Terms & Conditions

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (BYLUNICA) via the www.bylunica.com website. Unless otherwise agreed, the inclusion of your own conditions that may have been used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and / or the provision of repair services.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods and / or repair services intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all of the order data will then be displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.

If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the “order with obligation to pay” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) 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 e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness and in this respect accept no liability for errors.

§ 4 Service provision for repairs

(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief, personally or through third parties.

(2) You are obliged to cooperate, in particular you have to describe the existing defect in the device as comprehensively as possible and to make the defective device available.

(3) You bear the costs of sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including the sending of the device, takes place within 5 - 7 days of receipt of the device to be repaired (if advance payment has been agreed, however, only after the time of your payment instruction).

(5) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a flat fee if the execution has not yet started. If the statutory right of cancellation exists, this only applies if you only make use of your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no or significantly lower costs.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

for culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;

insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the item;

for items that have been used for a building in accordance with their normal use and have caused its defectiveness;

in the case of legal recourse claims that you have against us in connection with warranty rights.

§ 7 choice of law

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.

II. Customer information

1. Identity of the seller