Terms of Service

table of contents

  1. scope
  2. conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. retention of title
  7. Liability for defects (warranty)
  8. liability
  9. Special conditions for the processing of goods according to specific customer specifications
  10. Redeeming promotional vouchers
  11. Redeeming Gift Vouchers
  12. Applicable Law
  13. place of jurisdiction
  14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of BLACKCOCO's GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter "digital products") that are included in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, post, or telephone.

2.3 The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de /webapps /mpp /ua /privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If you select the payment method "Amazon Payments", payment processing will be carried out by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help /201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If you select the "SOFORT" payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," provide appropriate identification during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/immediately / retrieve.

4.5 When selecting a payment method offered via the "mollie" payment service, payment processing is carried out by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. Mollie may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information about "mollie" is available online at https://www.mollie.com/en / available.

4.6 When selecting a payment method offered through the "Unzer" payment service, payment processing will be carried out by the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: "Unzer"). The individual payment methods offered through Unzer will be communicated to the customer in the seller's online shop. Unzer may use the services of third-party payment service providers to process payments, for which special payment terms may apply, to which the customer will be informed separately if necessary. Further information about "Unzer" is available online at https://www.unzer.com/de /payment methods / available.

4.7 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop. The seller also reserves the right to conduct a credit check if you choose to pay by invoice and to reject this payment method if the credit check is negative.

4.8 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is due within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.

4.9 If the "easyCredit installment purchase" payment method is selected, payment will be processed via TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), to which the seller assigns its payment claim. Before accepting the seller's declaration of assignment, TeamBank AG will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the "easyCredit installment purchase" payment method to the customer in the event of a negative check result. If the "easyCredit installment purchase" payment method is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG according to the terms and conditions set by the seller, which are communicated to the customer in the seller's online shop. In this case, the customer can only make payments to TeamBank AG with debt-discharging effect. However, even in the event of an assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation notices and returns, or credit notes. The General Terms and Conditions for easyCredit installment purchase apply in addition, and are available online at https://www.easycredit-ratenkauf.de/marketing-material-training /general-terms-and-conditions / can be accessed.

4.10 If you select a payment method offered through the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:

https://gentor.de/Payment options

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller during the order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.4 If the customer is a business owner, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods.Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 If the seller offers the goods for collection, the customer can pick up the ordered goods at the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

  • per Download
  • by E-Mail

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • For new goods, the limitation period for warranty claims is one year from delivery of the goods;
  • For used goods, warranty rights are excluded;
  • the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

7.3 The limitations of liability and shortening of time limits set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant i.S.d. Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial obligation to inspect and notify defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise agreed in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, the seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible in particular for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

9.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or is morally reprehensible. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent.

11) Redeeming Gift Certificates

11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent payment is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash or accrue interest.

11.8 The gift voucher is transferable. The seller may discharge the respective holder's obligations by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.

12) Governing Law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

13) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers /odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.