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BUTTINALE 73 Newsletter

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Terms of service

General Terms and Conditions (GTC) for Consumers (B2C)

§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter referred to as GTC) apply to all contracts concluded via our online shop between us,

BUTTINALE 73 GmbH (hereinafter referred to as ‘BUTTINALE 73’),
Postal address: Neuhofstraße 52. 41063 Mönchengladbach
Managing Directors: Stefan Hamacher, Babak Kharabi Masouleh
Name of the registry court and registry number: Möchengladbach HRB 22654
VAT ID number/International VAT ID: DE 412959073
Telephone number: +49 2161577-3330
Email address: vertrieb@buttinale73.com

and you as our customer (hereinafter referred to as ‘Customer’).

(2) The General Terms and Conditions apply exclusively to contracts that we conclude with consumers. ‘Consumer’ within the meaning of our terms and conditions refers to any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed, in accordance with Section 13 of the German Civil Code (BGB).

(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall be decisive.

 


§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking on the ‘Place order’ button, you are placing a legally binding order. Before submitting the order, you can view and change your details (order content, billing/delivery address, payment and shipping method) at any time. You are bound to the order for a period of two (2) weeks after placing the order; your right to cancel your order in accordance with § 3 remains unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless, in addition to confirming receipt, it also declares acceptance.

In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send the customer the text of the contract (consisting of the order, General Terms and Conditions and order confirmation) on a durable medium (e-mail or paper printout). The text of the contract will be stored by us in compliance with data protection regulations.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or, at the latest, by delivery of the ordered items.

(5) If it is not possible to deliver the goods you have ordered, for example because the goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this immediately and refund any payments already received without delay.

(6) The contract is concluded in the language you have selected for the website (German, English, Italian).

§3 Right of withdrawal 

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you, as a consumer, exercise your right of withdrawal in accordance with clause 1, you shall bear the regular costs of the return shipment.

(3) In all other respects, the provisions set out in detail in the cancellation policy apply to the right of cancellation.

§ 4 Delivery conditions

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) For orders from customers with their place of residence or business in Germany or abroad, or if there are justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.

 


§ 5 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including statutory value added tax and do not include shipping costs.

(2) The shipping costs are specified in our price information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit your order.

(3) If we fulfil your order in partial deliveries in accordance with § 4 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of any shipping costs already paid to you (see § 3 (3) for other consequences of revocation).

 


§ 6 Terms of payment, offsetting and right of retention

(1) The purchase price and shipping costs are payable within two (2) weeks of receipt of our invoice at the latest.

(2) You can pay the purchase price and shipping costs by EC/Maestro/credit card or PayPal, at your discretion. In the case of a direct debit authorisation or payment by EC/Maestro/credit card or PayPal, we will debit your account at the earliest upon conclusion of the contract (§ 2).

(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints or counterclaims arising from the same purchase contract.

(4) As a customer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

 


§ 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

 


§ 8 Warranty

(1) We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties can be found in the warranty conditions that may accompany the items.

 


§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

(2) In other cases, we shall only be liable – unless otherwise specified in paragraph 3 – for breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

 


§ 11 Data protection notice

We collect, process and use your personal data, in particular your contact details for processing your order, including your email address if you provide it to us. For credit checks, we may use information (e.g. a so-called score value) from external service providers to aid our decision-making and make the payment method dependent on this. This information also includes information about your address. This is done for the purpose of contract processing, Art. 6 (1b) GDPR. For details, please refer to our privacy policy (link).

 


§ 12 Copyright

We hold the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.

 


§ 13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 


§ 14 Final provision

Even if individual points of the contract are legally invalid, the remaining points remain binding. The invalid points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.

 

as of November 2025

 

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of cancellation, you must inform us (BUTTINALE 73 GmbH, Neuhofstraße 52, 41063 Mönchengladbach, +49 2161577-3330, vertrieb@buttinale73.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

 


Consequences of cancellation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to (insert the name and address of the person authorised by you to receive the goods, if applicable) immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

Please do not send the goods to our company address, but to: 

Recht Kontraktlogistik GmbH

Montel-Allee 6

D-41334 Nettetal

 


Sample withdrawal form:

(If you wish to withdraw from the contract, please fill out this form and send it back to us.) 

– To BUTTINALE 73 GmbH, (, Neuhofstraße 52. 41063 Mönchengladbach, Germany, email address: info@buttinale73.com

– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notifications)

– Date

(*) Delete as applicable.


- End of cancellation policy -