GENERAL TERMS AND CONDITIONS (GTC)
1. SCOPE AND PARTIES
1.1 Any supplies and services provided based on a purchase order placed in the web shop available at blackroll.com.mx (hereinafter referred to as “Online Shop”) will be exclusively provided subject to the following General Terms and Conditions, as amended and applicable at the time of the purchase order. Unless otherwise agreed, deviating terms and conditions shall not apply.
1.2 Customers within the meaning of these General Terms and Conditions can be both, consumers and business persons. Consumers within the meaning of these General Terms and Conditions are individuals that place the purchase order for a purpose that cannot be primarily attributed to their commercial or self-employed activities. Business persons within the meaning of these General Terms and Conditions are individuals, legal entities or partnerships with legal capacity that place the purchase order in the course of their commercial or self-employed activities.
1.3 The Online Shop is provided by BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, represented by its CEO Marius Keckeisen, phone +49 (0)7141 309 8853-0, fax +49 (0)7141 309 8853-9, firstname.lastname@example.org, commercial register office: Canton of Thurgau, company identification number (UID)/company number: CHE-228.574.355 (hereinafter referred to as “BLACKROLL”). BLACKROLL becomes the party to any purchase order placed in the Online Shop.
2. CONTRACT CONCLUSION
2.1 The presentation of the goods in the Online Shop does not constitute a legally binding offer on the conclusion of a contract by BLACKROLL, but is merely a non-binding invitation to place a purchase order.
2.2 Customers must have a minimum age of 18 years. Goods will only be sold in normal household quantities.
2.3 The Customer may select goods in the Online Shop and place them in its shopping cart by clicking on the button “Add to shopping cart”. Inaccurate input may be corrected by using the customary keyboard and mouse functions or the button “Review order” at any time, until the Customer clicks on the button “complete order“. By clicking the button “complete order” the Customer submits a binding offer on the purchase of the goods placed in the shopping cart.
2.4 Upon receipt of the purchase order, BLACKROLL will send an automatic confirmation of receipt to the email account that you specify. This automatic confirmation of receipt does not constitute the acceptance of the purchase order, but only documents that the purchase order has been received by BLACKROLL.
2.5 The contract with BLACKROLL will be concluded when BLACKROLL confirms the acceptance and processing of the purchase order as well as the shipping of the goods by a separate email (order/shipping confirmation) to the Customer.
2.6 In the event it should not be possible to deliver the ordered goods, for instance, since the corresponding goods are not in stock, BLACKROLL will not send an order/shipping confirmation. In this case, no contract will be concluded. BLACKROLL shall promptly notify the Customer and, if applicable, promptly refund any consideration that it may already have received. The Customer may agree with the customer service department on a later delivery date.
3. ELECTRONIC STORAGE OF THE CONTRACT TEXT
In accordance with the statutory requirements, BLACKROLL will store the purchase order together with the General Terms and Conditions and any data input during the ordering process. Upon the completion of the ordering process in the Online Shop, the ordering data and General Terms and Conditions may be printed by the Customer after clicking the button “Order with obligation to pay“. In addition, the Customer will be provided with this information in the confirmation of receipt and the order/shipping confirmation by email. In the event the Customer has registered as a user in the Online Shop, it is also possible to view the order data in the section “My account” of the Online Shop. In the event the Customer should not have registered in the Online Shop and wish to have its order data forwarded, it may send an email to email@example.com.
4. INFORMATION ON THE RIGHT OF WITHDRAWAL AND MODEL WITHDRAWAL FORM
If the Customer is a consumer, he/she has a right of withdrawal as described below:
Information on the right of 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 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 last good.
To exercise your right of withdrawal, you must inform us to firstname.lastname@example.org. You may use the attached model withdrawal form, 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 not 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 the refund. We may withhold reimbursement until we have received the goods back from you or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us to Plaza Lua 2do Piso L- 214 Av. Missouri 600, C.P. 66267, San Pedro Garza García, Nuevo León, México without undue delay and in any event not 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 information on the right of withdrawal
Model withdrawal form
(Complete and return this form if you wish to withdraw from the contract)
I/we (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods (*)
Ordered on (*) / received on (*) __________________________________________
Name of consumer(s) __________________________________________
Address of consumer(s) __________________________________________
Signature of consumer(s) (only if notice is sent on paper) __________________________________________
(*) Delete as appropriate
5. Prices and shipping charges
5.2 Prices are indicated in Pesos (MX).
5.3 Unless otherwise provided in the product description, the prices indicated in the Online Shop are retail prices that include the then-applicable statutory value added tax (VAT); shipping charges will be added separately.
6. DELIVERY TERMS AND PERIODS
Goods will be shipped to the shipping address provided by the Customer. Depending on the time of the receipt of order, purchase orders will be processed and prepared for shipment as soon as possible. Goods will be delivered by parcel service. Unless the parties agree otherwise, the delivery period for shipments within Mexico is up to five (5) business days, depending on the delivery method the Customer chooses.
7. PAYMENT TERMS
7.1 BLACKROLL accepts payments via credit card (Visa, Mastercard and American Express), PayPal and OXXO PAY.
7.2 Unless otherwise provided, the payment of the purchase price becomes due upon the conclusion of the contract.
8. IMPROVEMENTS AND MODIFICATIONS
BLACKROLL reserves the right to modify or change the product, including without prior notice, if this improves the product quality from the manufacturer’s perspective. Slight deviations from descriptions and illustrations are possible.
9. RESERVATION OF TITLE
BLACKROLL reserves any ownership rights and title in and to the goods until full payment has been received.
Warranty is subject to statutory provisions. The limitations period for statutory warranty claims is two (2) years as of delivery of the goods.
11. DATA PROTECTION
12. APPLICABLE LAW AND PLACE OF JURISDICTION
In the event of any purchase or conflict caused by a purchase or service granted by BLACKROLL, the parties agree to submit to the conciliation process of the Federal Consumer Procurator's Office, or to the jurisdiction of the Courts of the City of Monterrey, Nuevo León, renouncing tany other jurisdiction that may correspond to you because of your present or future address, or for any other reason.