General terms and conditions
§ 1 Scope
(1) All deliveries, services and offers of Francisco Redano Lara (hereinafter referred to as "seller"), processed via the online shop bobani-shop.com, are exclusively based on these general terms and conditions for consumers.
(2) These general terms and conditions are an integral part of all contracts concluded by the seller with his buyers concerning the goods and other services offered by the seller. The application of deviating and supplementary terms and conditions of business of the buyer is excluded, even if the seller does not expressly object to them. Even if the seller refers to a letter containing or referring to the terms and conditions of the buyer or a third party, this shall not constitute an agreement with the validity of such terms and conditions.
§ 2 Form
(1) Individual agreements made with the buyer in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these general terms and conditions. The content of such agreements, conditional upon counterevidence, shall be subject to a written contract or written confirmation by the seller.
(2) Insofar as these general terms and conditions require written form for legally relevant declarations, this shall also include the text form (e.g. fax, e-mail).
(3) References to the validity of legal regulations are for the purpose of clarification only. Even without such clarification, the statutory regulations apply, insofar as they are not directly amended or expressly excluded in these GTC.
§ 3 Offer and conclusion of contract for the purchase of goods
(1) Individual offers, as well as offers and prices contained in catalogs, advertisements and other advertising material, as well as on the seller's website are subject to change and are non-binding. Products may differ in color and form from images shown in catalogs, advertisements and other advertising material as well as on the sellers’ website, as they are handmade products. Such deviations do not constitute a defect, provided that they do not significantly impair the use of the product.
(2) With the placement of the order, the buyer makes a binding offer. The buyer is bound to the order for four weeks following the placement of his order. The seller is entitled to accept the offer within this period by means of a written order confirmation. The time at which the order confirmation from the seller is received by the buyer shall be relevant for compliance with the period.
(3) The seller reserves the right of ownership and copyright to offers and the accompanying documents individually compiled for the buyer. Passing on, publication and duplication of the seller’s’ technical data or realization of the seller’s products by third parties (reproduction) are not permitted without the express written permission of the seller. They may not be made accessible to third parties and must be returned to the seller immediately upon request.
§ 4 Offer and conclusion of contract for the purchase of digital content
(1) In his online shop, the seller also offers digital content, in particular music videos, for downloading. The button "order for a fee" with the respective displayed price represents a binding offer of the seller.
(2) By clicking the button "order for a fee" with the respective displayed price, the buyer accepts the seller’s offer.
(3) After the automated payment process has been initiated and successfully completed by clicking on the button "order for a fee", a corresponding link for downloading the selected music video will be sent to the buyer online.
(4) The buyer is entitled to the right of revocation referred to in § 10 subject to the exception referred to in Paragraph 6.
§ 5 Prices and Payment
(1) The prices include the packaging, the statutory sales tax, delivery and shipping costs are not included.
(2) Payments can only be made by means of bank transfer to a bank account specified by the seller.
(3) The buyer may set off his own claims against the claims of the seller only if the counterclaims are based on the same contractual relationship, are undisputed or have been determined to be legally binding. The buyer can only retain services owed by him due to justified counterclaims from the same contractual relationship.
(4) The purchase price including the delivery and shipping costs is due immediately and must be paid in advance.
§ 6 Delivery and delivery periods
(1) Unless a fixed period or a fixed date has been agreed in writing, our deliveries and services shall be made within a period of four weeks. Delivery periods for overseas deliveries are eight weeks. Time limits begin with the payment of the purchase price including the delivery and shipping costs. Where the buyer has failed to meet the essential obligation to cooperate for the delivery and services at this point, the time limits shall begin upon carrying out of such actions.
(2) Delivery periods for individually manufactured goods are three months.
(3) Should the seller fail to comply with an agreed delivery date, the buyer shall set the seller a reasonable grace period, which in no case shall be less than two weeks.
§ 7 Shipment
(1) In the case of goods, the products will be shipped to an address supplied by the buyer
(2) The buyer is obliged to indicate the correct delivery address.
(3) The seller is only entitled to partial deliveries if
a. the partial shipments for the buyer are applicable within the scope of the contractual purpose,
b. the delivery of the remaining goods that have been ordered is secured and
c. the buyer does not incur any significant additional expenses or additional costs, unless the seller agrees to bear these costs.
(4) The shipping costs are to be borne by the buyer.
§ 8 Cooperation obligations of the buyer and acceptance
The buyer is obliged to carry out all actions (cooperation actions) required for the performance of the deliveries and other services in due time.
§ 9 Right of use of digital content
(1) The buyer acquires the simple, non-transferable right to the use the music videos downloaded by him for a fee for exclusive personal use and for private reproduction.
(2) This right of use includes the right to store the purchased music videos on different terminals, to copy them to data carriers and to play them exclusively privately.
(3) The buyer is not permitted to make the music videos available to third parties via the Internet (e.g. file sharing) or on other media, or to forward, copy, re-sell or rent, or to use them for other commercial purposes. The right to a private copy pursuant Art. 53 Copyright Act (UrhG) remains unaffected.
(4) All music titles made available at bobani-shop.de are subject to industrial property rights, in particular property rights, which are serve to protect intellectual property.
§ 10 Buyer’s right to revocation
(1) The buyer has the right to revoke this contract within fourteen days without giving any reasons, unless it concerns a contract for a special production according to the customer's wishes, where the seller has already begun to manufacture the goods, or if it concerns a contract for the delivery of sound or video recordings in a sealed package where the seal has been removed upon delivery.
(2) The revocation period shall be fourteen days from the date on which the buyer or a third party appointed by the buyer, who is not a carrier, has taken possession of the goods. In the case of a contract for the delivery of digital content that is not delivered on a physical data carrier, the revocation period is fourteen days from the date of contract conclusion.
(3) In order to exercise his right to revocation, the buyer must inform the seller (Francisco Redano Lara, Tulpenweg 8, 88690 Uhldingen-Mühlhofen, E-Mail: bobani.es@hotmail.com, Tel: +43-69911213436) by means of a clear declaration (e.g. a letter sent by mail or e-mail) about his decision to revoke this contract. The buyer can use the attached sample revocation form, which is not mandatory.
(4) The buyer may also fill out and transmit the sample revocation form or any other clear declaration on the seller's website bobani-shop.com electronically. If the buyer makes use of this option, the seller shall immediately (e.g. by e-mail) send the buyer a confirmation of the receipt of such revocation.
(5) In order to maintain the revocation period, it is sufficient that the buyer sends out the notification of the exercise of the right to revocation before the expiry of the revocation period.
(6) In the case of a contract for the delivery of digital content not available on a physical data carrier, the right to revocation expires when the buyer downloads the digital content before the expiry of the revocation period. With the beginning of the download of the digital content initiated by the buyer, the buyer expressly agrees that the seller initiates the execution of the contract and the buyer thereby loses his right to revocation.
§ 11 Consequences of the revocation
(1) If the buyer revokes this agreement, the seller shall return all payments received from the buyer, including delivery costs (except for the additional costs resulting from the fact that the buyer has chosen a different type of delivery from the most favorable standard delivery offered by the seller) without undue delay and at the latest within fourteen days from the day on which the seller has received the contract revocation notification. For this repayment, the seller shall use the same means of payment used by the buyer for the processing of the original transaction, unless otherwise expressly agreed with the buyer; in no case will the buyer be charged for such repayment. The seller may refuse to repayment until he has received back the goods or until the buyer has provided proof that he has sent back the goods.
(2) The buyer shall immediately send back or hand over the goods and in any case within fourteen days of the date on which he informed the seller of the revocation of this contract, to
Francisco Redano Lara
Tulpenweg 8
88690 Uhldingen-Mühlhofen
The period of time is maintained if the buyer has dispatched the goods before the expiry of the period of fourteen days.
(3) The buyer bears the return delivery costs. This does not apply if the goods are designed in such a way that they cannot be returned by mail.
§ 12 Withdrawal of the seller and compensation for damages
(1) If the seller exercises a legal right of withdrawal due to a culpable breach of duty on the buyer’s behalf, the seller can demand compensation in the amount of 25% of the agreed fee. The compensation shall be higher or lower if the seller proves a more or the buyer proves a less damage. This includes proof from the buyer that no damage has occurred at all. The right to default interest remains unaffected.
(2) In addition to the statutory rights of withdrawal, the seller can also withdraw from the contract if the buyer culpably violates his obligations to cooperate and the seller has unsuccessfully set the buyer a reasonable grace period to carry out the necessary cooperation actions. § 7 of these general terms and conditions shall then apply accordingly.
§ 13 Warranty and liability
(1) In the event of defects in the delivered goods, the buyer is entitled to the legal rights.
(2) Claims for damages by the buyer due to obvious material defects of the delivered goods are excluded if he does not inform the seller of the defect within a period of two weeks after delivery of the goods. Other rights and claims of the buyer, which arise from the statutory warranty obligations, in particular the right to supplementary performance and the right to reduction and withdrawal, shall also remain in force in the event of lack of notification.
(3) The buyer’s liability for compensation, regardless of the legal basis (in particular in the case of delay, defects or other breaches of duty), is limited to the foreseeable damage typical for the contract.
(4) The above limitations of liability do not apply to the seller’s liability due to willful conduct or gross negligence, guaranteed characteristics of the product, injury to life, body or health or to the seller’s liability according to the product liability law.
§ 14 Data protection
The buyer acknowledges that the seller stores the data specified in the data protection information for the purposes stated therein. The data protection information is an integral part of the GTC.
§ 15 Applicable law and binding language version
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of goods (CISG).
(2) Only the German version of these GTC is legally binding.
Uhldingen-Mühlhofen, January 17, 2021
Francisco Redano Lara, Tulpenweg 8, 88690 Uhldingen-Mühlhofen; Tel: +43 - 69911213436
E-Mail: bobani.es@hotmail.com, Internet: bobani-shop.com