General Terms and Conditions
GENERAL TERMS AND CONDITIONS
BODO-030 – Madlen Uhlemann
§1 Scope
(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs via the online shop of BODO-030, owned by Madlen Uhlemann.
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.
(3) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(4) These GTC shall also apply to future business relationships with entrepreneurs without the need for express reference to them again.
(5) Any deviating terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.
§2 Contracting Party
The purchase contract is concluded with:
Madlen Uhlemann
Sole proprietorship
BODO-030
Sachsenhausener Str. 28a
16515 Oranienburg
Germany
VAT identification number: DE416592751
Email: shop@bodo-030.dog
§3 Conclusion of Contract
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) By clicking the “Buy now” or “Order with obligation to pay” button, the customer submits a binding offer to conclude a purchase contract.
(3) The contract is concluded when we accept the customer's offer by sending an order confirmation by email or by dispatching the goods.
(4) We store the contract text. The order data and these GTC will be sent to the customer by email. For security reasons, past orders are not accessible via the website.
(5) The contract language is German. For international sales, an English version may also be provided. In case of doubt, the German version shall prevail.
§4 Prices and Payment Terms
(1) All prices stated in the online shop are final prices and include the applicable statutory value added tax.
(2) For deliveries to countries outside the European Union, additional costs may arise, in particular customs duties, import taxes or fees, which must be borne by the customer. These costs are not included in the purchase price.
(3) Payment is made using the payment methods offered in the online shop (e.g. Shopify Payments, credit card, PayPal, Google Pay or other available payment methods).
(4) The purchase price is due immediately upon conclusion of the contract.
(5) If the customer defaults on payment, we are entitled to charge statutory default interest.
§5 Delivery, Shipping and Transfer of Risk
(1) Delivery will be made from our warehouse in Germany to the delivery address specified by the customer.
(2) Delivery will be made via DHL or a comparable shipping service provider.
(3) Unless otherwise stated in the product description, the delivery time is:
Within Germany: approx. 2–4 working days after receipt of payment
Within the European Union: approx. 4–8 working days after receipt of payment
To third countries: depending on the destination country
The delivery period begins upon receipt of payment.
(4) For deliveries to countries outside the European Union, delivery is generally made according to DAP (Delivered At Place). This means that the customer is responsible for all import duties, customs duties, taxes, handling fees or other charges incurred in the destination country.
(5) If a shipment is returned for reasons attributable to the customer (e.g. refusal of acceptance without exercising the right of withdrawal, non-payment of import duties, incorrect address information), we are entitled to deduct the resulting costs incurred by us (in particular return transport, storage, customs or handling costs) from the refund amount.
(6) If delivery is not possible for reasons attributable to the customer, the customer shall bear the additional costs incurred as a result.
(7) In the case of consumers, the risk of accidental loss or accidental deterioration of the goods passes to the customer only upon delivery of the goods.
(8) In dealings with entrepreneurs, the risk passes to the customer upon handover to the shipping service provider.
(9) For security and packaging reasons, it may happen that several ordered products are shipped in separate parcels. In this case, the customer will receive multiple tracking numbers.
(10) The dispatch of multiple parcels does not constitute a partial delivery in the legal sense, provided that all ordered items are dispatched at the same time.
§6 Retention of Title
The goods remain our property until full payment has been received.
For entrepreneurs, this also applies to all claims arising from the ongoing business relationship.
§7 Right of Withdrawal
Consumers have a statutory right of withdrawal.
Details can be found in the separate withdrawal policy.
§8 Returns and Compensation for Loss in Value
(1) Please contact us before returning an item at shop@bodo-030.dog . We will then provide you with the further instructions for the return.
(2) The customer may inspect the goods as would be possible in a retail store.
(3) The customer must pay compensation if the loss in value of the goods is due to handling that was not necessary to examine the nature, characteristics and functioning of the goods.
(4) Returns will be inspected upon receipt. In case of contamination, damage, missing accessories or excessive signs of use, we reserve the right to deduct reasonable compensation for the loss in value.
(5) The product must be returned complete with all accessories and all supplied components.
(6) If the return shipment originates from a third country, additional customs duties or handling charges may apply. If these are attributable to the customer, they will be deducted from the refund amount.
§9 Statutory Warranty (Defects)
(1) Consumers are entitled to the statutory warranty period of two years from delivery of the goods.
(2) For entrepreneurs, the warranty period is one year from delivery.
(3) Warranty rights do not apply if the defect is due to the following causes:
improper assembly despite proper instructions
disregard of assembly, safety or maintenance instructions
use of unsuitable or unapproved components
unauthorized alterations or repairs
overloading beyond the technically permissible limits
use on unsuitable vehicle types (e.g. motorcycles, e-scooters)
(4) Liability under the German Product Liability Act remains unaffected.
§10 Guarantee
(1) In addition to the statutory warranty, we grant a voluntary one-year guarantee for the metal components of the product “FlyingBodo”.
(2) The guarantee period begins on the delivery date.
(3) The guarantee applies worldwide.
(4) The guarantee covers defects in materials or workmanship that are not caused by external influences.
(5) In particular, the following are excluded from the guarantee:
improper use
faulty or improper installation
overloading or misuse
alterations or repairs by third parties
use of unsuitable spare parts
normal wear and tear
accidents or falls
(6) The following conditions must be met for guarantee claims:
compliance with the assembly and maintenance instructions
identification as the buyer (order or invoice number)
(7) In the event of a guarantee claim, we will, at our discretion, either repair or replace the affected component. Replaced parts become our property.
(8) The guarantee does not extend the warranty period for the entire product. However, a replaced component is covered by a new one-year guarantee period from the date of replacement.
(9) The statutory rights of the customer remain unaffected by this guarantee.
§11 Assembly, Use and Maintenance Obligations
(1) Assembly is carried out by the buyer under their own responsibility.
(2) The product may only be assembled and used in accordance with the supplied instructions.
(3) After approximately one week of use, all screws must be checked and tightened if necessary. Thereafter, regular checks must be carried out at least every three months and before the start of a new usage season.
(4) The roof must not be adjusted while riding.
(5) The product is not suitable for:
motorcycles
e-scooters
other motorized two-wheelers other than bicycles
(6) Use on children's bicycles is only permitted if:
the bicycle is technically suitable and stable
the handlebar and head tube construction is compatible
the maximum permissible load of the bicycle is not exceeded
the rider has sufficient riding experience and physical control
(7) The product may only be used on bicycles that are technically compatible and in a roadworthy condition.
(8) The dog must be at least 12 months old and must wear a suitable harness.
§12 Limits of Use and Personal Responsibility
(1) The maximum technically permissible load of the product is 17 kg.
(2) For reasons of riding stability, we recommend use up to 13 kg.
(3) Safe use depends on the rider’s riding skills, the rider’s physical ability, the condition of the bicycle and the road conditions.
(4) The rider must adapt speed and riding behaviour to the conditions.
§13 Spare Parts and Modifications
(1) Only suitable and compatible components may be used.
(2) If non-approved or unsuitable spare parts are used, warranty or guarantee claims exist only to the extent that the defect is not attributable to such use.
(3) Unauthorized structural modifications to the product may result in the exclusion of guarantee claims if the damage is caused by such modifications.
§14 Liability
(1) We are fully liable for damages arising from:
injury to life, body or health
intentional or grossly negligent conduct
(2) In the case of slightly negligent breaches of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract.
(3) Otherwise, liability for slight negligence is excluded.
(4) Liability under the German Product Liability Act remains unaffected.
(5) To the extent that liability is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.
§15 Applicable Law
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a consumer and has their habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected by the choice of law.
§16 Jurisdiction (for Entrepreneurs)
(1) For entrepreneurs, the exclusive place of jurisdiction for all disputes arising from contractual relationships with us is our place of business.
(2) However, we are also entitled to sue entrepreneurs at their general place of jurisdiction.
§17 Online Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.