General Terms And Conditions
§ 1 Area of application
These Terms and Conditions regulate the contractual relationship between you as a natural person and us, Bottom Row GmbH & Co. KG and are valid only for business relations with consumers for the purposes of §13 Civil Code. The consumer according to this regulation is every natural person who closes a legal deal for a purpose, which can be added neither commercial or an independent professional activity. The Terms and Conditions are valid for the offers on the domains shop.bottomrow.com and shop.helloween.org. We complete your order based on our Terms and Conditions that are valid at the time of placing the order. Our Terms and Conditions are available to you on our internet sites shop.bottomrow.com and shop.helloween.org.
§ 2 Conclusion of contract
You can order on the internet from us via our homepages shop.bottomrow.com and shop.helloween.org. The representation of the products show no obliging offer for the purposes of §145 Civil Code. In the Shopping Cart you have the possibility to initiate the order process using the button "Continue to your order". After entering your personal data you will find a summary of your order at the final step of the order process. There you can take a look at your order again and have the option to make changes if necessary. By using the button "buy" you place a binding offer regarding the chosen items. We are authorised to accept your offer within 14 days by sending an acknowledgement of order (via mail). Your order is not deemed to be accepted until we have accepted it by acknowledgement. Should we not accept your offer within 14 days it is deemed to be disclaimed. Products which are not listed in the acknowledgement are not part of the act of sale.
§ 3 Delivery
We deliver products in stock within 5 working days to the address given by you. Dispatch beyond Germany and within Europe the delivery, provided the product is available, can take approx. 10-15 working days. When shipping to the non-European foreign countries the delivery time is dependent on the dispatch type and the receiver’s country. All delivery times or delivery periods are non-binding, they are based on an agreement. The preceding information about prospective dates of delivery or delivery timescales is non-binding, unless it has been expressly agreed between the consumer and us. In the case of an expressly agreed date of delivery if there is a delay in delivering the order you must allow us an extension of up to 2 weeks. If we are unable to deliver within the timeframe given you are entitled to withdraw from the sale agreement. Should an article not be available for delivery within the given timeframe, we will inform you as quickly as possible of the date of delivery, or alternatively that the delivery cannot occur.
§ 4 Return instruction
Right of Return
You can return any received item without providing a reason within 14 days by returning goods. The period of returning begins with receipt of this instruction for the right of returning, but not before the receipt of goods by the recipient (in case of recurring delivery of the same item not before receipt of the first partial delivery) and not before complying with our duty of information according to sec. 246, subs. 2 in conjuction with sec. 1 subs. 1, 2 EGBGB and our duties according to sec. 312 e, subs. 1, clause 1 BGB in conjuction with sec. 246 subs. 3 EGBGB. To ensure observance of the deadline, dispatch the goods or your return request within this period. The return will in any event be at our risk and expense.
Please send the goods or your return request to:
Rheinstr. 7 / Haus 4
The Following goods are excluded from the right of return:
1. Goods which were fabricated after sale to the customers specification or tailored to particular needs cannot be returned because of their appearance and workmanship
2. to supply CD´s, DVD´s or Software in an unsealed condition
3. to supply tickets and ticket bundles ( e.g. t-shirt and ticket)
4. to supply piercings (plugs, tunnel), as far as they have been unsealed
In case of an effective return, the services received reciprocally are to be guaranteed back and, as the case may be, use drawn by the beneficiary (e.g. functional advantages) is to be released. In case of item deterioration, value compensation might be demanded. This does not apply, if item deterioration only happened during examination -as it usually would happen in the shop. You can avoid value compensation by not using the item as the owner and omitting everything that might affect its value. The duty of restitution shall be fulfilled within 30 days. The period commences for the buyer after returning the item or sending the return request, and it begins for Bottom Row GmbH & Co. KG after receiving said item. If a free item is added when placing an order at checkout, in the event of a return it must be unused. If this is not the case the sales price of the corresponding free item will be claimed.
§ 5 Returns
Please return your items to:
Rheinstr. 7 / Haus 4
For more information please read our shipping and returns section on the website. Please, use for the return dispatch of the product the packaging material which came from us, or pack the articles in such a way that they arrive in good condition with us. In addition, we ask you not to remove the original tags and for hygienic reasons with underwear and laundry not to remove any protective coverings. Also with non-observance of the requests your right of return continues without limitation. Also pay particular attention to the completeness of your bank information. We are not held liable for any financial problems originating from you providing incorrect details.
§ 6 Pricing
All shown prices are totals including the VAT. Postal and forwarding charges are added after the list in sec. 7.
§ 7 Delivery Costs and Terms of Delivery
Delivery costs can vary depending on the method of delivery and the character of the order. Further information concerning the delivery costs can be found on "Shipping & Handling".
Unless otherwise agreed upon, deliveries are made solely to the countries listed on "Shipping & Handling".
Rejected packages - and those that are not received due to oversight on the part of the recipient (e.g. incorrectly entered address) - will be reimbursed as soon as they are received at our warehouse, minus the costs for shipping to and from the destination country.
§ 8 Payment
We accept Payment via bank transfer, Paypal, debit/credit card or SEPA direct debit. If your residence is outside of Germany you only can pay by prepayment (depends on the possibilities in each country), credit card or PayPal.
a. Payment via Prepayment
We send you an acknowledgement of your order via email. After receipt of payment at our bank account we will ship your items.
b. PayPal Plus (PayPal, credit card, SEPA direct debit)
The payment occurs immediately from your Paypal acoount to ours with the address firstname.lastname@example.org.
§ 9 Care
Please note the wash instruction on the instructions found on the items. We do not compensate damages caused by incorrect cleaning.
§ 10 Reservation of Ownership
All items remain unreserved property of Bottom Row GmbH & Co. KG until payment is fulfilled.
§ 11 Duty of Secrecy
§ 12 Platform for online dispute resolution, participation in dispute resolution procedure
Applicable law obliges us to inform the consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for organisation of the platform. Here is the link to the European online dispute resolution platform: http://ec.europa.eu/odr .
We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.
§ 13 Applicable Right
German law shall apply to the exclusion of the rights in accordance with the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law is only applicable to the extent that its application does not revoke any compelling and applicable consumer laws of that state in which the consumer is habitually resident at the time of placing his order.
§ 14 Severability Clause
Should any individual regulations of these General Terms and Conditions be or become ineffective then the effectiveness of the remaining contracting conditions shall not be affected.
§ 15 Identity of the contracting partner
Bottom Row GmbH & Co. KG
Phone: +49 721 82801 0
Fax: +49 721 82801 50
Web: shop.bottomrow.com / shop.helloween.org
Handelsregister beim Amtsgericht: Mannheim, HRA 707264
USt. ID-Nr.: DE309984153 - Finanzamt: Karlsruhe
Persönlich haftende Gesellschafterin:
Firma Bottom Row Verwaltungs-GmbH – Sitz: Karlsruhe
Handelsregister beim Amtsgericht: Mannheim, HRB 726555
Geschäftsführer: Jan Bayati, Sasa Erletic, Kosta Zafiriou