§ 1 Scope, contractual partner

(1) These general terms and conditions apply to all orders and deliveries of goods between the Blue Mountain Store, Riesengasse 6, 63739 Aschaffenburg (hereinafter: Blue Mountain) and its customers, in the current version at the time the contract is concluded.

(2) These general terms and conditions apply exclusively. Any customer conditions that conflict with or deviate from these General Terms and Conditions will not be recognized unless Blue Mountain has expressly agreed to these in writing in individual cases.

(3) For each of the following regulations, a distinction is made as to whether the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) or an entrepreneur within the meaning of Section 14 (1) of the German Civil Code (BGB). In the case of regulations that are different for consumers and entrepreneurs, a distinction is made in the text between consumers (§13 BGB) and entrepreneurs (§14 Para. 1 BGB). If the text refers exclusively to “customer”, the regulation applies to both consumers and entrepreneurs.

§ 2 Conclusion of the contract

(1) The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. By completing an order process in the Blue Mountain online shop or sending an order to Blue Mountain by email, the customer he makes an offer within the meaning of §§ 145 ff. BGB to conclude a purchase contract with Blue Mountain. The customer receives confirmation of receipt of the order by email (order confirmation). This order confirmation expressly does not constitute acceptance of the offer, but is only intended to inform the customer that the order has been received by Blue Mountain .

(2) The contract with Blue Mountain is concluded when Blue Mountain accepts this offer by shipping the ordered product to the customer or confirming the shipping to the customer with a second email (shipping confirmation). No purchase contract is concluded for products from the same order that are not listed in the shipping confirmation. The condition for an effective conclusion of a contract is always that the ordering process is completed when the order is sent.

(3) The contract text will not be saved by Blue Mountain after the contract has been concluded. The customer can print out the order data immediately after sending it, or they can print out the email order confirmation.

(4) The language available for concluding the contract is German.

§ 3 Prices, shipping costs

(1) The prices shown in the online shop are stated in euros and include statutory VAT and other price components.

(2) The flat rate shipping fee for postage and packaging within the Federal Republic of Germany is €5.00, unless otherwise stated on the item itself. Blue Mountain delivers free shipping for orders over €80.00.

§ 4 Delivery

(1) Blue Mountain will deliver the ordered goods to the address specified by the customer in the order within approximately 1 - 3 working days after ordering, unless a different delivery period is specified in the item description. Blue Mountain is entitled to make partial deliveries and partial services at any time, provided these are reasonable for the customer. If partial deliveries are made by Blue Mountain , Blue Mountain will cover the additional postage costs.

(2) If Blue Mountain is unable to deliver the ordered goods through no fault of its own because its supplier does not fulfill its contractual obligations, Blue Mountain is entitled to withdraw from the contract with the customer. However, this right to withdraw only exists if Blue Mountain has concluded a congruent hedging transaction with the supplier in question (binding, timely and sufficient order of the goods) and is not responsible for the non-delivery of the goods in any other way. In such a case , Blue Mountain will immediately inform the customer that the ordered goods are not available. Payments already made by the customer will be refunded immediately.

(3) If Blue Mountain is prevented from fulfilling its delivery obligation due to the occurrence of unforeseen events, e.g. war, natural disasters, strikes and force majeure, and it was unable to avert these even with reasonable care given the circumstances, the delivery period will be extended appropriately. Blue Mountain will also inform the customer about this immediately. The legal rights of the customer remain unaffected.

§ 5 Retention of title

The goods remain the property of Blue Mountain until full payment has been made. Before ownership is transferred, pledging, transfer as security, processing or redesigning without his consent is not permitted.

§ 6 Due date and payment

(1) Payment can be made in advance, Paypal, instant transfer, Klarna installment and invoice purchase or by credit card.

(2) The purchase price and any shipping costs incurred are due upon conclusion of the contract.

Klarna terms and conditions

Payment by invoice and financing

In collaboration with Klarna AB (www.klarna.de) , Sveavägen 46, Stockholm, Sweden, we offer you purchase on account and installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna.

Klarna invoice

When you purchase on account with Klarna, you always receive the goods first and you always have a payment deadline of 14 days. The complete terms and conditions for purchasing on account can be found here .

Klarna installment purchase

With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). Further information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here .

§ 7 Revocation

If the customer is a consumer, he can revoke the contract 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, provided that you have ordered one or more goods as part of a uniform order and these are or are delivered uniformly;

− on which you or a third party named by you who is not the carrier took possession of the last goods, provided you have ordered several goods as part of a single order and they are delivered separately;

− on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece, provided you have ordered goods that are delivered in several partial shipments or pieces;

− on which you or a third party named by you who is not the carrier took possession of the first goods, provided that goods are delivered as part of an order for the regular delivery of goods over a specified period of time.

In order to exercise your right of withdrawal, you must contact us

Blue Mountain Store
Riesengasse 6
63739 Aschaffenburg

Telephone: +49 06021 5840912
Fax: +49 06021 5840913

Email: hello@bmstore.de

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.

Download: Blue Mountain Store cancellation form

You can also fill out and submit the sample cancellation form or another clear declaration electronically on our website at www.bmstore.de. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.

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 refund to you all payments 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 functioning of the goods.

End of revocation

§ 8 Liability for defects

(1) Blue Mountain will be liable for defects that exist when the goods are handed over to consumers for a warranty period of twenty-four months and to entrepreneurs for a period of twelve months in accordance with the legal requirements.

(2) The warranty rights of the customer, who is an entrepreneur, require that he has fulfilled his obligation to inspect and give notice of complaints in accordance with Section 377 of the German Commercial Code (HGB) in writing and immediately.

§ 9 Transport damage

(1) If the customer, who is a consumer, notices obvious transport damage upon delivery, Blue Mountain asks that you immediately complain to the delivery person and contact Blue Mountain as quickly as possible on 06021/5840912. This does not affect the consumer's statutory claims for defects. However, it makes it easier for Blue Mountain to enforce its claims against the contracted transport company.

(2) The legal regulations apply to customers who are entrepreneurs.

§ 10 Liability

(1) Blue Mountain is liable without limitation for damage caused intentionally or through gross negligence, for fraudulent concealment of defects, for assuming a quality guarantee and for bodily harm.

(2) Blue Mountain is only liable for other damage caused by simple negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and if the damage is typical due to the contractual use of the goods and are predictable. To the extent that Blue Mountain's liability is excluded or limited, this also applies to the personal liability of Blue Mountain's employees, representatives and vicarious agents.

(3) Liability under the Product Liability Act remains unaffected.

§ 11 Final provisions

(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is our place of business.

(2) These General Terms and Conditions are drawn up in German and English versions; In the event of deviations, the German version takes precedence.

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ .
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.

Aschaffenburg, June 10, 2019