Terms and Conditions
§ 1 Area of application
(1) Only the following General Terms and Conditions of Business as amended at the time of the order apply to the business relationship between us, Bungalow GmbH & Co. KG, Stiftstrasse 1 A, 70173 Stuttgart and you as the customer (hereinafter also called the “Purchaser“) for orders of goods on our web-site (www.bungalow-gallery.com).
(2) We do not recognise the purchaser’s conflicting or divergent conditions unless we have expressly agreed in writing to their application.
§ 2 Contract conclusion
(1) The only language available for the conclusion of the contract is German.
(2) The appearance of goods on www.bungalow-gallery.com does not constitute an offer on our part to conclude a purchase contract. Only your order for goods is an offer to us for the conclusion of a purchase contract. You make such a binding offer when you click on the send (Abschicken) button during the ordering process on the web-page https://www.bungalow-gallery.com/checkout/onepage/. After receiving your order we send you an email confirming receipt of your order; this email also lists the details of your order (order confirmation). This order confirmation does not represent an acceptance of your offer to conclude a purchase contract; it is issued for confirmation purposes only. The purchase contract only comes into being when we accept the offer to conclude a purchase contract. In so far as we accept your offer to conclude a purchase contract, our acceptance takes the following form: if you select the payment method “Payment in advance/Bank transfer”, your offer to conclude a purchase contract is accepted by a further email, the “pro forma invoice”. If you select the “Credit card“ or “PayPal“ payment option your offer to conclude a purchase contract is also accepted by a further email, the ”Confirmation of despatch“. No purchase contract is concluded for goods in one and the same order which are not listed in our statement of acceptance.
(3) We only wish to enter into contractual relationships with persons who have attained their majority.
§ 3 Availability of goods, cancellation of the order
(1) If you order goods which are not marked as “available for immediate delivery“ you will be informed on the web-site and in the order confirmation about the likely date after which delivery is possible.
(2) In so far as we discover when processing your order that the goods you ordered are not/no longer available, you will be specially informed by email. No purchase contract for these goods comes into being in this case.
(3) You may cancel your order at any time without giving reasons up to the point in time when your offer to conclude a purchase contract is accepted by the transmission of the proforma invoice email or the confirmation of despatch email. To do this, you simply send us an email (to firstname.lastname@example.org) indicating the order number and the goods you wish to cancel. Alternatively you can also cancel the order by phone (phone number 00 49 711 220 2000). If you do so, you will incur phone charges of 5.1 cents per minute if you use the landlines of Deutsche Telekom; charges for using a mobile phone vary but will not exceed 42 cents per minute.
§ 4 Right of revocation
- Information on your right of withdrawal -
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The period in which you may withdraw expires fourteen days from the day on which you or a third party nominated by you and who is not the carrier took possession of the goods.
In order to exercise this right of withdrawal you must clearly state to us (Bungalow Gallery GmbH, Stiftstrasse 1A, 70176 Stuttgart, phone +49 (0)711 220 2000, fax +49 (0)711 220 2002, email email@example.com) for example by means of a letter sent through the post, a fax or an email that you have decided to withdraw from this contract. If you wish you may use the attached withdrawal form although the use of this form is not obligatory.
To comply with the period for the withdrawal all you have to do is to send your letter, fax or email stating that you are exercising your right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract we must refund all the money we received from you including the delivery costs (except for any additional costs resulting from your selection of a different form of delivery from the cheapest standard delivery we offered) without delay and not later than fourteen days from the day on which we received your notification that you were withdrawing from this contract. For the repayment we will use the same method of payment as the one you used for the original transaction unless a different method was expressly agreed with you. Under no circumstances will we charge you any fees for this repayment. We may refuse to make the repayment until we have received the goods or until you demonstrate that you have despatched the goods, whichever comes first.
You must return or consign the goods to us without delay and in any event not later than fourteen days from the day on which you notified us of your withdrawal from this contract. To comply with this time period for the withdrawal you must despatch the goods before the fourteen day period expires. We will bear the cost of returning the goods. You must only compensate us for any loss in value of the goods if this loss in value is attributable to any handling of the goods which was not necessary for checking the nature, attributes and functionality of the goods. Skin care products and cosmetics can only be returned unused and in its original packaging.
- End of the information on revocation -
Exclusion of the right of revocation:
The above right of revocation only exists if you have concluded the distance selling contract as a consumer. A consumer is every natural person who concludes an act of legal significance for a purpose which can be attributed neither to their commercial activity nor their activity as a self-employed person.
Also in the case of consumers there is no right of revocation of distance selling contracts:
- for the supply of goods made according to the customer’s specification or goods which are clearly customised to personal needs or which, because of their attributes, are clearly not suited to being returned or which can rapidly deteriorate or in cases where their use-by date would be passed.
- for the supply of audio or video recordings or software in so far as the data carriers were unsealed by the consumer
- for the supply of newspapers, periodicals and illustrated magazines unless the consumer issued his contract statement by phone.
The European Commission offers the possibility for online dispute resolution on a run by their online platform . This platform can be reached at http://ec.europa.eu/consumers/odr .
§ 5 Terms and conditions of supply
(1) Unless agreed otherwise, delivery will be made to the delivery address you indicated.
(2) In the case of payment variant “payment in advance / bank transfer“ delivery will not be made until after the purchase price plus any applicable delivery charges have been received into our bank account.
(3) Deliveries will be made only to Germany and the EU countries Belgium, Denmark, France, Luxemburg, the Netherlands, Austria, Poland, the Czech Republic, Slovakia, Slovenia, Finland, Great Britain, Italy, Monaco, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Romania, Hungary, Greece, Ireland, Portugal and Spain) as well as to the non-EU countries Switzerland, Andorra, Liechtenstein, Norway and San Marino.
(4) For deliveries within Germany you may choose between “Standard Delivery “ and ”Express Saver Delivery“. In the case of Standard Delivery, the delivery time depends on the postal delivery times and is approximately one to three working days. In the case of Express Saver Delivery, the goods will be delivered by 12.00 noon on the next working day in so far as the order was placed before 5.00 pm on a working day. If orders are placed after 5.00 pm on working days or on Sundays and public holidays, the goods will be delivered by Express Saver Delivery on the next working day but one.
Only Standard Delivery is available to countries other than Germany. The delivery time within the EU (see the list in Clause 5.4 of the General Terms and Conditions of Business) is approximately 2-3 working days. The delivery time to non-EU countries (see the list in Clause 5.4 of the General Terms and Conditions of Business) is approximately 2-4 working days. The delivery time to countries where there is a liability for customs duty is approximately 2-4 working days.
(6) You are obliged to ensure that the goods are accepted only by you yourself or a person who has attained their majority and has been authorised to accept them.
§ 6 Prices, costs
(1) The prices displayed on the web-site at the time of order apply. All prices include the German Value Added Tax applicable by law at that time.
(2) The following delivery charges also apply:
Standard Delivery for deliveries within German is free of charge.
If Express Saver delivery is used, the charge for deliveries within Germany is € 18.50 including VAT per delivery.
In the case of deliveries to EU countries (see the list in Clause 5.4 of the General Terms and Conditions of Business) the delivery cost is € 16.90 including VAT per delivery.
Deliveries to non-EU countries (see the list in Clause 5.4 of the General Terms and Conditions of Business) by Standard Delivery incur a charge of € 27.50 including VAT per delivery.
(3) Additional taxes, customs duties and/or costs may be incurred in the case of delivery to countries other than Germany; these costs are not included in the price and you must pay them.
(4) If the contract is revoked you are obliged to bear the normal costs of returning the goods if the goods which were supplied correspond to the goods ordered and if the price of the goods which are returned does not exceed the sum of € 40.00 or if at the time of the revocation you have not yet paid the consideration or made a contractually agreed partial payment.
§ 7 Terms of payment
(1) The purchase price is due for payment at the time when the purchase contract comes into being.
(2) You can pay the purchase price by payment in advance/bank transfer, credit card (Visa, Mastercard, American Express) or by PayPal. You select the required type of payment during the ordering process. We reserve the right to specify one of the above payment methods as compulsory in so far as this is reasonable for you.
(3) In the case of payment in advance/bank transfer, please remit the purchase price plus any delivery charges which arise to the bank detailed in the proforma invoice email; please state the invoice number when making payment.
If you pay by credit card, the financial information for credit card transactions (card number, expiry date etc.) are automatically transmitted in an encrypted protocol without us or third parties having access to this information in any form. This information is used exclusively for payment or for cases involving reimbursement or returns.
Payment by PayPal is made using the PayPal web-site (www.paypal.de). PayPal is a payment service of PayPal (Europe) S.a.r.l. & Cie. S.C.A. Customers wishing to pay via PayPal need a customer account with PayPal.
(4) No prompt payment discount is possible.
§ 8 Retention of title
The goods we deliver remain our property until the purchase price has been paid in full.
§ 9 Liability
(1) We are liable in full for loss or damage in the case of intent and gross negligence.
(2) We are only liable for ordinary negligence in the event of loss or damage arising from loss of life, bodily injury and impairment of health or in the case of the breach of a material contractual obligation, the performance of which renders the proper performance of the contract possible, or the breach of which prejudices the achievement of the purpose of the contract and where compliance with such obligations is normally relied on by you (material contractual obligation). If material contractual obligations are infringed due to negligence, liability is limited to loss or damage which is foreseeable and typical under the contract.
(3) Statutory liability regardless of fault (e.g. under the German Product Liability Act [Produkthaftungsgesetz]) and a liability arising from any warranty promise remain unaffected.
(4) Our legal representatives, employees and vicarious agents have no liability beyond that of ourselves.
(5) At the present state of technology it is impossible to guarantee that the transmission of data over the Internet is completely free from errors and/or is available at all times. We are therefore liable neither for the permanent and uninterrupted availability of our on-line shop nor for technical and electronic faults which we cannot influence during the ordering process; we are, in particular, not liable for delays in processing or the acceptance of offers. In so far as links to other web-sites or sources are created, we are not responsible or liable for the availability of such external web-sites or sources. We accept no responsibility for the content of such web-sites or sources and exclude all liability and warranty in respect of these in so far as there is no positive information on the unlawfulness of the content in each specific case.
§ 10 Data protection
(1) We will collect, archive and use all the personal data you disclose to us as part of the ordering process (such as form of address, name, address, data of birth, email address, phone number, bank details, credit card number) and pass or transmit such data to third parties in so far as this is necessary only in accordance with the provisions of German data protection legislation (and particularly in accordance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz)).
(2) In so far as is necessary for the conclusion, content or amendment of the contractual relationship, your personal data (user data) will only be used for the processing of the purchase contracts concluded between us, for example for the delivery of goods to the address you specified. In so far as is necessary for this, the data will also be passed to third parties, particularly logistics companies (currently UPS). Any further use of your user data for the purposes of promotion, market research or for designing our products to suit market needs requires your express consent. You can give your consent before you order. Your statement of consent is entirely voluntary and can be down-loaded from our web-site; it may also be revoked at any time by post, fax or email (firstname.lastname@example.org).
The responsible party within the meaning of the applicable German data protection laws is Bungalow GmbH & Co. KG, Stiftstrasse 1A, 70173 Stuttgart.
(3) You may request from us the details of the data we have saved in respect of your person or pseudonym; this data will be provided free of charge.
(4) Google Analytics:
This web-site uses Google Analytics, a web analysis service of Google Inc. (hereinafter called “Google“). Google Analytics uses what are called “cookies“ (text files) which are saved on your computer and which make an analysis of your use of the web-site possible. The information about your use of this web-site generated by the cookie (including your IP address) is transmitted to a server belonging to Google in the USA where it is saved. Google will use this information to assess your use of the web-site in order to compile reports about the activity on the web-site for the web-site operators and to perform additional services associated with the use of the web-site and the Internet. If appropriate, Google will also pass this information to third parties in so far as this is required by law or in so far as third parties process this data on behalf of Google. Google will in no event associate your IP address with other data held by Google. You can prevent the installation of cookies by an appropriate setting of your browser; however, we wish to point out that in this case you will be unable to use all the functions of this web-site in full. By using this web-site you are stating that you agree to Google processing the data about you which Google collects for the use and purpose described above.
(5) Use of facebook social plugins:
Our web-site uses social plugins (“plugins“) of the social network facebook.com which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94034, USA (hereinafter called ”facebook“). The plugins are recognisable by one of the facebook logos (a white ”f“ on a blue tile or a “thumbs up” symbol) or are denoted by the statement “facebook social plugin“. If you access a page of our web-site containing a plugin of this nature, your browser connects directly with the facebook servers. The content of the plugin is transmitted directly by facebook to your browser and is then embedded in the web-page by your browser. As a result of the incorporation of the plugin, facebook receives the information that you have accessed the corresponding page of our web-site. If you are logged into facebook at this time, the latter can allocate the visit to your facebook account. If you interact with the plugins, for example by clicking on the “Like“ button or make a comment, the corresponding information is transmitted directly by your browser to facebook where it is saved. If you are not a member of facebook it is still possible for facebook to identify your IP address and save it. Please see facebook’s data protection information (accessible at www.facebook.com) for the extent of the data collection and the further processing and use of the data by facebook as well as your rights in this respect and the settings which are possible to protect your privacy. If you are a member of facebook and do not want facebook to collect data about you via our web-site and associate it with data it has already saved about you, you must log out of facebook before visiting our web-site.
(6) Use of retargeting cookies:
This website uses Google AdWords, Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, an therefore data is collected and stored, from which user profiles are created using pseudonyms. For this purpose, cookies may be used, which allow the recognition of an Internet browser. These usage profiles are used to analyze visitor behavior and are used to improve and tailoring our offer evaluated. The pseudonymized usage profiles are explicitly not be merged with personal data about the bearer of the pseudonym, except the person concerned agrees to. You can always disagree to the data collection and storage for the purpose of web analytics, with future effect by turning the opt-out link Google. For more information and ways to contradiction anonymous analysis of your surfing behaviour Google (click here).
This website uses in particular the retargeting tag Website Custom Audiences of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA.
In General a non-reversible and non-personally identifiable checksum (hash value) is generated from your usage data that can be transmitted for marketing and analysis purposes to Facebook. For website Custom Audiences the Facebook cookie is addressed. For more information on the scope and purpose of the data collection and the further processing and use of data by Facebook, and your setting options for protecting your privacy please see the privacy policies of Facebook, which, inter alia, can be found on Facebook Custom Audiences site (click here) and Facebook privacy information (click here). If you do not want data acquisition via Custom Audience or reject the use of Facebook Website Custom Audiences, you can disable this here.
(7) If you still have questions on the subject of data protection, please contact Mr Alexander Germann (email Alex.Germann@bungalow-stuttgart.de, phone +49 711 220 2000).
§ 11 Miscellaneous
(1) The law of the Federal Republic of Germany applies but with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This also applies if you have ordered from a country other than Germany or will receive delivery in a country other than Germany. The mandatory provisions of the country in which you normally reside remain unaffected.
(2) If you are a merchant the sole place of jurisdiction for disputes arising from or in connection with the business relationship is Stuttgart. The same place of jurisdiction applies if you do not have a general place of jurisdiction in Germany or move your place of residence outside Germany after conclusion of the contract or if your place of residence is unknown at the time the action is brought.
(3) If a provision of these Terms and Conditions of Business is or becomes invalid, the validity of all remaining provisions or agreements is unaffected thereby.