Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Prices and Payment Terms
- Shipping and Delivery Conditions
- Retention of Title
- Right of Cancellation and Cancellation Policy
- Liability for Defects (Warranty)
- Special Conditions for Digital Content
- Applicable Law
- Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "T&C") of Dmitrij Filenko, trading as "Dmitrij Filenko Black Forest AI Design" (hereinafter "Seller"), apply to all contracts for the delivery of goods and the provision of digital content that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller via the online shop on Shopify. The inclusion of the Customer's own terms and conditions is hereby objected to, unless explicitly agreed otherwise.
1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity (Section 13 of the German Civil Code - BGB).
1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 BGB).
2. Conclusion of Contract
2.1 The product descriptions in the Seller's Shopify online shop do not constitute binding offers, but serve for the submission of a binding offer by the Customer.
2.2 The Customer submits a binding offer by placing the selected goods or digital content into the shopping cart and completing the ordering process by clicking the button "Place binding order" (or similar).
2.3 For personalized products (e.g., T-shirts with custom prints via Printify or Customily), the Customer must specify the requested personalizations (e.g., text, images) during the ordering process. The Customer is requested to carefully check all details before completing the order, as subsequent changes are not possible.
2.4 The Seller can accept the Customer's offer within five days by:
- sending an order confirmation in text form (email or fax), whereby the receipt by the Customer is decisive,
- delivering the goods or granting access to digital content, whereby the access by the Customer is decisive, or
- requesting payment from the Customer.
When paying via Shopify Payments or PayPal, acceptance occurs immediately upon completion of the ordering process. If the Seller does not accept the offer, this shall be deemed a rejection, and the Customer is no longer bound by their offer.
2.5 The contract text is stored after the conclusion of the contract and transmitted to the Customer via email along with these T&C and the cancellation policy. Customers with a shop account can access their order data under "My Orders".
2.6 Before submitting the order, the Customer can check and correct entries in the ordering process. The German language is available for the conclusion of the contract.
2.7 Order processing is automated via Shopify. The Customer ensures that the provided email address is correct and capable of receiving emails.
3. Prices and Payment Terms
3.1 The prices stated are total prices including statutory value-added tax (VAT). Shipping costs are shown separately in the shopping cart.
3.2 Available payment options are: Shopify Payments (e.g., credit card, Apple Pay, Google Pay), PayPal, and advance payment via bank transfer, with available options displayed during the checkout process.
3.3 For Shopify Payments, processing is handled by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. For PayPal, it is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In the case of advance performance (e.g., purchase on account), the claim is assigned to PayPal after a credit check. The Customer pays PayPal with debt-discharging effect.
4. Shipping and Delivery Conditions
4.1 Delivery is made within Germany and the EU to the address specified in the ordering process. For Shopify Payments or PayPal, the address stored at the time of payment is decisive. For print-on-demand products via Printify, delivery time may take up to 14 business days due to custom manufacturing after the order is placed.
4.2 For personalized products, delivery times may vary as these are manufactured individually according to customer specifications. The estimated delivery time will be displayed to the Customer before completing the order.
4.3 In the event of a delivery failure caused by the Customer, the Customer shall bear the actual shipping costs incurred, except in the case of a valid cancellation.
4.4 For entrepreneurs, risk passes upon handover to the carrier; for consumers, risk passes upon handover of the goods, unless a carrier was independently commissioned by the consumer.
4.5 In the event of non-delivery for which the Seller is not responsible (e.g., by Printify), the Seller may withdraw from the contract if a matching cover transaction was concluded with due care. The Customer will be informed, and payments will be refunded.
4.6 Self-collection (pick-up) is not possible.
5. Retention of Title
The goods remain the property of the Seller until full payment has been received.
6. Right of Cancellation and Cancellation Policy
6.1 Right of Cancellation
Consumers are entitled to a right of cancellation. You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day:
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, in the case of physical goods,
- on which the contract was concluded, in the case of digital content not supplied on a tangible medium.
To exercise your right of cancellation, you must inform us (Dmitrij Filenko, Black Forest AI Design, Georg-Wagner-Str. 32, 72202 Nagold, Germany, Email: support@bottombob.com, Tel.: +49 1520 6641332) by means of a clear statement (e.g., a letter sent by post or an email). You may use the model cancellation form, but it is not mandatory. The deadline is met if the notification is sent before the cancellation period expires.
6.2 Effects of Cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of supplementary costs for non-standard delivery), within fourteen days of receipt of the cancellation notice, using the original means of payment, without any fees.
- For goods: Reimbursement may be refused until the goods are received back or proof of return is provided. You shall send back the goods to us (Dmitrij Filenko, Georg-Wagner-Str. 32, 72202 Nagold, Germany) within fourteen days of cancellation. You bear the direct costs of returning the goods and are only liable for diminished value due to unnecessary handling.
- For digital content: The right of cancellation expires upon consent to premature execution of the contract and acknowledgment of the loss of the right of cancellation.
6.3 Exceptions to the Right of Cancellation
The right of cancellation does not apply to:
- goods manufactured to customer specifications or clearly personalized (e.g., personalized products) pursuant to Section 312g (2) No. 1 BGB;
- digital content not supplied on a tangible medium, if performance began with your prior express consent before the expiry of the cancellation period and you acknowledged the loss of your right of cancellation (Section 356 (5) BGB).
6.4 Special Notes on Personalized Products
For personalized products manufactured according to your individual specifications (e.g., custom prints via Printify or Customily), no right of cancellation exists. By ordering such products, you expressly agree that we will begin production immediately and that your right of cancellation expires upon commencement of production. Please carefully check all details (e.g., design, text, dimensions) before completing your order, as errors or change requests can no longer be considered after production has started. If you have any questions about your order, please contact us at support@bottombob.com or +49 1520 6641332.
6.5 Model Cancellation Form
To: Dmitrij Filenko, Georg-Wagner-Str. 32, 72202 Nagold, Germany, Email: support@bottombob.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature (only if this form is notified on paper)
- Date
(*) Delete as appropriate.
7. Liability for Defects (Warranty)
7.1 Statutory liability for defects provisions apply, unless otherwise specified.
7.2 For entrepreneurs: supplementary performance (Nacherfüllung) shall be at the discretion of the Seller; the limitation period for new goods is 1 year, and liability for defects is excluded for used goods.
7.3 Exceptions: Limitations of liability do not apply to damages, maliciously concealed defects, defects in buildings, or update obligations for digital content.
7.4 Merchants (Section 1 of the German Commercial Code - HGB) are subject to the obligation to inspect and notify defects (Section 377 HGB).
7.5 Consumers are requested to report transport damage to support@bottombob.com, without this affecting their legal rights.
8. Special Conditions for Digital Content
8.1 Digital content (e.g., downloads) is provided with a non-exclusive, non-transferable right of use for personal use.
8.2 Updates are provided in accordance with Section 327e BGB, if agreed upon.
9. Applicable Law
The law of the Federal Republic of Germany applies, 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 protective provisions of the country in which they have their habitual residence.
10. Alternative Dispute Resolution
10.1 EU Commission Platform: https://ec.europa.eu/consumers/odr.
10.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.