General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Bloom and Shine GmbH) via the website www.bloom-shine.eu. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of Goods .

(2) As soon as the respective product is listed on our website, we make you a binding offer to conclude a contract via the online shopping cart system for the items specified in the item description Conditions. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button  (or similar name) and entering your personal data as well as the payment and shipping conditions, you will then be shown the order data as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
You will be redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the option of checking the information in the order overview again, changing it (also using the "back" function of the Internet browser) or canceling the order.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on offered payment methods

(1)Credit check
If we make advance payments, e.g. when paying by invoice or direct debit, your data will be sent to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden,  to protect our legitimate interests for the purpose of credit checks based on mathematical and statistical procedurespassed on. We reserve the right to refuse you the payment method by invoice or direct debit as a result of the credit check.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via "Shopify Payments"
If you select a payment method that is offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 4 Provision of services for vouchers (Voucher conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the legal notice.

(2) Purchased vouchers entitle you to redeem the credit shown with the voucher within the validity period (validity period). Vouchers can only be redeemed in our online shop at www.bloom-shine.eu or, if specified, in our local store. The service description and the redemption conditions described there apply at the time of purchase of the voucher.

(3) The validity period of the voucher is 3 years from purchase to the end of the calendar year, unless a different period of validity is stated in the respective offer.

(4)The prerequisite for redeeming a voucher is full payment of the purchase price for the voucher Voucher. The voucher must be redeemed as part of the electronic ordering process on our website by entering the voucher code in the input field provided. Subsequent billing is excluded. Any remaining credit remains on the voucher and can be used for further orders.

(5) Only one voucher can be redeemed per order.

(6)No refund or exchange will be made after the cancellation period has expired or the right of cancellation has expired for consumers. A payout/partial payout of voucher amounts is not possible. No interest will be charged on the voucher balance. If you exercise the statutory right of withdrawal for goods or services paid for with the voucher, the voucher amount included in the purchase price will only be credited as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) A passing on or transfer of the voucher is permitted.

§ 5 Zurückbehaltungsrecht, Eigentumsvorbehalt

(1) Ein Zurückbehaltungsrecht können Sie nur ausüben, soweit es sich um Forderungen aus demselben Vertragsverhältnis handelt.

(2) Die Ware bleibt bis zur vollständigen Zahlung des Kaufpreises unser Eigentum.

§ 6 Gewährleistung

(1) There are statutory liability rights for defects.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about the same before we made the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services from the existing business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer information

1. Identity of the seller

Bloom and Shine GmbH
Am Sandweg 34
01454 Radeberg
Germany
Telephone: +493528-48786-00
Email: [email protected]


We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of the Gewerbebund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertification criteria.pdf.

4.2. We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential features of the goods or services

The essential features of the goods and/or services can be found in the respective offer.

6. Prices and payment methods

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping is guaranteed.

6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which you must bear. 

6.4. Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Terms of delivery

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes when the goods are handed over to you, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the dealer association’s lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service.