Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Warranty Liability
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Bhumi Bavarva, trading under "bawras" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person, or a legal partnership, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the online shop of the Seller do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer through the online order form integrated into the Seller’s online shop. After the Customer places the selected goods in the virtual shopping cart and completes the electronic order process, by clicking the button that completes the ordering process, the Customer submits a legally binding offer regarding the goods contained in the shopping cart.

2.3 The Seller can 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 email), with the access of the order confirmation being decisive for this, or
• by delivering the ordered goods to the Customer, with the access of the goods being decisive for this, or
• by requesting payment from the Customer after the Customer has submitted the order.

If multiple of the above alternatives occur, the contract is concluded when one of the alternatives first occurs. The period for acceptance of the offer starts on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the specified period, this is considered a rejection of the offer, meaning that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is handled 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”), under the applicable PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal in the online order process, the Seller accepts the Customer’s offer at the moment the Customer clicks the button that completes the order process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller and transmitted to the Customer in text form (e.g., by email, fax, or letter) after the Customer submits their order. No further provision of the contract text by the Seller occurs. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer via their password-protected user account using the corresponding login details free of charge.

2.6 Before submitting the order via the Seller’s online order form, the Customer can recognize potential input errors by carefully reading the information displayed on the screen. A useful technical means for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process as long as they use the usual keyboard and mouse functions, until they click the button that completes the order process.

2.7 The contract language available is German.

2.8 Order processing and communication typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, the Customer must ensure that all emails sent by the Seller or any third parties engaged by the Seller for order processing can be delivered when using spam filters.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.

3.2 Detailed 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 of the conclusion of the contract, do not belong to a member state of the European Union, and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions
4.1 Unless otherwise specified in the product description of the Seller, the prices stated are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise that are not covered by the Seller and are to be borne by the Customer. These may include, for example, fees for money transfers by credit institutions (e.g., transfer fees, currency exchange fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers, even if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered by the "PayPal" payment service is selected, payment processing is handled by PayPal, which may also use third-party payment service providers. If the Seller offers payment methods via PayPal, where PayPal pays the Seller in advance (e.g., invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider named by PayPal. Before accepting the Seller’s assignment, PayPal or the third-party payment provider appointed by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. The payment will be made exclusively to PayPal or the payment service provider appointed by PayPal. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, withdrawal statements, and refunds.

4.5 If a payment method offered by "Stripe" is selected, payment processing is handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing payments, which may have specific terms, to which the Customer may be separately informed. More information about Stripe is available at https://stripe.com/de.

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery will take place within the specified delivery area to the address provided by the Customer, unless otherwise agreed. The address provided by the Customer at the time of order processing is decisive. If PayPal is selected as the payment method, the address stored in the Customer’s PayPal account at the time of payment is decisive.

5.2 If delivery fails due to reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the shipping costs if the Customer exercises their right of withdrawal. For return costs, the Seller’s regulations in the withdrawal instructions apply if the Customer exercises their right of withdrawal.

5.3 If the Customer is an entrepreneur, the risk of accidental destruction or deterioration of the delivered goods passes to the Customer as soon as the Seller hands the goods over to the carrier or any other person or institution designated to carry out the delivery. If the Customer is a consumer, the risk passes to the Customer only upon delivery of the goods to the Customer or a person authorized to receive the goods. If the Customer instructs a carrier, freight forwarder, or any other person or institution designated to carry out the delivery without the Seller naming this person or institution beforehand, the risk also passes to the Customer when the goods are handed over to that person or institution.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if the failure to deliver is not due to the Seller’s fault, and the Seller has concluded a specific procurement contract with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be promptly informed, and the payment will be refunded.

5.5 Pickup is not possible for logistical reasons.

6) Retention of Title
If the Seller performs in advance, they retain ownership of the delivered goods until the purchase price has been fully paid.

7) Warranty Liability (Gewährleistung)
Unless otherwise specified in the following provisions, the statutory regulations on warranty liability apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur:

• The seller has the choice of the type of subsequent performance;
• The limitation period for defects in new goods is one year from the delivery of the goods;
• For used goods, the rights and claims due to defects are excluded;
• The limitation period does not start again if a replacement delivery is made under the warranty.

7.2 The above-mentioned limitations of liability and shortened periods do not apply:

• For claims for damages and reimbursement of expenses by the customer,
• If the seller has fraudulently concealed the defect,
• For goods that have been used for a building and caused its defects according to their usual use,
• For any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any possible legal recourse claims remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial inspection and complaint obligations according to § 377 HGB apply to them. If the customer fails to fulfill the obligations regulated there, the goods are deemed approved.

7.5 If the customer is a consumer, they are requested to report delivered goods with obvious transport damages to the carrier and inform the seller. Failure to do so will have no impact on their statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers
8.1 Vouchers that the seller issues as part of promotional activities, which are provided free of charge and have a specific validity period and cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller’s online shop and only during the specified period.

8.2 Promotional vouchers can only be redeemed by consumers.

8.3 Specific products may be excluded from the voucher promotion if such a restriction is specified in the contents of the promotional voucher.

8.4 Promotional vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must at least correspond to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the remaining balance.

8.8 The balance of a promotional voucher will neither be paid out in cash nor earn interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled but not obliged to check the material entitlement of the respective voucher holder.

9) Applicable Law
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the mandatory protection granted by the laws of the country in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.

10) Alternative Dispute Resolution

10.1 The EU Commission provides an online platform for dispute resolution here: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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