General Terms and Conditions Bohème Living

1. Scope of application, contracting parties

1.1 The following terms and conditions of sale apply to all contracts between Imke Deigner 'Bohème Living' (hereinafter also referred to as "Provider" and or "Bohème Living") and third parties (hereinafter also referred to as "Customer") for the sale of goods concluded via the online shop www.boheme-living.com. They regulate the sale, delivery and all other services between the Provider and the Customer. Deviating regulations are to be agreed expressly and in writing.

1.2  Imke Deigner 'Bohème Living' and the Customer are the contractual partners for ordering products from the online shop. The Customer is a consumer to the extent the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. Whereas, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

1.3 Imke Deigner 'Bohème Living'  does not accept any other general terms and conditions unless expressly agreed otherwise in writing.

2. Conclusion of contract

2.1 The following provisions on the conclusion of a contract apply to orders placed via the online shop www.boheme-living.com.

2.2 In the event of the conclusion of a contract, the contract is concluded with

Bohème Living
Imke Deigner 
Holbeinstrasse 58
14612 Falkensee

phone: 0049-0160-3430505
E-mail: info@boheme-living.com.

2.3 The purchase of goods offered by Bohème Living is possible for both registered and unregistered Customers. Registration or login at www.boheme-living.com is free of charge and can be terminated at any time without notice. There are no obligations for the Customer. The cancellation is made informally by e-mail to the address info@boheme-living.com.

2.4 The offer of the goods on www.boheme-living.com does not constitute a legally binding contractual offer in the sense of Section 145 BGB, but is only to be understood as a non-binding invitation to the Customer to submit an offer. By ordering the goods, the Customer submits a binding offer to conclude a sales contract.

2.5 Upon receipt of an order at www.boheme-living.com, the following provisions shall apply: The Customer submits a binding contractual offer by successfully completing the order procedure provided by Bohème Living.

The order is placed in the following steps:

1. Selection of the desired goods via the button "Add to cart".
2. Verification of the data in the cart.
3. Confirmation of the order by clicking the button „Proceed to Checkout“.
4. Login to the online shop after registration and entry of the registration details (e-mail address and password) or one-time registration as a guest.
5. Further examination or correction of the respective data.
6. Binding dispatch of the chargeable order (offer) by clicking the button "Place Order", but the order can only be placed and transmitted if the Customer by clicking the button "I have read and agree to the terms and conditions” and the button "I have read the revocation policy" accepted these terms and conditions and thereby included them in his order.

The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic acknowledgement of receipt constitutes an acceptance of the offer, unless it is expressly stated in the acknowledgement of receipt that this does not constitute an acceptance, as the acceptance takes place in a separate way.

Bohème Living is not obliged to accept the Customer's offer. The information on products and prices within the ordering process is not legally binding but non-binding and subject to confirmation. Only upon acceptance of the offer made by the Customer shall a claim for delivery of the goods arise. Until such time, the online shop operator shall have the right to refrain from delivering the goods offered if they are unavailable.

3. Prices and shipping costs

3.1 For orders on www.boheme-living.com, the prices stated on the article page at the time of the order apply. The prices are quoted in Euro and include the applicable statutory value-added tax at the time of the order. Not included are the prices for shipping, packaging and insurance (shipping costs). These will be charged separately for the order and depend in particular on the size and weight of the goods as well as the selected shipping method and shipping address. The shipping costs are to be borne by the Customer and can be viewed in advance via the Delivery button at the bottom of the website. The shipping costs of the respective order are displayed to the Customer in the cart. The prices for shipping within Germany are shown in the cart. The prices for shipping to European foreign countries can be shown correctly only after successful registration. The shipping to islands and difficulty accessible areas, may be subject to higher shipping costs. The Customer will be informed about these if necessary by email. The shipping outside of Germany and Austria may also be subject to higher shipping costs, about which the Customer is informed by email if necessary. If the Customer as a consumer makes use of his right of withdrawal, he does not have to bear the costs of shipping goods to the Customer. However, he bears the costs of the return.

3.2 The Customer can choose to pay in advance, immediately from Klarna, credit card or PayPal. Bohème Living reserves the right to exclude specific payment methods for certain products or countries and to make deliveries only against advance payment.

3.3 Payment of the purchase price shall be due immediately after conclusion of the contract.

3.4 If the contract is not concluded, Bohème Living shall immediately refund the received purchase price.

4. Delivery

4.1 Bohème Living shall deliver the ordered goods within 1-2 weeks of payment. Longer delivery times may apply for products that have to be specially manufactured as well as for larger products that are delivered by a forwarding agent. These are noted on the respective article page. In the event that the product is temporarily unavailable, an additional period of 4 weeks will be set in motion after expiry of the delivery period stated on the article page. If the product is also not available within this period, the Customer can withdraw from the contract.

4.2 If a product is no longer available, Bohème Living shall immediately refund to the Customer the received purchase price.

4.3 Deliveries shall be made within Germany, the EU and Switzerland to the delivery address provided by you. You are responsible for ensuring that the delivery can be delivered during normal business hours to the address you have specified.

4.4 Against payment in advance, goods will also be shipped outside the EU if you contact us in advance by email at info@boheme-living.com.

4.5 The shipping risk is borne by the Provider if the Customer is a consumer.

5. Retention of title

Until the purchase price has been paid in full, the delivered goods shall remain the property of Bohème Living.

6 Warranty, liability

6.1 The warranty shall be governed by the statutory warranty for defects, in particular Sections 434 et seqq. BGB (German Civil Code). Bohème Living's warranty obligation towards entrepreneurs for delivered goods (things) shall be 12 months. The parties agree on a shortened limitation period of one year for warranty claims in regard to offers of used goods.

6.2 Claims for damages by the Customer are excluded, except for Customer's claims for damages against Bohème Living resulting from injury to life, body or health or from a breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Bohème Living, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

6.3 Bohème Living shall only be liable in the event of a breach of material contractual obligations for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless in case of Customer's claims due to injury to life, body or health.

6.4 The restrictions in paragraphs 1 and 2 of this section 6 shall also apply in favour of Bohème Living's legal representatives and vicarious agents if claims are asserted directly against them.

6.5 The provisions of the Product Liability Act shall remain unaffected.

7. Right of Withdrawal

Consumers within the sense of Section 13 BGB generally have a statutory right of withdrawal when concluding a distance contract, about which the Provider informs in accordance with the statutory model below. In this regard a distinction is made between goods that can be sent by post (instruction on withdrawal according to section 7.1) and goods that must be shipped by forwarding agent (instruction on withdrawal according to section 7.2). We provide information on the model withdrawal form under section 7.4.

7.1 Instructions on withdrawal for goods that can be sent by post

- Instructions on withdrawal -

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us,

Bohème Living Imke Deigner

Holbeinstrasse 58

14612 Falkensee

Phone number: 0049-160-3430505

E-mail address: info@boheme-living.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdraw from, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

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 no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of instructions on withdrawal -

7.2 Instructions on withdrawal for goods that must be shipped by forwarding agent

- Instructions on withdrawal -

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us,

Bohème Living Imke Deigner 

Holbeinstrasse 58

14612 Falkensee

Phone number: 0049-160-3430505

E-mail address: info@boheme-living.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdraw from, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

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 no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 69 EUR.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of instructions on withdrawal -

7.3 Unless the parties have agreed otherwise, the right of withdrawal shall not apply to contracts for the delivery of goods which are non-prefabricated goods made on the basis of an individual choice of or decision by the consumer.

7.4 The Provider provides the following information on the model withdrawal form in accordance with the statutory provisions:

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

-To:

Bohème Living Imke Deigner & Catherine Mühlemann GbR

Holbeinstrasse 58

14612 Falkensee

E-mail address: info@boheme-living.com

- I/we (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper)

- Date

(*) Delete as appropriate

8. Data protection

Bohème Living complies with the provisions of the Data Protection Act. For more information, please refer to the privacy statement at https://boheme-living.com/index.php/datenschutz/.

9. Alternative dispute resolution

The European Commission is providing a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. Bohème Living is not obliged and does not voluntarily participate in dispute resolution proceedings before a consumer mediation board.

10. Amendments to the General Terms and Conditions of Business

The Provider reserves the right to change these general terms and conditions at any time by deletions, replacements or additions. Orders are subject to the terms and conditions in force at the time the order is placed, unless a change to these terms is required by law or governmental order (in which case the current terms and conditions will also apply to orders placed prior to their entry into force).

11. Final provisions

11.1 To the conclusion and processing of contracts concluded on www.boheme-living.com">www.boheme-living.com the laws of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 If the Customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from the contract shall be Bohème Living's place of business or, at Bohème Living's option, the Customer's general place of jurisdiction.

11.3 Should one or more provisions of these General Terms and Conditions be legally invalid, this shall not invalidate the entire contract. Rather, the invalid provision shall be replaced by the relevant valid provision. The same applies to any loopholes in this contract. If this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.