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Terms & Conditions

Terms & Conditions (Private Customers) 

§ 1 Applicability, Contract Object § 7 Right of Retention
§ 2 Offer, Contract Conclusion, Offer Documents § 8 Declaration Form
§ 3 Prices and Payment Terms § 9 Damage Liability
§ 4 Delivery Terms § 10 Fulfillment, Applicable Law, Jurisdiction
§ 5 Revocation Instructions § 11 Privacy
§ 6 Warranty § 12 Complaints, Online Dispute Regulation

 

§ 1 Applicability, Contract Object

Our General Terms apply for deliveries of movable items to consumers according to contracts concluded between us and the customer. (A "consumer" is any natural person concluding legal transactions that cannot be primarily attributed to their commercial or freelance occupational activities.)

§ 2 Offer, Contract Conclusion, Offer Documents

1. A customer’s order constitutes a binding offer which we may accept within two weeks by sending an order confirmation or delivering the goods. Any previously made offers by us shall remain non-binding unless described as fixed offers by us explicitly or in writing.

2. If the customer orders goods electronically, the text of the contract and the General Terms will be saved in reproducible form and sent to the customer by email upon request. We will immediately confirm receipt of the order. However, a confirmation receipt does not yet constitute a binding acceptance of an order. However, it may be connected to the acceptance declaration.

3. Descriptions of delivery objects, especially about their weight, measurements, materials and the type and extent of their assortment, merely serve as approximations with usual industry deviations. The same applies to price lists, catalogs, sample books and other statements made in brochures. We reserve the right to make changes at any time.

4. Cutting or thrusting weapons and switchblade knives may only be provided to those over the age of 18.

5. Orders and deliveries can only be made to the following countries: Germany, Austria, Switzerland, Andorra, Albania, Bosnia and Herzegovina, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Spain, Finland, France, Great Britain and Northern Ireland, Guernsey (Channel Island), Greece, Croatia, Ireland, Iceland, Italy, Jersey (Channel Island), Liechtenstein, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Norway, Portugal, Romania, Sweden, Slovenia, Slovakia, San Marino

You can place an order at our shop by following the following steps:

1. You can place an item into your shopping cart non-bindingly by clicking on "Into the Shopping Basket." Alternatively, you may also place an item into your shopping cart by entering the item number on the "Shopping Cart" page.

2. You may view any items placed into your shopping cart by clicking on "Shopping Cart." You can also delete items or change their quantity here.

3. If you would like to purchase the items in your shopping cart, click on "Enter Shipping Address." This will take you to the ordering process.

4. First, enter your billing and shipping address in the ordering process. On the next page, you can select your preferred payment type.

5. Before you submit your order, you will receive an overview on the order review page of all data of your planned order (especially including the billing and shipping address, product, price, quantity and payment type). You will be asked to confirm the accuracy of the information you entered. You may correct or change order data by clicking on the "Back" button to navigate back to the previous page.

6. By clicking on the button "Place Binding Order," you will send your order to us. You will thereby offer us to conclude a purchasing contract. If you selected "Credit Card" as your payment type, you will be transferred to Saferpay where you can book the amount to your credit card before completing the order. Information about the time of contract conclusion can be found in the respective section of the General Terms.

You may also place orders by telephone by calling our hotline at +49 212 4012-0 (Mo. - Th. 8:00 AM – 5:30 PM, Fr. 8:00 AM - 4:30 PM).

§ 3 Prices and Payment Terms

1. Prices may be changed if more than four months lie between contract conclusion and the scheduled delivery date. If wages or material costs change by the delivery date, we may adjust prices according to the cost increases or decreases. The customer may only withdraw from the contract if a price increase significantly exceeds the rise in general living costs between the ordering and the delivery date.

2. Price listings in Euros include VAT but not shipping costs (packaging and transport). Additional customs duties may be charged for deliveries in countries outside of the European Union.

3. Invoices will become due immediately upon receipt. The customer will fall behind with payments if he fails to make payments at least 10 days after an invoice become due. Payments will only be considered received after the outstanding amount has been debited into our bank account. If payments are not made on time, we may charge default interest of 5 percentage points above the base rate. This shall not exclude the assertion of additional default damage claims. These shall especially include costs incurred through delayed acceptance or return debits.

4. Any payments will be used to settle the oldest debts first, irrespective of other terms of the buyer. If costs were already incurred through recovery and/or interest, payments will first be used to cover these costs, then interest and finally the main claim. The buyer may only exercise offsetting, retention or reduction rights if counterclaims have been legally established or are indisputable.

5. The minimum order amount is EUR 25. For orders made by private customers under EUR 80, shipping costs for packaging, transport and insurance will be EUR 3.95 if an order is placed through our shopping cart system (otherwise EUR 5.95). We will cover these shipping costs for orders over EUR 80 made by private. (This only applies to deliveries within Germany. Additional costs may be charged for deliveries to other countries.) Deliveries can be paid for on a cash on delivery basis (EUR 5 domestic cash on delivery fee plus EUR 2 postage fee) or by credit card (Eurocard or Visa), invoice, direct debit (up to EUR 500) or through advance payments. The payment target for invoice deliveries is 10 days. Invoice and direct debit deliveries will be subject to a credit check. For the credit check, the Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, will provide us with your address and creditworthiness data from its database, including score values derived from mathematical statistical procedures, if we justifiably present a legitimate interest in this data. To determine the score value, address data may also be used. When placing a first order or orders greater than EUR 200, only cash on delivery, credit card, direct debit or advance payments may be made. Payments for deliveries to countries outside of Germany, but only within the European Union, may be made either in advance, by credit card (Euro/MasterCard or Visa) or through cash on delivery (if possible, with a fee of EUR 5 cash upon delivery plus the costs for the delivery, see shipping costs). Shipments to Italy will be provided by our cooperation partner via cash on delivery, which may incur greater shipping costs. The stated shipping costs apply to standard packages and multi-piece shipments for up to 3 individual parcels. The costs for multi-piece shipments consisting of more than 3 parcels or deliveries that must be made by a forwarding agent due to their measurements or weight will be charged to the customer. The customer may commission a forwarding company himself to pick up such deliveries with additional charges.

§ 4 Delivery Terms

1. If no free delivery is agreed to or if no other delivery agreements are made, we will select the transport vehicle and route. The risk of accidental loss or deterioration of the delivery object will, even for sales shipments, only be transferred to the customer after the item has been handed over to the customer, irrespective of whether the customer delays acceptance.

Transport damages must be reported as soon as goods are received and their type and extent must be immediately confirmed in writing. Upon delivery, transport damages and incorrect quantities must be determined by railway officials or respective fact documentation and certified on the accompanying documents.

2. Items labeled as "Available" will be sent within 1-3 days.

3. Compliance with delivery periods requires the customer to fulfill his prior payment obligations. These affect "Advance Payment" type orders and orders customized for the customer that require his approval (laser engravings). If the assertion of customer rights requires an appropriate grace period, this shall be at least 2 weeks. If we provided delivery periods as the basis for placing an order, such periods will be extended in case of strikes or force majeure for the duration of the delay.

§ 5 Revocation Instructions

Revocation Rights

You have the right to revoke this contract within fourteen days without stating reasons. The revocation period will be fourteen days after the day on which you or a third party nominated by you who is not the forwarder has taken possession of the goods or, if you ordered several items as part of a uniform order, within fourteen days after you or a third party nominated by you who is not the forwarder take possession of the last item.

To exercise your revocation rights, you must notify us (Heinr. Böker Baumwerk GmbH, Schützenstr. 30, 42659 Solingen, Deutschland, Tel. +49-212-4012-0, Fax +49-212-4012-80, Email info@boker.de) through an unequivocal statement (e.g., a letter sent by mail, fax or email) about your decision to revoke this contract. You may use the attached Sample Revocation Form, though this is not required. You may also complete and send the Sample Revocation Form or another unequivocal statement electronically through our website under Cancellation. If you choose this option, we will immediately send you confirmation (e.g., by email) about the receipt of such revocation.

To meet the revocation deadline, it is sufficient for you to send the statement declaring the exercise of your revocation rights before the revocation period expires.

Consequences of Revocation

If you revoke this contract, we must refund any payments we received from you, including shipping costs (with the exception of the additional costs resulting from you selecting a different delivery method than the least expensive standard delivery offered by us), within fourteen days of the day on which we received the notification of your revocation. We will use the same means of payment for the refund that you used for your original transaction, unless we specifically made a different agreement with you. Under no circumstances will you be charged for the refund. However, we may refuse to make refund payments until the goods are returned to us or you have proven that you sent the goods back to us, whichever occurs first.

In any case, you must return the goods to us within fourteen days of the day on which you notified us about your revocation of this contract. The deadline will be met if you send the goods before this fourteen-day period expires. You must bear the direct costs of returning the goods.

You must compensate any loss of value to the goods if this loss of value results from handling the goods in a manner unnecessary for testing their condition, characteristics or functionality.

We will reimburse your return shipping costs if the value of the goods to be returned exceeds EUR 40.

Revocation rights are not granted for distance contracts:

  • for the delivery of goods that are not prefabricated and whose production requires the customer’s individual selection or determination or that are clearly tailored to the customer’s personal needs (e.g., orders for goods with personal laser engravings),
  • for the delivery of goods if, due to their characteristics, these goods were inseparably mixed with other goods during the delivery,
  • for the delivery of audio or video recordings or computer software in sealed packaging if the seal was removed after the delivery,
  • for deliveries of newspapers or magazines, except for subscriptions

 

§ 6 Warranty

1. When assessing the goods’ contractual condition, the time when risk is transferred stated in § 4 shall be decisive. We shall neither be liable for material defects caused by unsuited or improper use, usual wear or incorrect or negligent treatment nor for the consequences of alterations that are inappropriate or made without our approval or of maintenance work performed by the customer or a third party. Nor shall we be liable for defects that significantly diminish the value or suitability of the goods.

Goods that received objections must be returned to us upon request. We will assume the shipping costs under the condition that the complaints are justified. Should the customer fail to fulfill these obligations or should he alter goods that received objections without our approval, he shall lose any damage claims.

2. In case of defects, the customer may first choose between rectification through repairs or a replacement delivery. If the type of selected rectification requires unreasonable costs and if the customer would not experience significant disadvantages through other types of rectification, we may refuse the selected type of rectification. If rectification fails, the customer may withdraw from the contract due to a legal or material defect. However, the customer will then no longer be able to claim damages because of the defect. If the customer requests compensation after rectification fails, the goods shall remain with the customer if this is reasonable for him. Compensation shall be limited to the difference between the purchasing price and the value of the defective goods. This shall not apply if we maliciously conceal the defect or provided a guarantee for certain characteristics of an item.

3. The customer must inform us immediately if he becomes subject to third-party claims resulting from the German Product Liability Law (Produkthaftungsgesetz).

4. The statute of limitations for defect claims shall be 2 years for new items and 1 year for used items supplied. This period shall begin when risk is transferred. However, this shall not apply to damage claims due to defects. For damage claims due to defects, see § 9.

5. Warranties, in the legal sense, are not provided by us. Producer warranties apply to goods distributed by us.

§ 7 Right of Retention

1. We reserve the right to ownership of the object purchased until all purchasing price payments have been made.

2. In case of breaches of duty by the customer, especially payment delays, we may withdraw from the contract and retrieve the items after unsuccessfully providing the customer with an appropriate grace period to make outstanding payments. Legal regulations on the dispensability of setting a deadline shall remain unaffected. The customer must hand over the items. We may withdraw from the contract if an application is made to launch insolvency proceedings over the customer's assets.

3. The customer must immediately notify of us of any third-party enforcement measures towards the reserved goods by submitting any documents required for intervention. This shall also apply to any other kinds of restrictions. Irrespective thereof, the customer must inform third parties of the existing rights to the goods beforehand. If the customer is an entrepreneur, he must cover our intervention costs if the third party is unable to reimburse us.

§ 8 Declaration Form

Legally valid declarations or statements which the customer must make towards us or a third party must be issued in writing.

§ 9 Damage Liability

1. Our liability for breaches of contract duties and for offenses shall be limited to intent and gross negligence. This does not apply to injuries to the customer’s life, body or health, claims from violations of cardinal duties and replacement for damages caused by delay (Section 286 of the German Civil Code (Bürgerliches Gesetzbuch)). In such cases, we shall be liable for any degree of responsibility.

2. The above-stated liability exclusion shall also apply to simply negligent breaches of duty by our vicarious agents.

3. Where liability is not excluded for simply negligent damages resulting from injuries to the customer’s life, body or health, such claims shall expire one year after the opening of the claim or the opening of damage compensation claims due to a defect after the goods are handed over.

4. If liability for damages is excluded or limited for us, this shall also apply to personal damage compensation liability of our employees, representatives and vicarious agents.

§ 10 Place of Fulfillment, Applicable Law, Place of Jurisdiction

1. If not stated otherwise in the contract, the place of fulfillment and payment shall be Solingen.

2. The laws of the Federal Republic of Germany shall apply to this contract. However, this shall not apply if specific consumer protection regulations in the country of the customer prove more beneficial (Art. 29 of the Introductory Law of the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch). Apart from that, the UN Sales Convention shall be excluded.

§ 11 Privacy

We may save or process data Act (Datenschutzgesetz) about the customer received or created in relation to this business relationship in accordance with the German Data Protection, irrespective of whether the data was provided by the customer himself or by a third party.

§ 12 Complaints, Online Dispute Regulation

EU platform for online dispute regulation:

The EU Commission provides an online platform for online dispute regulation (OS platform) at www.ec.europa.eu/consumers/odr/

Alternative dispute regulation in consumer disputes:

The "Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.", Straßburger Straße 8, 77694 Kehl am Rhein, Germany, would be responsible for disputes with us. The website can be found at www.verbraucher-schlichter.de

However, we do not participate in dispute regulation proceedings.

Imprint:

Heinr. Böker Baumwerk GmbH, Schützenstr. 30, 42659 Solingen, Germany

Tel. +49 212 4012-0 (Mo - Th 8:00 AM - 5:30 PM, Fr 8:00 AM - 4:30 PM)
Fax +49 212 4012-80
Email: info@boker.de

Authorized General Manager Representatives:
Dipl.-Wirtsch.-Ing. Ernst-Wilhelm Felix-Dalichow
Dipl.-Wirtsch.-Ing. Carsten Felix-Dalichow
Dipl.-Ing. Kirsten Schulz-Dalichow

Company Register Wuppertal
Register Number: HRB16118
VAT ID No. according to Section 27a of the German VAT Act (Umsatzsteuergesetz):
DE 296786916

In addition, the following terms shall apply for participation in the Böker workshops "Knife Sharpening" and "Knife Maker Workshop"

1. Participation in the event is at one's own risk. Participants shall neither be liable for damages among each other nor towards supervisors or the event organizer. This liability exclusion shall not extend to intent or gross negligence. In the interest of all participants and the organizer, each participant must prove possession of liability insurance. Please be sure to bring the following to the "Leather Sheath Making" and the "Knife Maker" workshops: Appropriate work clothes, protective gloves and goggles and, if necessary, individual protective gear.

2. Due to the very limited number of participants, we recommend registering early. Registration procedure: Fill out the registration form, wait for confirmation/invoice, pay seminar fee. After your payment is received, we will register you for your desired seminar. Should you be able unable to attend the registered seminar, please notify us immediately, no later than 30 days before the seminar, and we will refund your payment. If the registered seminar is cancelled after this period, a cancellation fee of 50% of your payment will be charged. If you do not attend the seminar on the registered date without prior notice, the seminar will be considered to have been "attended" by you and costs will not be refunded.