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Terms of service

GENERAL TERMS AND CONDITIONS (GTC)

with Customer Information

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Warranty (Liability for Defects)

  8. Liability

  9. Applicable Law

  10. Jurisdiction

  11. Code of Conduct

  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of

BOOMEX Produktions- u. Handelsges. Chem. Techn. Artikel / FLAMMBURO-Online-Shop GmbH
(hereinafter "Seller")

apply to all contracts for the delivery of goods concluded between the Seller and a consumer or entrepreneur (hereinafter "Customer") via the Seller’s 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 neither commercial nor self-employed professional activities.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers but serve as an invitation to submit a binding offer by the Customer.

2.2 The Customer submits a binding offer by completing the online ordering process and clicking the button that finalizes the order.

2.3 The Seller may accept the Customer’s offer within five (5) days by:

  • sending an order confirmation (in writing or text form, e.g., email),

  • delivering the ordered goods, or

  • requesting payment from the Customer.

The contract is concluded at the time one of these alternatives first occurs.

2.4 If the Customer selects a payment method offered via PayPal, the contract is concluded at the time the Customer clicks the final order button.

2.5 The contract text is stored by the Seller and sent to the Customer in text form (e.g., email) after the order is placed. If the Customer has created a user account, order data can be accessed via the password-protected account.

2.6 Before submitting a binding order, the Customer may correct input errors using the standard keyboard and mouse functions.

2.7 The contract language is German. An English version is provided for information purposes for international customers.

2.8 Order processing and communication generally take place via email. The Customer must ensure that the email address provided is correct and capable of receiving messages.

3) Right of Withdrawal

Consumers are generally entitled to a statutory right of withdrawal.

Detailed information regarding the right of withdrawal can be found in the Seller’s separate Withdrawal Policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated, the prices indicated are total prices including statutory VAT. Any additional shipping costs are specified separately.

4.2 The available payment methods are displayed in the online shop.

4.3 If payment is made via “Shopify Payments,” payment processing is carried out by:

Stripe Payments Europe Ltd., Dublin, Ireland.

Additional payment service providers may apply their own terms and conditions.

5) Delivery and Shipping Conditions

5.1 Delivery is made to the shipping address specified by the Customer within the delivery area indicated by the Seller.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the reasonable additional costs incurred. This does not apply if the Customer effectively exercises their right of withdrawal.

5.3

  • For entrepreneurs, the risk of accidental loss or deterioration passes upon handover to the carrier.

  • For consumers, the risk passes upon delivery of the goods to the Customer or an authorized recipient.

5.4 If the Seller is not supplied correctly or on time despite having concluded a proper covering transaction, the Seller reserves the right to withdraw from the contract. Any payments made will be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller performs in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been received.

7) Warranty (Liability for Defects)

Statutory warranty provisions apply.

For consumers within the European Union, mandatory consumer protection rights of the country of habitual residence remain unaffected.

For entrepreneurs:

  • The Seller may choose the type of subsequent performance (repair or replacement).

  • The limitation period for new goods is one year from delivery.

  • Warranty rights for used goods are excluded, unless mandatory law provides otherwise.

The above limitations do not apply in cases of fraudulent concealment of defects, personal injury, or mandatory statutory liability.

8) Liability

8.1 The Seller shall be liable without limitation:

  • in cases of intent or gross negligence,

  • in cases of injury to life, body, or health,

  • under a guarantee expressly granted,

  • under mandatory statutory provisions (e.g., product liability law).

8.2 In the event of negligent breach of essential contractual obligations, liability is limited to foreseeable damage typical for the contract.

8.3 Any further liability is excluded to the extent permitted by law.

8.4 The above liability rules also apply to the Seller’s legal representatives and vicarious agents.

9) Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the country of their habitual residence.

10) Jurisdiction

If the Customer is a merchant, legal entity under public law, or public special fund, the exclusive place of jurisdiction is the Seller’s registered office.

For consumers, jurisdiction is determined in accordance with applicable European regulations (in particular the Brussels I Regulation (recast)).

11) Code of Conduct

The Seller complies with the quality criteria of:

Trusted Shops

12) Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution (ODR):

European Commission
https://ec.europa.eu/consumers/odr

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

FLAMMBURO factory outlet

Branded lighters are produced for hardware stores, specialist shops and food retailers at two locations in Germany. Under the FLAMMBURO brand you can get large containers of tried and tested grill lighters and fireplace lighters in brand quality directly from the factory.