Terms of service

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Terms of Payment
  5. Delivery and Shipping Terms
  6. Granting of Usage Rights to Digital Content
  7. Granting of Usage Rights to License Keys
  8. Contract Term and Termination for Subscription Contracts for Goods
  9. Retention of Title
  10. Warranty for Defects
  11. Liability
  12. Governing Law
  13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of Arbaz Mohammad, trading as "BulkShopForAll" (hereinafter the "Seller"), apply to all contracts for the supply of goods entered into between a consumer or a business customer (hereinafter the "Customer") and the Seller in relation to the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the provision of digital content, unless otherwise specified. For the purposes of these Terms, digital content means data that is produced and supplied in digital form.

1.3 These Terms apply accordingly to contracts for the provision of license keys, unless otherwise specified. In such cases, the Seller's obligation consists of providing a license key enabling the use of the digital content or digital services described by the Seller (hereinafter "digital products"), together with the contractually agreed rights to use those digital products. The Customer does not acquire any intellectual property rights in the digital product. The Seller's respective product description is decisive for the characteristics of the digital product.

1.4 For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.5 For the purposes of these Terms, a business customer is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

1.6 Depending on the Seller's product description, the subject matter of the contract may be either the supply of goods as a one-time delivery or the supply of goods on a continuing basis (hereinafter "subscription contract"). Under a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer at the contractually agreed intervals for the duration of the agreed contract term.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to invite the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the Customer may also submit the offer to the Seller by e-mail or via an online contact form.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive; or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the point in time when the first of the above alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the effect that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe user agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, clicking the button that concludes the ordering process simultaneously constitutes a payment instruction to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted their order. The Seller does not make the text of the contract available beyond this. If the Customer has created a user account in the Seller's online shop prior to submitting the order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account, using the corresponding login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. An effective technical means of better detecting input errors may be the browser's zoom function, which enlarges the on-screen display. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.9 Order processing and contact typically take place by e-mail and through automated order processing. The Customer must ensure that the e-mail address provided for order processing is accurate, so that e-mails sent by the Seller can be received at that address. In particular, if using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract was concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract was concluded are located outside the European Union.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No VAT is charged, as the Seller is exempt from VAT under the small business regulation (Kleinunternehmerregelung). Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of funds by financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs relating to the transfer of funds may also be incurred if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be indicated to the Customer in the Seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "PayPal" payment service is selected, payment is processed through PayPal, which may also make use of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which the Seller advances payment to the Customer (e.g., purchase on account or installment payment), the Seller assigns its claim for payment to PayPal or to the payment service provider engaged by PayPal and specifically named to the Customer. Before accepting the Seller's assignment, PayPal or the payment service provider engaged by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method if the result of the credit check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or to the payment service provider engaged by PayPal with discharging effect. However, even in the event of the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and the return of goods, or credit notes.

4.6 If the payment method "Sofortüberweisung" (instant bank transfer) is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account enabled for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method is available online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the "Shopify Payments" payment service is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be indicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of additional payment services, which may be subject to special payment terms that will be specifically brought to the Customer's attention where applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.8 If a payment method offered via the "Apple Pay" payment service is selected, payment is processed by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be indicated to the Customer in the Seller's online shop. To process payments, Apple may make use of additional payment services, which may be subject to special payment terms that will be specifically brought to the Customer's attention where applicable. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.9 If a payment method offered via the "Google Pay" payment service is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be indicated to the Customer in the Seller's online shop. To process payments, Google may make use of additional payment services, which may be subject to special payment terms that will be specifically brought to the Customer's attention where applicable. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.10 If a payment method offered via the "Stripe" payment service is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be indicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of additional payment services, which may be subject to special payment terms that will be specifically brought to the Customer's attention where applicable. Further information on Stripe is available online at https://stripe.com/de.

4.11 If the payment method "purchase on account" is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in its payment information in the online shop. The Seller further reserves the right, when the "purchase on account" payment method is selected, to carry out a credit check and to decline this payment method in the event of a negative credit check result.

4.12 If the payment method "purchase on account" is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in its payment information in the online shop. The Seller further reserves the right, when the "purchase on account" payment method is selected, to carry out a credit check and to decline this payment method in the event of a negative credit check result.

4.13 If the payment method SEPA direct debit is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before expiry of the deadline for advance notice of payment. The direct debit is collected once the ordered goods leave the Seller's warehouse, but not before expiry of the deadline for advance notice. Advance notice ("pre-notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or the provision of incorrect bank details, or if the Customer objects to the debit despite not being entitled to do so, the Customer must bear the fees incurred as a result of the reversal of the debit by the respective financial institution, provided the Customer is responsible for this. The Seller reserves the right, when the SEPA direct debit payment method is selected, to carry out a credit check and to decline this payment method in the event of a negative credit check result.

4.14 If the payment method SEPA direct debit is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before expiry of the deadline for advance notice of payment. The direct debit is collected once the ordered goods leave the Seller's warehouse, but not before expiry of the deadline for advance notice. Advance notice ("pre-notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or the provision of incorrect bank details, or if the Customer objects to the debit despite not being entitled to do so, the Customer must bear the fees incurred as a result of the reversal of the debit by the respective financial institution, provided the Customer is responsible for this.

4.15 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to carry out a credit check and to decline this payment method in the event of a negative credit check result.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of delivery if the Customer effectively exercises their right of withdrawal. With regard to the costs of returning the goods, if the Customer effectively exercises their right of withdrawal, the arrangement set out in the Seller's withdrawal instructions applies.

5.3 If the Customer acts as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the goods sold generally does not pass until the goods are handed over to the Customer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss or accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed over the item to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the other person or entity designated to carry out the shipment, and the Seller has not previously named this person or entity to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only where the Seller is not responsible for the failure to deliver and has, with due care, entered into a specific hedging transaction with the supplier. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration already paid will be refunded without delay.

5.5 Collection of goods in person is not possible for logistical reasons.

5.6 Digital content is provided to the Customer as follows:

  • by direct access via the Seller's website
  • by download
  • by e-mail

5.7 License keys are provided to the Customer as follows:

  • by download
  • by e-mail

6) Granting of Usage Rights to Digital Content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive right, unlimited in place and time, to use the content provided for both private and commercial purposes.

6.2 Passing the content on to third parties or creating copies for third parties beyond the scope of these Terms is not permitted unless the Seller has consented to a transfer of the license covered by the contract to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the grant of rights only becomes effective once the Customer has paid the agreed remuneration in full. The Seller may provisionally permit use of the contractual content even before this point in time. Such provisional permission does not effect a transfer of rights.

7) Granting of Usage Rights to License Keys

7.1 The license key provided entitles the Customer to use the digital product specified in the Seller's respective product description, to the extent described therein.

7.2 Insofar as the license key relates to the one-time provision of digital content, the grant of rights only becomes effective once the Customer has paid the agreed remuneration in full.

8) Contract Term and Termination for Subscription Contracts for Goods

8.1 Subscription contracts are concluded for a fixed term corresponding to the contract term specified in the respective product description in the Seller's online shop and end automatically upon expiry of that term.

8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists where, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end date or until expiry of a notice period.

8.3 Termination may be made in writing, in text form (e.g., by e-mail), or electronically via the cancellation function (cancellation button) provided by the Seller on its website.

9) Retention of Title

If the Seller performs in advance, it retains title to the goods delivered until the purchase price owed has been paid in full.

10) Warranty for Defects

Unless otherwise provided below, the statutory provisions on liability for defects apply. The following deviating provisions apply to contracts for the supply of goods:

10.1 If the Customer acts as a business,

  • the Seller may choose the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not begin anew if a replacement delivery is made in connection with liability for defects.

10.2 The above limitations of liability and shortened periods do not apply

  • to claims by the Customer for damages or reimbursement of expenses,
  • where the Seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their customary use and have caused the building's defectiveness,
  • to any obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

10.3 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse remain unaffected.

10.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

10.5 If the Customer acts as a consumer, the Customer is kindly requested to report any obvious transport damage to the delivered goods to the deliverer and to notify the Seller thereof. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.

11) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses, as follows:

11.1 The Seller is liable without limitation, on any legal grounds,

  • in cases of intent or gross negligence,
  • for intentional or negligent injury to life, body, or health,
  • on the basis of any guarantee given, unless otherwise provided in this regard,
  • on the basis of mandatory liability, such as under the Product Liability Act.

11.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract in the first place, and on the observance of which the Customer may regularly rely.

11.3 Otherwise, the Seller's liability is excluded.

11.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

12) Governing Law

12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the law on the international sale of goods. With regard to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract was concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract was concluded are located outside the European Union.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.