General terms and conditions (GTC)

Scope of application

1. These General Terms and Conditions (called "GTC") shall apply to all contracts concluded between you (referred to as "Buyer") and BMK Handels- und Vertriebs GmbH, Vienna, Dietikon Branch, Vogelaustrasse 46/2.OG, CH-8953 Dietikon (referred to as "BMK", "BMK GmbH", "Seller", "our" or "we"). During the ordering process, the customer accepts the GTC in the version valid at the time of the order. We do not recognise any deviating terms and conditions of the customer unless we have expressly agreed to them in writing.
2. Our offer is directed exclusively at consumers, i.e. individuals who conclude a transaction for purposes that are not predominantly attributable to their commercial or self-employed activity. Furthermore, our offer is directed at individuals above 18 years old and is not under guardianship. The sale of our products is limited to household quantities.
3. The customer acknowledges these GTC and agrees to them as soon as he places an order.

Possible discrepancies in the illustrations

The colours of the delivered goods and the products shown in the online shop cannot be guaranteed. Colour deviations might occur due to technical reasons.

Product offer and contract conclusion

1. The products displayed in the seller's online shop are not a binding offer of a contract but an invitation to the customer to make an offer. After going through the ordering process, the customer makes this offer legal by pressing the field "order subject to payment". The seller decides on the acceptance of the bid at his discretion within five days.
2. After submitting the order in our online shop, the customer will receive an automated e-mail at the e-mail address provided to confirm receipt of the order (order confirmation). The order confirmation merely serves to inform the customer that we have received the order.
3. A valid contract only is concluded when we declare acceptance of the contract. We declare acceptance of the contract when we issue an invoice to the customer, send a confirmation of dispatch or, at the latest, when we deliver the goods.
4. The contract is concluded only for those expressly stated in the invoice, the order confirmation and the dispatch confirmation. This also determines the scope of services.

Order process

In the overview of the product range of the online shop www.popolini.ch, the customer can select the goods they want by clicking on the button "add to shopping cart". The selected goods are stored temporarily in the shopping cart during the customer's visit to the website www.popolini.ch. The customer can continue the ordering process by clicking the button "proceed to checkout" next to the goods listed in the shopping cart. On the following page, the customer needs to register for the online shop or log in if he already has an account.
The customer then selects the shipping address and the payment method they wish to use and enters the data required to make the payment. When choosing external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before the binding submission of the final order, the data relevant to the order are summarised in an "order summary".
Before the customer finally submits his binding order by pressing the button "place order", he is free to recheck his details in the order summary and correct them if necessary. By pressing the button "order at cost", the customer submits a binding offer to purchase the goods selected by them.

It is also possible for the customer to place an order by e-mail: webshop.ch@popolini.com or fax: 0041 44 / 740 13 22.

Order confirmation

After submitting the customer's purchase offer by clicking on the “order with obligation to pay” button in the order form, the customer receives an automated e-mail to the e-mail address provided. We confirm receipt of the order with a confirmation email to inform the customer that we have received the order.

A valid contract is concluded only when we declare acceptance of the contract. We declare acceptance of the contract when we issue an invoice to the customer, send a shipping confirmation or, at the latest, when we deliver the goods.

1. Storage of the contract text: the information provided by the customer regarding the order process is stored by the seller and can be viewed by the customer under the link "My Account". Independently of this, the seller sends the order confirmation described under five and these GTC to the e-mail address provided by the customer.
2. Only the German language is available for the conclusion of the contract.
3. Contacts and purchase contract processing take place almost exclusively through automated order processing by e-mail. The customer is obliged to check whether his e-mail address is correct and that they can also receive the e-mails sent by the seller.

Prices

1. All prices stated are final prices, including packaging costs and the legal value-added tax (VAT).
2. Price errors may occur. If the correct price is higher, the customer will be contacted; In this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, the price will be charged.
3. Shipping costs are not included in the price; they are additional (see shipping costs table).

Terms of delivery

1. BMK GmbH restricts deliveries to the countries according to our shipping costs table. Delivery shall be made directly to the delivery address provided by the buyer.
2. In the event of payment in advance, the delivery period shall commence one day after receipt of the amount on the bank account of BMK Handels- und Vertriebs GmbH. In other cases, the delivery period begins one working day after receipt of the order.
3. In damage to the goods during transport, the customer shall immediately notify the transport company of the damage and claim the damage. Acceptance of the goods may only take place with reservations.
4. BMK Handels- und Vertriebs GmbH. shall not bear any responsibility in the event of delivery obstacles in the area of suppliers or manufacturers. Suppose delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which BMK Handels- und Vertriebs GmbH is not responsible. In that case, BMK GmbH is entitled to withdraw from the contract in whole or in part. BMK Handels- und Vertriebs GmbH will inform the customer of this without delay. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the order process begins. The purchase price is due at the latest upon delivery of the goods.
5. Our delivery times can be found in our shipping costs table. Although we aim to deliver within the stated timescale, it may take longer due to unforeseen circumstances. In the unlikely event that delivery takes longer than 30 days, you have the right to cancel your order.

Title retention

The delivered goods remain the property of BMK Handels- und Vertriebs GmbH until full payment has been made. If the customer defaults on payment of the purchase price, BMK GmbH shall be entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.

Payment

The purchase price can be paid in advance by credit card (VISA or Mastercard), instant bank transfer or PayPal.

For credit card, PayPal and instant transfer payment methods, we will deduct the invoice amount from your specified account or the credit card directly after receiving the order.

1. Prepayment - the customer transfers the invoice amount to the account of BMK Handels- und Vertriebs GmbH within 7 days after receipt of the invoice. Shipment will not take place until one working day after receipt of payment.
2. If you decide to pay via PayPal, you pay the invoice amount via the provider PayPal (Europe) S.à.r.l et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, Luxembourg (called PayPal). You must register with PayPal for this purpose. During the ordering process, you will be redirected to the PayPal page. After logging in with your user data, you can confirm the payment to us there. In this case, the purchase price is due for payment immediately.
3. Payments by credit card (Visa, Mastercard) or TWINT are processed via SIX Payment Service AG, Hardturmstrasse 201, CH-8021 Zurich, and the purchase price is due for payment immediately.
   
   

   The legal default regulations apply. Payment reminder costs can be claimed from the second reminder onwards.

If full payment of the invoice value is not made within 30 days, we have the right to withdraw from the contract. The goods remain our property until full payment has been made.

Order withdrawal

1. Unless otherwise stipulated, the general legal regulations shall apply.

Warranty

1. Unless otherwise stipulated, the general legal regulations shall apply.

Applicable law

The country's law to which the goods were delivered or where the customer has his registered place of residence shall apply in each case.

Jurisdiction

In the event of disputes arising from contracts concluded under the terms of these General Terms and Conditions, the court of jurisdiction shall be the court in which the customer is residing unless the parties agree otherwise.

Amendment of the General Terms and Conditions/reservation of the right to amendment

We are entitled to unilaterally amend these General Terms and Conditions of Business insofar as this is necessary to eliminate equivalence disruptions that arise subsequently or to adapt to changed legal or technical framework conditions. We will inform the customer of an amendment by sending notification of the content of the amended terms and conditions to the customer's last known e-mail address. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.

Severability clause

If any clause of these general terms and conditions should be invalid, this shall not affect the validity of the remaining clauses.