the above-mentioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. In this case, there are no further claims, particularly for damages. This does not apply in cases of intent or gross negligence, in the case of assurances or if essential contractual obligations are breached through simple negligence or if liability is mandatory for legal reasons in the event of foreseeable damage typical of a contract.
Only if the customer is a consumer within the meaning of Section 13 of the Civil Code, i.e. a natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity, does a statutory right of withdrawal exist, which we exercise instruct as follows:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must contact us BACINA | Owner Tatjana Bacina | Hansaallee 121| 60320 Frankfurt am Main | Germany | Email: shop@bacina.de by means of a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract. You can use the model cancellation form for this, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods. For our clothing, visibly long wear as well as dirt and stains on the product lead to a loss in value. You can avoid this by not using the product as your own and only testing it in a clean environment, as would be possible in a retail store.
Payment can be made either in advance, PayPal or instant bank transfer. We reserve the right to exclude individual payment methods. If you choose the payment method in advance, we will provide you with the bank details in the order confirmation. The total amount must be transferred to our account within 7 days, otherwise the order will be canceled and not accepted. If you pay with PayPal or instant bank transfer, your account will be debited immediately after the order is confirmed.
You will receive the invoice with the shipment of goods.
The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Basis of claims under data protection law are not covered by this liability regulation.
Our data protection declaration applies, which you can access here:
https://www.bacina.de/pages/datenschutzerklarung
When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data within the framework of the statutory provisions. When you visit our website, the IP address currently used by your PC, date and time, the browser type and operating system of your PC as well as the pages you view are logged. However, it is neither possible nor intended for us to draw conclusions about personal data. The personal data you provide to us e.g. Information you provide, for example when placing an order or by email (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided the data to us. We only pass on your data to the shipping company commissioned with the delivery to the extent that this is necessary to deliver the goods. In order to process payments, we pass on your payment data to the credit institution responsible for the payment. We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. To the extent that we use third-party services to carry out and process processing processes, the provisions of the GDPR are complied with.
Duration of storage:
Personal data that has been provided to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. If commercial and tax law retention periods must be observed, the duration of storage of certain data can be up to 10 years.
Your rights:
If you no longer agree to the storage of your personal data or if it has become incorrect, we will delete, correct or block your data upon appropriate instructions within the framework of the legal provisions. Upon request, you will receive free information about all of the personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, or for information, correction, blocking or deletion of data, please contact:
BACINA | Owner Tatjana Bacina | Hansaallee 121 | 60320 Frankfurt am Main | Germany | Tel: 069-27270111 | Email: shop@bacina.de
Links to other websites:
If we refer or link to third-party websites from our website, we cannot assume any liability or guarantee for the accuracy or completeness of the content or data security of these websites. Since we have no influence on third parties' compliance with data protection regulations, you should check the data protection declarations offered separately.
The offers on the Internet are valid as long as they are displayed on the Internet.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr . You can find our email address in our legal notice. We are neither obliged nor willing to take part in the dispute resolution process.
German law applies to all disputes arising from or due to this agreement, excluding the UN Convention on Contracts for the International Sale of Goods.
The norms of the BGB and EGBGB mentioned here and applicable to the contract are available on the Internet at www.gesetze-im-internet.de/bgb/ and www.gesetze-im-internet. de/bgbeg/ for you to find.
The place of jurisdiction for all claims arising from or based on this business relationship, including those arising from bills of exchange and checks, is Berlin, provided you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to take legal action at the court responsible for your registered office.
BACINA
Owner: Tatjana Bacina
Hansaallee 121,
60320 Frankfurt am Main
Germany
Tel.: 069-27270111
Email: shop@bacina.de
VAT ID: DE330260011
