The address of our website is: BonitoBros.com.

Operated by

BonitoBros
Annelore Katharina Sebamani Sabarathnam
Calle Guayanas 24
35109 San Bartolomé de Tirajana
Las Palmas de Gran Canaria, Spain

Email: info@bonitobros.com
Phone: +34653955323

– Hereinafter referred to as: Provider –

1. Scope

These General Terms and Conditions (GTC) apply, upon their inclusion, to all contracts for the purchase of goods, services, or other items (hereinafter “goods”) in the online shop at the aforementioned URL, in their version valid at the time of the contract conclusion. These GTC apply exclusively. Deviating GTC of the customer will not become part of the contract, unless the provider expressly agrees to them.

2. Conclusion of the Contract

2.1 The offers in the online shop are a non-binding invitation from the provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is placed via the provider’s online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By ordering, the customer makes a binding offer to purchase the selected goods. The contract is concluded when the provider accepts the customer’s offer. Acceptance occurs when the provider confirms the contract in writing or text form (e.g., by email) and this confirmation reaches the customer, or by delivering the ordered goods to the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the order process) and the payment request reaches the customer; the decisive time for the conclusion of the contract is the time when one of the alternatives mentioned in the first half-sentence first occurs.

2.3 Before submitting the order via the provider’s online order form, the customer can check and correct their entries at any time using the usual keyboard, mouse, touch, or other available input functions. Additionally, all entries are displayed once again in a confirmation window before the order is submitted and can also be corrected there using the usual input functions.

2.4 The provider will store the contract text after the contract is concluded and send it to the customer in text form (e.g., by email). Further access to the contract text by the provider is not provided. If the purchase is made via a customer account in the online shop, the customer can view their orders and associated order data there.

2.5 The following languages are available for the contract conclusion: German, English, Spanish.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Details can be found in the withdrawal information provided to each consumer no later than immediately before the contract conclusion.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory VAT and any listed shipping costs. The customer will be informed about the available payment methods in the provider’s online shop.

4.2 If “advance payment” is agreed, the purchase price is due immediately after the contract conclusion.

4.3 If “SEPA direct debit” is agreed, the payment is due immediately after the contract conclusion. Before debiting the purchase price, the customer will be informed when to expect the debiting of the agreed purchase price (pre-notification). The direct debit will not be made before receipt of this pre-notification and not before the period specified in the pre-notification. If the direct debit fails due to insufficient funds, incorrect bank details, or other reasons attributable to the customer, the customer bears any resulting chargeback fees, provided they are responsible for the failure.

4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after the contract conclusion.

4.5 If payment via “PayPal” is agreed, the purchase price is due immediately after the contract conclusion. Payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.6 If “immediate transfer” is agreed, the purchase price is due immediately after the contract conclusion. Payment processing is carried out through Sofort GmbH, Theresienhöhe 12, 80339 Munich.

5. Retention of Title

The purchased goods remain the property of the provider until full payment of the purchase price.

6. Delivery and Self-Supply Reservation

6.1 Unless otherwise agreed, delivery will be made within the delivery period specified in the online shop to the delivery address provided by the customer. The applicable delivery times are available in the online shop.

6.2 For shipping deliveries, unless otherwise agreed, delivery is made “free curbside.” This means delivery to the public curbside nearest the specified delivery address.

6.3 Self-pickup of the purchased goods is excluded.

6.4 If the provider cannot deliver the ordered goods because they were not supplied to the provider without any fault on their part, despite concluding a congruent hedging transaction with a reliable supplier in due time, the provider is released from their obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of performance. Any counter-performance already rendered by the contract partner will be refunded immediately. Mandatory consumer law remains unaffected by this paragraph.

6.5 In the event that an order incurs exceptionally high shipping costs, BonitoBros reserves the right to either cancel the order or offer the customer the option to cover the difference in shipping costs.

1. Definition of Exceptionally High Shipping Costs: Exceptionally high shipping costs are those that significantly exceed the usual shipping costs for comparable orders. These can arise from special circumstances such as deliveries to remote areas, oversized or overweight shipments, special shipping requirements, or other unforeseen factors.
2. Customer Notification: In cases where exceptionally high shipping costs are incurred, BonitoBros will promptly inform the customer. The notification will be made via email or phone and will include a detailed breakdown of the additional shipping costs.
3. Customer Options: Upon receiving the notification of the exceptionally high shipping costs, the customer has the following options: a. Covering the Difference: The customer can agree to cover the additional shipping costs. In this case, BonitoBros will proceed with processing the order as usual and will bill the customer for the additional costs. b. Order Cancellation: The customer can cancel the order without any additional charges. BonitoBros will then issue a full refund of any amounts already paid.
4. Decision Period: The customer has a period of [e.g., 5 business days] from the receipt of the notification to inform BonitoBros of their decision. If the customer does not respond within this period, BonitoBros reserves the right to automatically cancel the order and refund any amounts already paid.
5. Legal Effectiveness: This clause is considered part of BonitoBros’ Terms and Conditions. By placing an order, the customer agrees to the Terms and Conditions, including this clause.

7. Warranty

The statutory provisions on liability for defects apply.

8. Liability

8.1 The provider is fully liable:

• for damages resulting from injury to life, body, or health, based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
• for damages resulting from an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
• based on a guarantee promise, unless otherwise regulated;
• based on mandatory liability (e.g., under the Product Liability Act).

8.2 If the provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is provided for in the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the contractual purpose, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the customer regularly relies.

8.3 Otherwise, the provider’s liability, as well as the liability of their vicarious agents and legal representatives, is excluded.

9. Data Protection

The provider treats the personal data of their customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, provided this choice of law does not lead to a consumer with a habitual residence in the EU being deprived of mandatory statutory provisions of the law of their residence state.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The provider’s place of business can be found in the heading of these GTC.

10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

The provider is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.

Our email address can be found in the heading of these GTC.