General Terms and Conditions
- Scope of application and definitions
- The business relationship between papilioblanc (owner Günter Gerald Götzer), Marktplatz 12, 94051 Hauzenberg (hereinafter referred to as "PROVIDER") and the recipient of the services (hereinafter referred to as "CUSTOMER", hereinafter also referred to collectively as the "PARTIES"), in particular for contracts for the sale and delivery of movable goods (hereinafter referred to as "goods", "merchandise", "product" or "products") via the website https://www.papilioblanc.com/ (hereinafter referred to as "WEBSITE") shall be governed exclusively by these General Terms and Conditions.
- Conflicting, deviating or supplementary general terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions shall also apply if the PROVIDER performs services without reservation in the knowledge that the CUSTOMER's terms and conditions conflict with or deviate from these General Terms and Conditions.
- All information provided by the CUSTOMER during the ordering process must be current and truthful. The CUSTOMER must be of legal age to register. There is no entitlement to the conclusion of a contract.
- The CUSTOMER must keep his access data, in particular the password he has chosen, secret. The CUSTOMER is obliged to inform the PROVIDER immediately if there are any indications that the access data may be used without authorization.
- The version of the PROVIDER's General Terms and Conditions valid at the time of conclusion of the contract shall apply.
- Insofar as the generic masculine is used in the following provisions, this is solely for reasons of simplicity and does not imply any valuation.
- Conclusion of contract
- The presentation of the goods on the website, in social networks or in advertisements does not constitute a legally binding offer by the PROVIDER to conclude a purchase contract. The CUSTOMER is merely invited to submit an offer by placing an order.
- When one or more products are selected, they are placed in a virtual shopping cart, where the selected product(s) can be viewed and their quantity can be changed or the products removed. By clicking on the "Checkout" button, the CUSTOMER is asked to enter the information relevant for shipping and to select a payment method. Before completing the order, the CUSTOMER is shown a summary of all information relevant to the order. By pressing the "Buy" or "Order with obligation to pay" button, the order process is completed and the order is sent.
- By submitting the order on the website, the CUSTOMER submits a binding offer to conclude a purchase contract for the product(s) contained in the shopping cart. By submitting the order, the CUSTOMER also recognizes these terms and conditions as the sole authoritative terms for the legal relationship with the PROVIDER.
- The PROVIDER confirms receipt of the CUSTOMER's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contractual offer by the PROVIDER. It merely serves to inform the CUSTOMER that the order has been received by the PROVIDER.
- The declaration of acceptance of the contract offer is made by an express contract confirmation by email.
- Contracts concluded via the WEBSITE are concluded exclusively in German.
- The CUSTOMER can view, print or save the General Terms and Conditions at any time at the URL https://www.papilioblanc.com/agb by using the corresponding function of the browser ("Print or "Save as").
- Prices, shipping costs, delivery times
- The price(s) listed for the product(s) at the time of ordering shall apply to orders. All prices quoted are final prices (gross prices), which include statutory VAT and other price components.
- In addition to the prices stated, delivery costs may be incurred for delivery. The CUSTOMER will be clearly informed of any shipping costs incurred on the product pages, in the shopping cart system and on the order page.
- Goods marked as "available" on the website will be delivered immediately after receipt of the order and, if applicable, after receipt of advance payment within a maximum of 5 working days. The PROVIDER shall indicate any deviating delivery times on the respective product page.
- Payment methods
- Payment is possible by direct debit, PayPal, prepayment and invoice.
- In the case of payment by direct debit, the CUSTOMER undertakes to issue the PROVIDER with a (SEPA) direct debit authorization immediately after conclusion of the contract, but at the latest within 7 days of conclusion of the contract.
- The CUSTOMER agrees that the PROVIDER's invoices shall generally be sent to the specified invoice recipient in electronic form.
- Delivery
- If the PROVIDER is unable to meet a binding delivery deadline for reasons for which the PROVIDER is not responsible (e.g. due to a lack of self-supply by upstream suppliers or force majeure), the PROVIDER shall inform the CUSTOMER of this immediately, stating the new expected delivery deadline if applicable. If the new delivery period is not acceptable to the CUSTOMER or if the goods are no longer available within the new delivery period or at all, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; in this case, any consideration already paid shall be reimbursed immediately. The statutory rights of the contracting parties shall remain unaffected by this.
- In cases of force majeure, the delivery period shall be extended accordingly. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transportation bottlenecks, operational hindrances, for example due to fire, water, machine damage and lightning strikes and all other hindrances that the PROVIDER could not foresee and is not responsible for. The PROVIDER shall inform the customer immediately of the start and end times of such obstacles to delivery.
- Liability for damages
- The PROVIDER shall be liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions:
- The PROVIDER shall be liable without limitation for damages resulting from injury to life, limb or health caused by intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER shall be liable for damages caused by intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents as well as for damages due to non-compliance with a guarantee or warranted characteristic given by the PROVIDER or due to fraudulently concealed defects.
- The PROVIDER shall be liable, limited to compensation for foreseeable damages typical of the contract, for such damages that are based on a slightly negligent breach of material contractual obligations by the PROVIDER or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
- Warranty
- The images used by the PROVIDER in the product description are sample images. After conclusion of the purchase contract, the CUSTOMER has no claim to the specific product depicted in the sample image; the PROVIDER fulfills its obligations by delivering a product of average type and quality from the category of the product depicted in the sample image. In the course of delivery, there may be deviations in terms of color, scale, size and pattern between the sample image shown and the delivered product. These deviations do not constitute a material defect.
- If the CUSTOMER is an entrepreneur, the following also applies:
- Claims for defects on the part of the CUSTOMER presuppose that the CUSTOMER has properly fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).
- If there is a defect in the purchased item, the PROVIDER is entitled, at its discretion, to subsequent performance in the form of rectification of the defect or delivery of a new defect-free item. In the event of rectification of the defect, the PROVIDER is obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.
- If the subsequent performance fails, the CUSTOMER shall be entitled, at his discretion, to demand withdrawal or a reduction in price.
- The limitation period for claims for defects is 12 months, calculated from the transfer of risk. The statutory limitation period shall apply to the claims specified in sections 6.2 and 6.3.
- The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is two years, calculated from delivery of the defective item.
- Retention of title, offsetting
- The goods remain the property of the PROVIDER until full payment has been made.
- The CUSTOMER is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed or recognized by the PROVIDER. This does not apply to claims to which the CUSTOMER is entitled due to the exercise of the right of withdrawal and to claims to which the CUSTOMER is entitled from the same purchase contract.
- If the CUSTOMER is in arrears with any payment obligations to the PROVIDER, all existing claims shall become due immediately.
- Data protection, confidentiality
- The CUSTOMER is informed that the PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data shall be treated confidentially.
- The PARTIES undertake to treat as confidential any information from the other party that becomes known to them in the course of the performance of the contract.
- Right of withdrawal
- In the event that the contractual agreement is an off-premises or distance contract and the CUSTOMER is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes that are predominantly neither commercial nor self-employed, he has a right of withdrawal in accordance with the following provisions.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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 the right to cancel, you must inform us (papilioblanc (Inhaber Günter Gerald Götzer), Marktplatz 12, 94051, Hauzenberg, info@papilioblanc.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail to info@papilioblanc.com). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment 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 or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us).
-An papilioblanc (owner Günter Geradld Götzer), Marktplatz 12, 94051 Hauzenberg
-I/we (*) hereby revoke 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 notification on paper) Date
(*) Delete as appropriate.
- General provisions
- Any invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions.
- We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Status: March 2025