Deutsche version here.
I. Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders (including pre-order purchases) via the Internet/online from the website http://www.blloc.com (hereinafter referred to as "Website") of Blloc GmbH, Gormannstr. 14, 10119 Berlin (hereinafter referred to as "Blloc") as well as for the purchase and use of the Blloc Ratio app and other apps and programs from Blloc via external app stores, by the customer (hereinafter referred to as "Customer").To the extent that these General Terms and Conditions refer to "consumers", this refers to natural persons for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity. "Entrepreneurs", on the other hand, are natural or legal persons or partnerships with legal capacity who order for commercial, independent or freelance purposes. "Customers" within the meaning of these GTC are both consumers and entrepreneurs.All orders for goods, sales, deliveries, granting of rights of use and other business relationships are made exclusively on the basis of these General Terms and Conditions. Blloc does not recognise deviating conditions unless Blloc has expressly agreed to these deviating conditions in writing. This does not apply to the application of the GTCs of the App Store providers, through which the customer can purchase Bloc Ratio AppBlloc will execute online orders in accordance with Blloc's General Terms and Conditions valid at the time of the order. These General Terms and Conditions are available to the customer on the website and are clearly marked. Blloc reserves the right to make changes to the GTC at any time.All representations of goods and products on the website are not legally to be qualified as an offer/application, but as a non-binding invitation to the user/customer to place an order and thus to submit their own offer/application.
II. Conclusion of contract
a. By submitting the order or the pre-order for the goods selected by the customer (placed in the virtual shopping basket), the customer makes a binding offer to conclude a purchase contract. The orderer becomes the customer with this binding submission of the offer (click on the button: "order subject to payment"/ "order"). Supplements and changes to the order by the customer can then usually no longer be taken into account. A legal claim to additions or changes is excluded.
b. A purchase contract for these bindingly ordered goods is only concluded upon acceptance by Blloc. A binding acceptance of the offer shall be made in writing, in text form by e-mail or by sending the goods. The sending of an order confirmation does not constitute a declaration of acceptance unless expressly stated otherwise. Blloc may refuse acceptance of the offer without stating reasons.
c. As an exception, Blloc is not obliged to deliver the ordered goods if the goods are not available to Blloc. However, the prerequisite for this is that Blloc orders the goods properly from its suppliers and is not otherwise responsible for the non-availability. Blloc shall inform the customer immediately and reimburse any payments already made. Further claims of the customer are excluded.
III. Prices, shipping costs, Retention of title
a. All offers of goods on the website are non-binding. Errors, mistakes, availability and changes, in particular with regard to product descriptions and their representations, are reserved. The prices indicated at the time of the order are valid, all previous prices lose their validity.
b. All prices mentioned are in EURO including the legally valid German value added tax (currently 16%)
c. The costs for the dispatch of the products are borne by the customer and are dependent on the dispatch service provider selected by him as well as the mode of dispatch. If Blloc offers free delivery, it shall bear the costs of delivery if the customer selects this option. Blloc is not obliged to offer a free delivery.
d. The delivered goods remain the property of Blloc until full payment has been made. Until the complete payment of the purchase price, the customer undertakes not to dispose of the goods by sale, pledging, renting, lending, processing, transformation, transfer by way of security or in any other way.
IV. Delivery, Availability of Goods, Pre-Order and Orders
a. Packaging and dispatch of the ordered goods shall be carried out by Blloc or a third party commissioned by Blloc. Blloc is expressly entitled to commission such a third party.
b. Delivery shall be at the risk of the customer. As soon as the goods have been handed over by Blloc to a transport company, the risk shall pass to the customer. This shall also apply to partial deliveries. Delivery shall be made to the delivery address specified by the customer. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the customer until the goods have been handed over, even in the case of sale by delivery to destination. It shall be equivalent to the handover if the customer is in default of acceptance.
c. The goods will be shipped within one to two working days. If the ordered item is not in stock at Blloc, Blloc will ship the item within seven working days (depending on the supplier's ability to deliver).
d. Pre-Order: Shipment will take place within one to two working days of the availability date indicated on the website. The indicated availability date will be calculated by Blloc to the best of its knowledge and may be subject to delays in first production. Blloc will inform the customer immediately about possible delays.e. If Blloc is unable to deliver the ordered goods, Blloc will inform the customer immediately. Any payments that were already made will be refunded immediately. The customer's legal claims shall remain unaffected.f. Information on delivery periods is generally non-binding, unless a specific delivery period has been expressly agreed in writing.
V. Terms of payment a. The customer can make the payment exclusively over the payment ways offered in the online shop of the supplier. The available payment methods are displayed to the customer in the online shop in the order mask and in the order process for selection. Blloc reserves the right to exclude individual payment methods or to offer only selected payment methods.
b. Payment of the purchase price is due immediately with the conclusion of the contract. In the case of payment by credit card or PayPal, the customer's account shall be debited immediately after conclusion of the contract. The Customer shall be in default of payment for any payment method without the need for a reminder if the payment has not been received by the Provider no later than 14 days after the due date. In this case he has to pay the provider default interest in the amount of the legally applicable default interest. c. Discount deduction is not possible. Possible bank charges for orders from abroad are always at the expense of the client/customer
d. Blloc will issue the customer an electronic invoice and attach this to the e-mail "Shipping Confirmation" when the goods are dispatched. An electronic invoice is an invoice issued and received in an electronic format. The Customer agrees to the electronic transmission of the invoice.
e. The Blloc Ratio App is purchased through third-party app stores, currently only through the Google Play Store. In this respect, the payment conditions of the respective store provider apply.VI.
BllocProtect f. Upon delivery of the Blloc Smartphone, the customer receives a one-time offer from Blloc to exchange his Blloc Smartphone for a new Blloc Smartphone (out-of-the-box insurance) within the first 12 months from the date of delivery, if the Blloc Smartphone is damaged as per Clause b) occurs. g. Damage within the meaning of a. shall only be deemed to have occurred if (1) fall, drop and breakage damage, (2) water, liquid and moisture damage (with the exception of damage due to weather conditions), (3) overcurrent, induction, overvoltage or lightning damage are caused, (4) fire damage, (5) damage due to vandalism, sabotage and deliberate damage to third parties or (6) short circuit, explosion or implosion the Blloc smartphone has been destroyed or the technical intended use of the device has been significantly impaired (damage). h. No damage within the meaning of a. shall be deemed to have occurred (1) in the event of loss/theft, (2) in the event of normal wear and tear or (3) if the damage was caused by (a) intentional act(s) or omission(s) of the Customer or a third party attributable to the Customer, (b) faulty software of a third party provider, (c) improper or unauthorised repair/intervention, (d) improper, non-conforming or unusual use and/or (e) accessories not approved by the manufacturer. i. There shall be no material impairment within the meaning of Clause b) in the case of insignificant defects, in particular scratch, scuff and abrasion damage as well as other blemishes which do not impair or only insignificantly impair the technical use of the device j. This offer is limited to 12 months from the date of delivery and to the single exchange or claim, whereby the damage must be declared to Blloc within this period. A damage reported later is not included regardless of the time of occurrence of the damage. k. The offer refers exclusively to the replacement of the damaged device with a new one. Any further liability for further damages as well as for any consequential damages is excluded unless Blloc is liable for other legal or contractual reasons. In particular, legal warranty claims and claims under the Product Liability Act shall remain unaffected.
VII. Purchase and Use of the Blloc Ratio AppThis section governs the use of the Blloc RATIO app, which can be purchased and downloaded from the Google Play Store. If any provision of this section conflicts with the remaining terms and conditions, the provisions of this section shall prevail.
Definitions a. "App" is the Blloc Ratio app, regardless of the operating system or whether it is used as an app or software application. b. "In-App purchase" is every order act of the customer via the Google Play Store, in which the customer makes a binding order declaration, regardless of whether it is an in-app purchase or to which other services this declaration is directed.
Purchase and Rights of Usec. To use the app, a working smartphone with a pre-installed Android operating system is required. The specific end devices and compatible versions of the operating system can be found in the product description in the Google Play Store.d. If the customer purchases the App as part of an in-app purchase in the Google Play Store or another App Store, the contractual partner for this purchase process is the operator of the respective App Store.e. For the use of the App as well as additional functions, the fees shown for the respective in-app purchase and for the selected contract term shall apply. The fees, including the value-added tax at the statutory rate applicable at the beginning of the service period, are due with the in-app purchase or on the date agreed upon in the in-app purchase.f. Blloc grants the customer a non-exclusive right of use, unlimited in time, limited to the data processing units controlled by the customer as well as personal use on the respective smartphone on which the app is installed. The right of use is granted through the provider of the respective App Store and is subject to the further contractual provisions of the App Store. The right to use the purchased functions of the App is limited to the term of the In-App purchase.g. During the use of the App, the customer is responsible for the truthful and correct entry of his data both during the purchase and during the use of the App. Changes to personal data must be made by the customer himself without delay.h. All copyrights and industrial property rights on and in the app remain the sole property of Blloc or the respective owner. However, within the scope of the service provision, the respective rights of use within the scope of services described in this contract are granted to the customer as a simple right of use for the necessary duration, as far as he needs this right to use the purchased services or to use them according to the contract.i. The commercial resale of the App as well as of information, services or other performances obtained via the App is prohibited. Blloc reserves all rights and claims arising from a violation of the provisions of this paragraph, in particular the right to claim damages.j. Blloc can change or amend the terms of this paragraph at any time. In this case, Blloc will inform the customer in advance about the changes or additions and will give the customer the opportunity to object to the change or addition within a reasonable period of time. If the customer objects within the time limit, Blloc has the right to terminate the contract with the customer without notice at the end of the contract period. If the continuation of the contract until the end of the contract period is opposed by a court or official decision, the termination is without notice. If the customer does not object to the change or amendment, the new provisions shall become effective upon expiry of the set period.
Notesk. The customer is advised that in the course of using the App, he/she must ensure regular backups of the data occurring in the App. This applies in particular, as all data of the App will be deleted in case of intentional or accidental deletion of the App. Blloc is therefore not liable for any damage caused by the customer's failure to comply with the above obligations.l. Blloc has the right to display and include information about updates of the app in the app to inform about new features of the app or services.
VIII. Warranty, Liability a. Blloc shall be liable for material defects or defects of title of delivered goods in accordance with the legal provisions. The limitation period for legal warranty claims is two years for consumers and 12 months for entrepreneurs. It begins on the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the last good. b. In all cases of contractual and non-contractual liability, Blloc is only liable for damages or compensation for futile expenditure in the case of intent and gross negligence in accordance with the statutory provisions. In other cases, unless otherwise provided for below, Blloc is only liable for breach of a contractual obligation, whose fulfilment is essential for the proper execution of the contract and on whose compliance the user can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. Liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability. Liability is excluded in all other cases. c. Finally, Blloc is generally not liable for possible damages of the user due to temporary limitations of accessibility or system functions and temporary suspensions of the offer and services of Blloc, especially the Blloc Ratio App and other applications of Blloc. The same applies to disturbances and failures of the telecommunication and GSM systems of third parties, as far as Blloc is not responsible for them. In case of long-term restrictions or disturbances, Blloc will contact the user with an appropriate offer. Of course, this does not affect the legal rights of termination of the user. However, any claims for damages by the user are excluded. IX.
Instructions on withdrawalThe following withdrawal right applies to orders made by a customer who is a consumer. Please note that the English version of the instruction is for information only. Please find the legally binding version in German pursuant to German Consumers Law here (LINK) Instructions on withdrawal
Right of withdrawalYou have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date on which you or a third party by you, other than the carrier designated, took possession of the goods. In order to exercise your withdrawal right, you must contact us,Blloc GmbHGormannstr. 1410119 Berlin
Email:
info@blloc.com with a clear statement (e.g. an e-mail or letter) of your decision to withdraw this agreement. You can use the attached model withdrawal form, which is not mandatory.In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the withdrawal right before the end of the withdrawal period.
Effects of withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
Model withdrawal form(If you want to withdraw the contract, please fill out this form and send it back to us.) - AnBlloc GmbHGormannstr. 1410119 BerlinEmail: info@blloc.com - I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)- Ordered on (*)/ received on (*)- Name(s) of consumer(s)- Address of consumer(s) / Order number (or_*)- Signature of consumer(s) (only for paper communication)- Date______________________________(*) Delete as necessary.
- End of the withdrawal policy - X. Data protection, copyright a. In the context of the use of our web page, our App and other programms as well as in the context of the order process in particular personal data are processed. Information on the processing of personal data by us and our partners as well as general information on our data protection regulations can be found here. b. By sending the order, the customer assures the correctness of the personal data provided. Blloc reserves the right to take legal action against the concerned customer in the event of intentionally false information. c. Blloc points out that all illustrations, photos and texts on its website are protected by copyright. Any unauthorised use, in particular processing, duplication, making available to the public, etc. will be prosecuted by Blloc under civil and criminal law for the protection of the authors
XI. Software rights a. By concluding the purchase contract, the customer receives the non-exclusive right to use the software pre-installed on Blloc products for the purpose of commissioning and during operation of the purchased product ("license"). The customer shall not be entitled to reproduce, publish, disseminate, distribute, rent, modify, translate or otherwise process the Software. Reverse engineering, disassembly and decompilation of the software may neither be carried out nor arranged for. b. Use for commercial purposes requires the written consent of Blloc. c. The products of Blloc may contain open source software. The customer may receive further information on this together with the product. Rights to which the customer is entitled on the basis of the respective open source software license conditions shall remain unaffected.
XII. Dispute settlementa.
Information on online dispute resolution pursuant to Art. 14 para. 1 ODR-VO:The EU Commission has created an internet platform for online dispute resolution ("OS platform"), which can be accessed via the link
http://ec.europa.eu/odr. If the customer is a consumer residing in the European Union, this OS platform can be used for out-of-court settlement of disputes concerning contractual obligations from online purchase contracts or online service contracts. However, we declare that we are neither willing nor obliged to participate in a dispute resolution procedure in front of a consumer arbitration board. b.
Information on the dispute resolution procedure in front of a consumer arbitration board pursuant to § 36 VSBG:The responsible consumer arbitration body is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Strassburger Straße 8, 77694 Kehl,
www.verbraucher-schlichter.de.We declare, however, that we are neither willing nor obliged to participate in a dispute resolution procedure in front of a consumer mediation body.
XIII. Miscellaneousa. Contracts between the customer and Blloc are exclusively governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence abroad may always refer to the mandatory law of the country in which they have their habitual residence, irrespective of their choice of law.
b. If the customer is not a consumer, the exclusive place of jurisdiction is Berlin.c. Should one or more of the above provisions be or become invalid or impracticable, the remaining provisions shall remain unaffected. An invalid or unenforceable provision shall be replaced in good faith by a valid and enforceable provision which comes as close as possible in its economic sense and purpose to the invalid or unenforceable provision. This shall also apply in the event of contractual loopholes.
