Terms and Conditions (B2B)

scope

(1) These General Terms and Conditions (GTC) apply to the use of the area for entrepreneurs on our website dieoutbacker.com as well as to all contracts concluded between,

Outbackers
Owner: Christin Beyer
Arndtstr. 26
44534 Luenen
Germany

Email: info@theoutbackers.com
Phone: +49 (0)23068495810

VAT identification number according to Section 27a of the Sales Tax Law:
DE324180613

and
You as our business customer.

(2) All agreements made between you and us in this context arise in particular from these General Terms and Conditions, our written confirmation of order receipt (order confirmation) and our written declaration of acceptance of the contract (order confirmation).

(3) Our General Terms and Conditions are applicable in the version valid at the time the contract is concluded. They apply exclusively. Any deviating contractual terms of the customer will only become part of the contract if we expressly agree to their validity in writing. These do not become valid even if we carry out the delivery to the customer without reservation despite knowing about them.

(4) Any references to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these General Terms and Conditions.

(5) Our range of services in the dealer area is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity.

(6) You can print and/or save these Terms and Conditions. For this purpose, this page can be saved via the browser and/or printed out immediately.

§ 2 Customer account, registration, account deletion, availability of the website

(1) To use our range of services, you must register with your personal data on our website blush-indigo.com and create a customer account or log in with your login data from your existing account. These processes are free of charge.

To protect against misuse of your data, you must "activate" your customer account for successful registration. To do this, we will send an email with an activation link to the email address used for registration. We will then confirm the successful creation of your customer account by email. If the customer account is not activated within 7 days, your data will be automatically deleted.

(2) Since our offer is aimed exclusively at business customers, you must also provide proof of your status as an entrepreneur. To finally activate your customer account for orders, please send us appropriate proof of your business, such as a business license, to our postal or email address specified in Section 1, as well as your VAT identification number. We would also appreciate a link to your homepage and your social media platforms if you have them.

(3) There are no claims to the use, technical availability or further development of our website. The processing of ongoing orders remains unaffected by this.

(4) You are obliged to provide truthful information and to make appropriate updates in the event of changes to your personal data if you wish to (continue to) use our range of services.

(5) You are not permitted to pass on your login data to third parties. You are obliged to treat this data confidentially and to prevent any unauthorized use by third parties to a reasonable extent.

(6) Each customer may only have one customer account at a time. If a customer has additional accounts with us, we reserve the right to delete all accounts opened after the first registration and to exclude the customer from using our range of services.

(7) You and we can delete your customer account at any time without notice and without giving reasons. To do this, you must send an email to hello@blush-indigo.com using the email address associated with your customer account, clearly stating your intention to delete your account. Legal relationships that have yet to be processed remain unaffected. This applies in particular to orders that have already been placed and are not yet completed.

(8) When deleting your customer account, your personal data generated here will also be deleted if you have made a request to this effect and there are no legal retention requirements, or if the data is no longer required to fulfil the purpose for which it was stored, or if its storage is not permitted for other legal reasons. The request must be sent to one of the addresses specified in Section 1.

§ 3 Conclusion of contract, legally relevant declarations

(1) The presentation and advertising of articles in our web shop does not constitute a legally binding offer to conclude a purchase contract in accordance with Section 433 of the German Civil Code (BGB). The goods ordered may differ slightly from the goods shown due to the technical presentation options within reasonable limits; in particular, there may be color deviations. In this case, we will still fulfill our contractual obligations with the deviation, provided that the deviation is reasonable for you.

(2) By submitting an order via the online shop by clicking on the button "order with payment" you are making a binding offer aimed at concluding a purchase contract. You have the right to withdraw the purchase contract within 24 hours if you have notified us in writing within this period and your order has not yet been sent.

(3) We will immediately confirm receipt of your order placed via our online shop by sending an automated email, the order confirmation. Such an email does not constitute a binding acceptance of the order on our part, unless we declare acceptance in addition to confirmation of receipt.

(4) We can accept the offer within 5 days. This period begins on the day after you submit your offer and ends on the fifth day. The contract can be concluded alternatively by

• our order confirmation

• Delivery of ordered products when purchasing on account

After 5 days, you will not be able to make any changes to your order unless we have approved it. Changes to orders that have already been sent cannot be made.

If we do not accept your offer within the deadline, you are no longer bound by your offer.

(5) The contract is concluded in German.

(6) The contract text with the details of your order will be sent to you by email after the contract has been concluded. We store the contract text in compliance with data protection regulations.

(7) The submission of an offer on our website is not permitted, with the consequence that a contract cannot be concluded if

• the purchaser is not of legal age or fully capable of entering into a contract at the time the purchase offer is submitted.

• the customer does not act in his capacity as an entrepreneur under the conditions of Section 1 Paragraph 5.

• a billing and/or delivery address outside the European Union or Switzerland is stored on our website.

(8) Legally relevant declarations and notifications from the customer in relation to the contract (e.g. notification of defects, setting of deadlines, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. email, fax, letter). Statutory formal requirements remain unaffected. If we have doubts about the legitimacy of the person making the declaration, we reserve the right to request proof of this.

§ 4 Availability, delivery, collection, transfer of risk

(1) We reserve the right to check the availability of the goods until the offer is accepted. We also reserve the right to make errors and technical mistakes in the information about the goods.

(2) We can send the goods to the address provided by the customer when ordering or, by prior arrangement, can collect them from our offices, Arndtstr. 26, 44534 Lünen.

(3 ) The shipment of the goods to another destination (sale by dispatch) is at the customer's expense. Unless otherwise agreed, we are entitled to determine the type of shipment, in particular packaging, transport company and shipping route.

(4) In the case of mail order sales, the delivery period is usually specified by us when we accept the order. If no delivery period has been specified, it is approximately one week from the conclusion of the contract.

(5) We ship to the following EU countries: Belgium, Denmark, France, Greece, Great Britain, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Austria, Poland, Portugal, Sweden, Spain.

(6) Delivery is usually made in one shipment. In exceptional cases, we can send the ordered goods in partial deliveries, provided this is reasonable for the customer.

(7) If we are unable to meet binding delivery deadlines for reasons beyond our control, we will inform the customer of this immediately. At the same time, we will inform the customer of the expected new delivery deadline. If the goods are not available within the new delivery deadline, we are entitled to withdraw from the contract in whole or in part. Payments already made will be refunded immediately, provided that we have the payment details, in particular the bank account details, in writing.

(8) The goods must be picked up from our offices during business hours and, if necessary, by arrangement. Our regular business hours are: Monday to Friday from 9 a.m. to 4 p.m.

(9) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the dispatch.

(10) Delivery shall be deemed to have taken place if the customer is in default with acceptance.

§ 5 Prices, shipping costs, right of withdrawal

(1) Prices stated in our online shop are net prices and are exclusive of statutory VAT plus shipping costs.

(2) Shipping is usually carried out by DHL or another parcel service provider. Shipping costs are calculated based on the actual weight and number of parcels.

(3) Any customs duties, fees, taxes and other public charges shall be borne by the customer.

(4) If we fulfill your order by making partial deliveries in accordance with Section 4, Paragraph 6, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs separately for each partial delivery.

(5) If we have sent the wrong goods, please contact us immediately so that we can correct the error promptly. You are not responsible for shipping costs caused by incorrectly sent items.

§ 6 Terms of payment, offsetting and retention rights

(1) Payment can generally be made in advance, via Klarna, credit card, Paypal or invoice.

(2) If payment in advance is chosen, the payment request will be sent together with the order confirmation. The amount is only due after this payment request. and will be paid into our account at Volksbank:

Outbackers
IBAN: DE25 4126 2501 1752 8522 00
BIC: GENODEM1AHL

(3) The payment method "on account" is not available to new customers. It can be granted to regular customers on request. However, within the framework of an ongoing business relationship, we are entitled at any time to make a delivery in whole or in part only against advance payment or cash payment. We will declare a corresponding reservation at the latest with the respective order confirmation.

(4) Set-off against our claims is only permitted if your counterclaims have been legally established or are undisputed. Set-off against our claims is also possible if you assert complaints about defects or counterclaims from the same purchase contract.

(5) The assertion of a right of retention can only be made if your counterclaim arises from the same purchase contract.

§ 7 Retention of title, withdrawal, assignment

(1) The delivered goods remain our property until all claims arising from an ongoing business relationship have been settled in full.

(2) If the customer acts in breach of contract, in particular if the customer does not properly meet his payment obligations, if the customer provides false information about his creditworthiness or if an application is made to open insolvency proceedings against the customer's assets, we are entitled - if necessary after setting a deadline - to withdraw from the contract and demand the return of the goods if the customer has not yet paid the consideration or has not paid it in full. The assertion of further claims remains reserved.

(3) The customer is entitled, until revoked, to resell the goods in the ordinary course of business.

(4) The customer hereby assigns to us all claims in the amount of the invoice that accrue to him against a third party through the resale. We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves in the cases of paragraph 2 of this regulation.

§ 8 Defects, obligation to inspect and report, period for giving notice of defects, warranty, guarantee

(1) Ordered goods may differ slightly from the goods shown within reasonable limits. Reference is made to Section 3, Paragraph 1, Sentence 2 and Sentence 3 of these Terms and Conditions.

(2) We shall be liable for material and/or legal defects in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB), unless otherwise provided in these Terms and Conditions.

(3) We assume no liability for public statements made by third parties (e.g. advertising statements).

(4) The customer's claims for defects presuppose that he has fulfilled his obligations to inspect and give notice of defects in accordance with the statutory provisions. You must notify us in writing of any obvious defects in the goods delivered within 7 days of receipt of the goods. If the defects are not obvious, you must also notify us in writing within 7 days of becoming aware of them.

(5) We do not provide any guarantees to the customer in the legal sense unless such have been expressly agreed.

§ 9 Liability

(1) In all cases of contractual and non-contractual liability in the event of intent and gross negligence, this shall be determined in accordance with the statutory provisions on compensation for damages or reimbursement of wasted expenditure. The same applies to our legal representatives and the vicarious agents employed by us.

(2) In cases of simple negligence, we shall only be liable - unless otherwise provided for in paragraph 3 of this provision - if a contractual obligation is breached, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions of paragraph 3 of this provision.

(3) Our liability for damages resulting from injury to life, body or health, under the Product Liability Act, in the case of fraudulent concealment of a defect and in the case of the assumption of a guarantee remains unaffected by the above limitations or exclusions of liability.

§ 10 Rights, violations of law

(1) We hold copyright, usage and trademark rights to all images, films, logos and texts published on our website. Use is prohibited without the express consent of the rights holder. Use is permitted in the context of product presentation in compliance with the conditions set out in Section 10. In our dealer area you have access to downloadable image material which you can use for advertising purposes on your homepage or social media platform such as Instagram and Facebook. The prerequisite is the mention and/or linking of Outbacker (@outbacker).

(2) Outbacker reserves the right to prosecute violations of the provisions set out in Section 10 as well as of legal provisions protecting intellectual property, such as trademark or competition law.

(3) In the event of a breach of our Terms and Conditions or legal violations, Outbacker reserves the right to exclude the customer from the online shop at any time and to block or delete the customer account.

(4) It may happen that there are errors on our shop page. These may be spelling mistakes, errors in the price information or technical errors. We reserve the right to correct errors at any time, change information and, if necessary, cancel orders if these are based on incorrect information.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is our registered office in Berlin.

Priority legal provisions, in particular those relating to exclusive jurisdiction, remain unaffected.

(3) Even if individual points are legally invalid, the remaining parts of the contract remain valid. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.