Terms and Conditions
General Terms and Conditions for Customers
The present 'General Terms and Conditions for Customers' are applicable to the relations between Bellabona.com and the Customers.
Offer: the range of products and services offered by B that can be ordered by the Customer through the Platform.
Order: an order placed by the Customer through the Platform as regards the Offer.
Customer: a natural person (over 18 years) or legal entity placing an Order through the Platform.
Agreement: an agreement between the Customer and Bellabona.com regarding an Order and the delivery or collection of the Order.
Platform: the website(s), apps, tools and other equipment of Bellabona.com and its affiliated companies and business partners on which the Service is made available.
Service: the commercial services and/or activities that are offered to the Customer by Bellabona.com, including publication of the Offer, facilitation of the conclusion of Agreements and fulfilling Orders. The agreement with and services provided by Bellabona.com to the Customers.
2. Identity of Bellabona.com
Bella & Bona GmbH operating under the name of ‘Bellabona.com’:
Address principal place of business:
Tel: +49 151-54079664
- The present General Terms and Conditions for Customers are applicable to the Service.
- By placing an Order the Customer concludes an Agreement with Bellabona.com for delivery of the Offer selected by the Customer.
4. The Offer
- Bellabona.com publishes the Offer on the Platform after consideration.
- Allergens, ingredients present on the website are filled to best of our knowledge. Further details can be sent via an email sent to firstname.lastname@example.org
5. The Agreement
- The Agreement is effective as from the moment the Customer finalizes the Order by clicking the 'Buy now' button at the end of the the process of placing an Order through the Platform.
- After receipt of the Order, Bellabona.com will electronically confirm the Order to the Customer.
- The Agreement can only be executed by Bellabona.com if the Customer provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the (payment) data supplied or mentioned to Bellabona.com.
- The Customer is required to be available by telephone or email (as indicated when placing the Order) for Bellabona.com for information on the status of his Order.
- If the Customer decides to have the Order delivered, the Customer must be present at the delivery address indicated by the Customer in order to take receive the Order items.
- Upon delivery of the Order, the Bellabona.com could ask for identification if the Order contains alcoholic products or other products with an age limit. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, Bellabona.com will refuse to deliver the relevant products to the Customer. In this case, cancellation costs equal to the purchase price (excluding VAT) for the product with age limit may be charged to the Customer.
- Bellabona.com does not accept any liability relating to the execution of the Agreement.
6. Dissolution of the Agreement and cancellation of the Order
- Bellabona.com is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.
- If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, Bellabona.com shall be entitled to refuse any future Orders from such Customer.
- Bellabona.com is entitled to refuse Orders and cancel Agreements, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If Bellabona.com cancels an Order that has already been paid for, Bellabona.com shall transfer the paid amount into the same account as from where the payment has been made. If the Customer places Orders that appear as false or fraudulent, Bellabona.com may report this to the police.
- The Customer cannot revoke an Order with Bellabona.com, as far as the delivery of goods is concerned:
- which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g (2) no. 1 BGB);
- which can spoil quickly or whose expiry date would be exceeded quickly (§ 312g para. 2 no. 2 BGB);
- which for reasons of health protection or hygiene are not suitable for return if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB);
- if these were inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB).
- For the part of the order which does not fall under the exclusion facts mentioned above, the Customer is entitled to a right of withdrawal insofar as the Customer is a consumer within the meaning of § 13 BGB. "Consumer" is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
- At the moment the Agreement is concluded in accordance with the provisions these General Terms and Conditions for Customers, Customer is obliged to pay Bellabona.com for the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform.
- Subject to the provisions of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made.
9. Complaints settlement
- Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with Bellabona.com.
- If the Customer has a complaint as regards the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to the Bellabona.com customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Customers.
- Once the complaint has been received by Bellabona.com, the latter shall react as soon as possible, but not later than within one week, with a confirmation of receipt. Bellabona.com aims to handle the complaint as soon as possible, but not later than within two weeks.
- Complaints as described in sections 1 and 2 of this article must be filed promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with Bellabona.com.
- The European Commission manages an ODR platform. This platform can be found on http://ec.europa.eu/odr. Bellabona.com explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of Bellabona.com is email@example.com.
- Bellabona.com is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.
- When placing the Order, the Customer may also subscribe to the Bellabona.com newsletter. The Customer can unsubscribe from this newsletter by contacting the customer service (see 'Correspondence Address' in article 2 of these General Terms and Conditions for Customers). There are no other costs than the transmission costs according to the basic tariffs.
11. Inspection and correction of stored personal data
- Bellabona.com shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.
12. Bellabona.com's liability
- Bellabona.com is liable as follows:
- In the following cases Bellabona.com is liable in accordance with the statutory provisions for reimbursement of expenses and damages (hereinafter referred to as "Damages"): in case of liability under the Product Liability Act (Produkthaftungsgesetz), in case of intent or fraudulent misrepresentation, in case of gross negligence, for injury to life, body or health, upon acceptance of a warranty by Bellabona.com and in all other cases of mandatory liability.
- Bellabona.com is also liable for the culpable violation of so-called cardinal obligations for damages in accordance with the statutory provisions. Cardinal duties in this sense are all obligations whose infringement jeopardises the achievement of the purpose of the contract as well as all obligations of which the fulfilment enables the proper execution of the contract and on whose observance Bellabona.com may regularly rely. However, as far as the breach of a cardinal obligation was only slightly negligent and did not lead to injury to life, limb or health, claims for damages are limited in height to the typical foreseeable damage.
- Incidentally, claims of the Customer for damages against Bellabona.com - for whatever legal reason, in particular for material defect, lack of rights and / or breach of other obligations under the obligation or from a pre-contractual obligation (zBiSv § 311 Abs. 2 BGB) or from tort by Bellabona.com, its legal representatives, employees or agents, from § 311 a BGB– are excluded.
- Insofar as the liability of Bellabona.com is limited or excluded according to the above provisions, this also applies to the personal liability of the legal representatives, employees and agents of Bellabona.com.
- A change in the burden of proof to the detriment of the Customer is not intended with the provisions above.
- An exclusion or a restriction of claims of the Customer on default interest or on the lump sum according to § 288 Abs. 5 BGB or on compensation of the damage, which is justified in costs of the legal pursuit, is not intended with the above regulations.
- Claims of the Customer for damages expire conform their statutory time limitation.
- Exclusively the law of the Federal Republic of Germany, excluding the UN Sales Convention apply.
- If any provision of these Terms and Conditions (or any part thereof) is ineffective, this shall not affect the validity of the agreement between the customer and Bellabona.com regarding the Service or Agreements.
- These General Terms and Conditions are written in multiple languages and all versions shall have equal validity. If there is any conflict or inconsistency between the versions, the English version shall be the governing and prevailing version.