AGB
Welcome to Bakaree!
GENERAL TERMS AND CONDITIONS OF
https://bakaree.com/
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by MoMo Fashion UG (haftungsbeschränkt) (hereinafter referred to as the "Supplier") to you, in their version valid at the time of the order.
(2) Deviating General Terms and Conditions of the Purchaser shall be rejected.
(3) Please read these terms and conditions carefully before placing an order with MoMo Fashion GmbH. By placing an order with MoMo Fashion GmbH, you agree to these terms and conditions applying to your order.
(4) On Bakaree we offer the sale of the following products:
Slow fashion is not a trend for us, but a conscious attitude. We are convinced that design and sustainability have to be thought together. In times when collections change more frequently than ever, clothing has to mean something again. Our products are sustainably made in small manufactories with an eco-certified yarn in Nepal, by hand at fair wages. This is how Bakaree gives fashion back its value - and you the good feeling. With sporty design, impeccable quality and transparent trade routes without middlemen.
§ 2 Formation of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
Europe and Great Britain.
For individual bulky goods, the possible delivery addresses as well as the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The orderer must have reached the age of 18.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to Bakaree to conclude a purchase contract. The Customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button "order subject to payment" in the last ordering step.
(6) The purchase contract between the provider and the purchaser is only concluded through a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of ordered products within the scope of one order and to the placement of several orders of the same product, where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the Website. We will notify you whether an electronic invoice is available for each shipment in the shipment confirmation. For more information about electronic invoices, please visit our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat shipping rate or shipping surcharge. The shipping surcharges vary depending on the type of delivery and item characteristics.
(2) Despite our best efforts, a small number of products in our catalog may be marked with the wrong price. We check the prices when we process your order and before we debit the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have listed, we will charge the lower amount and ship the product to you.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the Customer. On the website you will find information on the availability of products sold by Bakaree (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If Bakaree determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the customer remain unaffected.
(3) If delivery to the Customer is not possible because the delivered goods do not fit through the Customer's entrance door, front door or staircase or because the Customer is not found at the delivery address provided by him, although the delivery date was announced to the Customer with reasonable notice, the Customer shall bear the costs for the unsuccessful delivery.
(4) The delivery takes place depending on the payment method of the customer. In the case of prepayment, delivery shall take place after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery takes place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us regarding each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is MoMo Fashion UG (haftungsbeschränkt). Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the associated shipping confirmation is sent.
§ 5 inch
(1) If you order products from Bakaree for delivery outside the European Union, you may be subject to import duties and taxes, which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.
(2) Furthermore, please note that when ordering from Bakaree, you are considered an importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods by the following methods of payment: - Paypal
- Credit card
- Gift card
- Instant bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The Customer is not allowed to pay for the goods by sending cash or checks.
(4) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(5) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the Provider offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Provider to collect the amounts due after shipment of the partial deliveries or deliveries of goods.
(7) If the Provider offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(8) If the Supplier offers payment in advance and the Purchaser chooses this method of payment, the Purchaser undertakes to pay the invoice amount within 14 days after the dispatch of the goods, without any deduction of discount.
(9) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.
§ 7 Offsetting and right of retention
(1) The Purchaser shall only have the right to offset if the Purchaser's counterclaim has been legally established or has not been disputed by the Supplier.
(2) The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 8 Retention of title
MoMo Fashion UG (haftungsbeschränkt) retains ownership of the goods until full payment.
§ 9 Transport damage
(1) If the Customer receives the goods with obvious transport damages, the Provider shall request the Customer to complain about them as soon as possible.
(2) Should the Customer fail to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is that the supplier can assert his own claims against the carrier .
§ 10 Right of defect
(1) If the Buyer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may request the repair or replacement of the products purchased on Bakaree if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the Purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the Purchaser is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 11 Limitation of liability (products)
(1) The Provider shall be liable for claims for damages of the Customer arising from injury to life, body, health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The Provider shall be liable for breaches of material contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Customer based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as Bakaree's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the customer is a consumer, he shall have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods of a uniform order or the delivery of one good in several part shipments or pieces) without giving reasons.
To exercise your right of withdrawal, you must contact us: MoMo Fashion UG (haftungsbeschränkt)
MoMo Fashion UG (haftungsbeschränkt) Heinrich-Kley-Straße 12
80807 Munich
E-mail: info@bakaree.com
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and you have returned the goods via our online return center within the period defined below.
(3) Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments that we have received from
We will reimburse you for the goods you have received from us, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the revocation of this contract to
MoMo Fashion UG (limited liability)
MoMo Fashion UG (haftungsbeschränkt) Heinrich-Kley-Straße 12
80807 Munich
E-mail: info@bakaree.com
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
in the case of services, if Bakaree has provided these in full and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of revocation shall expire prematurely in the case of contracts
for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 14 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. via e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive from Bakaree complete and free information about the data concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 15 Cookies
(1) We may use cookies to display the product offer. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.
(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called
session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be the registered office of the Provider.
§ 17 Final provisions
(1) The contractual language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Bakaree only with the involvement of a parent or guardian.
(3) If you breach these T&C and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.
(4) We reserve the right to make changes to our website, rules, conditions, including these GTC at any time. Your order will be subject to the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders placed by you).
have previously made). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.
