Terms of service
You can also find this version online at any time: www.botrik.de/en/agb.html
Terms and Conditions
Convenience translation. This English text is provided for ease of understanding only and is not legally binding. The legally binding version is the German original: Deutsche Fassung. In the event of any discrepancy or dispute, the German version shall prevail. The language of the contract is German (see our Terms and Conditions, § 2.4).
Ismar Bolanca / BoTrik
Rosenweg 5, 52222 Stolberg, Germany
Email: info@botrik.de
Phone and WhatsApp: +49 1523 9606352
§ 1 Scope
1.1 These Terms and Conditions apply to all contracts concluded between us as the provider and you as the customer via our online shop.
1.2 Deviating terms of the customer are not recognised unless we expressly agree to their application.
§ 2 Contracting parties, conclusion of contract and ordering process
2.1 The purchase contract is concluded between: Ismar Bolanca, BoTrik, Rosenweg 5, 52222 Stolberg, Germany (hereinafter “seller”) and the customer (hereinafter “buyer”).
2.2 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2.3 By clicking the final order button in the checkout you place a binding order. The order confirmation by email constitutes acceptance of the offer and thus the conclusion of the contract.
2.4 The language of the contract is German.
2.5 Ordering process: you place the desired product in the cart and enter your delivery and payment details during checkout. Before submitting the order you can review all entries on the order summary and correct them at any time using the edit functions. Only by clicking the final order button do you place a binding order.
2.6 We store the text of the contract. We send you the order data together with the order confirmation by email; these Terms and Conditions are available on this page at any time.
2.7 Contact: You can reach us by email at info@botrik.de and by phone or WhatsApp at +49 1523 9606352. Purchase contracts are concluded only via the online shop, not by phone and not via WhatsApp. You can send us statements concerning your contract – for example a withdrawal or a notice of defects – through any of these channels; for evidence purposes we recommend email or letter. Using WhatsApp is voluntary; WhatsApp’s terms of service apply. How we process your data in this context is explained in our Privacy Policy (section 10).
§ 3 Prices and shipping costs
3.1 All prices stated are final prices. As a small business within the meaning of § 19 of the German VAT Act (UStG), no VAT is levied or shown.
3.2 Shipping costs apply in addition to the product prices. These are clearly shown during the ordering process.
§ 4 Payment
4.1 You can pay by credit or debit card, PayPal, Apple Pay, Google Pay or Shop Pay, and in many countries also with Klarna. Depending on the delivery country, payment methods that are common there are added, for example Bancontact, eps bank transfer, MobilePay or MB WAY. The checkout shows which payment methods are available to you.
4.2 The purchase price is due immediately upon completion of the order. If you pay with Klarna, you pay Klarna within the periods Klarna shows you at checkout (for example within 30 days or in 3 instalments).
4.3 In the event of late payment we are entitled to charge default interest at the statutory rate.
§ 5 Delivery and shipping
5.1 We deliver to Germany and to all other countries of the European Union. The shipping costs are shown during the ordering process.
5.2 Delivery time is 3–5 working days for delivery to Germany and 7–14 working days for delivery to all other countries of the European Union. It begins on the day after the contract is concluded, or for payment in advance on the day after your payment order. If the last day falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
5.3 Should an ordered product be unavailable, we will inform you without undue delay. Any payment already made will be refunded immediately.
5.4 The seller bears the shipping risk in the case of consumers (§ 475 (2) German Civil Code).
§ 6 Retention of title
The goods delivered remain our property until payment has been made in full.
§ 7 Right of withdrawal
The statutory right of withdrawal applies. The complete withdrawal policy is provided separately and forms part of these Terms and Conditions.
§ 8 Warranty and liability for defects
8.1 The statutory warranty rights apply. The warranty period is 2 years from delivery.
8.2 In the case of defects, please contact us first: info@botrik.de, by phone or on WhatsApp at +49 1523 9606352
§ 9 Limitation of liability
9.1 We are liable without limitation for damage arising from injury to life, body or health as well as for intentional or grossly negligent breaches of duty.
9.2 In the case of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.
9.3 Otherwise, liability for slight negligence is excluded. This does not affect liability under the German Product Liability Act, for fraudulently concealed defects or under a guarantee we have given.
§ 10 Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final provisions
11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, you retain the protection of the mandatory provisions of the law of that country.
11.2 The place of jurisdiction for merchants is Stolberg, Germany.
11.3 Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected.
Annex: EU notice on the legal guarantee
The following EU notice summarises your legal guarantee rights.
More about your rights: europa.eu/youreurope/guarantees