Shop

SCOPE OF APPLICATION

1.1 For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply in their current version. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

1.2 The Provider is entitled to revise or amend these GTC from time to time to reflect changes in market conditions affecting our business, technical changes, changes in payment methods, changes in relevant laws and regulatory requirements, changes in supreme court rulings or changes in the performance characteristics of our system.

1.3 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

1.4 These General Terms and Conditions shall also apply to future business relations with entrepreneurs, without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

INFORMATION ABOUT US

The website www.binka-shop.com is operated by Binka-Shop by Ljubi Bogdanovic (“us”).  Our e-mail address is: info@binka-shop.com

YOUR STATUS

When you place an order through our website, you represent and warrant that:

3.1. You are legally competent,

3.2. You are at least 18 years old,

3.3. You reside in one of the countries we serve.

The use of this website

4.1 Most areas of the Website are accessible to you without registering with us. However, certain areas and services of the Site are only available to you if you register.

4.2 Each time you access any area of the Website, you signify your agreement to these Terms and Conditions.

ACCESS TO THE WEB SITE

5.1 Although we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if it is unavailable at any particular time or for any particular period for any reason.

5.2 We do not warrant the availability, performance, or accessibility of the Website.

5.3 You may be temporarily denied access to the Website without notice due to system failure, maintenance, or repair, or for any reason beyond our reasonable control.

REGISTRATION

6.1 Each registration is for a single user. You are not permitted to make your username and password available to other persons or to multiple users of a network.

6.2 You are responsible for the security of your assigned passwords.

Sending e-mails and newsletters

7.1 If you purchase goods or services from us, we will send you informational emails for similar goods or services in the future. Your data will be processed in accordance with our privacy policy.

7.2 Newsletters are sent using the so-called double-opt-in procedure. This means that we will only send you the newsletter e-mails if you first confirm your registration via a confirmation e-mail sent to you using the link contained therein.

7.3 You may at any time request that you no longer receive such newsletters or information e-mails from us. To do so, please send an e-mail to: info@binka-shop.com or to the contact details given in the imprint or click on the link at the end of the respective e-mails. In doing so, you will not incur any costs other than the transmission costs according to the prime rates.

CONCLUSION OF A CONTRACT BETWEEN YOU AND US

8.1 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. After placing your order, you will receive an e-mail from us notifying you of the receipt of your order. Please note that this notification is not a confirmation of acceptance of your order. Your order constitutes an offer to us to purchase a product. All orders are subject to the availability of goods and acceptance of the order by us. We will confirm acceptance of your order by sending you a second email confirming dispatch (the “Dispatch Confirmation”). A contract (the “Contract”) will only be formed between you and us when we send you a Dispatch Confirmation.

8.2 Orders will not be processed by us until payment has been made in full.

8.3 If your order contains an error, you may correct it by email until your order has been processed. After processing your order, a correction is unfortunately no longer possible.

8.4 The contract is concluded only for the products whose shipment we have confirmed in the shipping confirmation. We are not obliged to deliver any other products included in your order as long as we have not sent you a separate shipping confirmation in this regard.

8.5 We have the right to refuse your order for any reason.

AVAILABILITY AND DELIVERY

9.1 Your order will be executed by the date specified in the order confirmation. Delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is indicated for the respective goods in our online store, it shall be 10 days. We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.

9.2 If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier will inform the customer immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.

9.3 If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. The customer’s statutory right of withdrawal is not affected by this. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

9.4 Working days exclude weekends and holidays.

9.5 If you wish to make a delivery complaint about your order, you have 28 days from the day the tracking status of your order is confirmed by the delivery service (i.e. shipping confirmation to the address provided). We reserve the right to request evidence before refunding the amount paid and/or the shipping costs associated with it.

Retention of title

Until full payment, the delivered goods remain the property of the supplier.

Price, import duties, taxes and shipping costs

11.1 All prices, which are indicated on the website of the supplier, understand themselves including the valid legal value-added tax.

11.2 In addition to the stated product prices, shipping costs are added, which are to be borne by the customer. More details about the shipping costs can be found in the offers.

11.3 In addition to the stated product prices and shipping costs, import duties and taxes may apply, which are levied when the delivery reaches the stated destination. Please note that we have no control over these charges and therefore cannot predict their amount. Please check with your local customs office accordingly before placing your order.

11.4 The goods will be shipped by postal service. The shipping risk is borne by the supplier if the customer is a consumer.

11.5. In the event of a revocation, the customer shall bear the direct costs of the return shipment.

11.6 Only one promotional code can be redeemed per order.

Payment modalities

12.1 The customer can make payments by credit card and PayPal payments.

12.2 The payment of the purchase price is due immediately upon the conclusion of the contract.

Warranty of quality, guarantee

13.1 If after 10 days you find that your product is defective, we reserve the right to request evidence such as pictures of the defect before refunding the price paid in the form of a voucher.

Liability

14.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

14.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence unless the Customer’s claims for damages are based on injury to life, body, or health.

14.3 The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

14.4 The provisions of the Product Liability Act shall remain unaffected.

Opfikon (Switzerland), February 1, 2022