Gerneral terms and conditions

1.1 These General Terms and Conditions (called "GTC") shall apply to all contracts concluded between you as a consumer (referred to as "customer" or "buyer") and BMK Handels- und Vertriebs GmbH, Schuhfabrikgasse 17/2, AT-1230 Vienna (referred to as "BMK", "seller", "we" or "us") via the online shop www.popolini.com.

1.2 The GTC shall apply in the version valid at the time of the order. By completing the order process in the online shop, the customer agrees to these GTC. Deviating or supplementary conditions of the customer shall only apply if we have expressly agreed to their validity in writing.

1.3 Our offer is aimed exclusively at consumers within the meaning of the Austrian Consumer Protection Act (KSchG), i.e. individuals who conclude a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.4 Purchasing in the online shop is only permitted to adults who have reached the age of 18 and are not under guardianship or supervision.

1.5 The sale of our products is limited exclusively to typical household quantities.

The illustrations of the products in the online shop serve to illustrate and are not binding. In particular, the colour representation may deviate from the actual product. Such deviations are for technical reasons and do not constitute a defect.

3.1 The products displayed in the online shop do not represent a legally binding offer, but a non-binding invitation for the customer to place an order.

3.2 The customer submits a binding offer to conclude a purchase contract by clicking the "order subject to payment" button in the checkout process.

3.3 After sending the order, the customer receives an automated e-mail to the e-mail address provided. This so-called order confirmation only confirms the receipt of the order and does not yet constitute an acceptance of the contract.

3.4 A binding contract is only concluded when we accept the customer's offer by means of a shipping confirmation, an order confirmation or by delivering the goods. The decision on acceptance is made within 5 working days after receipt of the order.

3.5 The contract relates exclusively to the products named in the shipping confirmation, invoice or order confirmation. These details simultaneously define the scope of our contractual performance obligation.

4.1 In the online shop at www.popolini.com, the customer can select the desired goods by clicking on the "Add to shopping cart" button. The selected items are automatically stored in the virtual shopping cart during the visit.

4.2 The ordering process is initiated by clicking on the "Proceed to checkout" button.

4.3 On the following page, the customer is asked to either log in with their existing customer account or create a new user account.

4.4 The customer then selects the desired shipping address and a payment method and enters the data required for payment processing. If an external payment service (e.g. PayPal) is selected, an automatic redirection to the corresponding external website takes place.

4.5 Before submitting the binding order, the customer receives an order overview in which all relevant data is summarized again.

4.6 In this step, the customer has the opportunity to check all information and correct it if necessary.

4.7 By clicking on the "order subject to payment" button, the customer makes a binding offer to purchase the goods in the shopping cart.

4.8 Alternatively, there is the possibility to submit an order by e-mail to [email protected].

After the customer has submitted the purchase offer by clicking on the "order subject to payment" button in the order form, the customer receives an automated e-mail to the e-mail address provided. This order confirmation serves solely to provide information that the order has been received by us and does not yet represent an acceptance of the offer.

A binding purchase contract is only concluded when we accept the customer's offer. Acceptance takes place either by: sending an invoice, sending a shipping confirmation or at the latest by delivery of the goods.

6.1 The entire communication as well as the processing of the purchase contract are generally automated by e-mail. The customer is responsible for ensuring that the e-mail address provided is correct and that the receipt of e-mails is technically guaranteed (no spam filter, sufficient storage space, etc.).

6.2 The data transmitted by the customer during the ordering process is saved by us. As a registered customer, this data can be viewed at any time in the customer area of the online shop.

7.1 All stated prices are final prices including packaging costs as well as the statutory value added tax (VAT).

7.2 Price errors remain reserved. Should it turn out that the actual price is higher than the stated one, the customer will be contacted immediately. In this case, a contract is only concluded if the higher price is expressly agreed to. If the correct price is lower, we will of course calculate the lower amount.

7.3 Shipping costs are not included in the stated price and are calculated additionally. For details, please refer to our shipping and delivery information.

7.4 Prices may be subject to short-term changes, in particular in the case of special promotions or due to changes in VAT. For orders already concluded, the prices agreed at the time of conclusion of the contract apply.

7.5 Vouchers, discount codes or other benefits are only valid if they are valid and redeemable at the time of the order. Subsequent consideration of vouchers or discounts is excluded, unless explicitly agreed otherwise.

8.1 BMK restricts its deliveries to those countries listed in our shipping and delivery information. Delivery is made exclusively to the delivery address provided by the buyer.

8.2 For advance payment, the delivery period begins one working day after receipt of the full amount on BMK's bank account. For all other payment methods, the delivery period begins one working day after receipt of the order.

8.3 If the goods are damaged during transport, the buyer is obliged to immediately report the damage to the transport company and claim it there. Acceptance of the delivery may only take place subject to reservation.

8.4 BMK assumes no liability for delivery obstacles caused by suppliers or manufacturers that are outside our sphere of influence. If the delivery or compliance with an agreed delivery time becomes impossible due to such circumstances, BMK is entitled to withdraw from the contract in whole or in part. The buyer will be informed immediately in such a case. Claims for damages are excluded. Before completing the order, the customer is informed of any delivery restrictions. The purchase price is due no later than upon delivery. Despite careful planning, unforeseeable events can lead to delays. Should the delivery take longer than 30 days, the buyer has the right to withdraw from the purchase.

The delivered goods remain the property of BMK until full payment has been made. If the customer is in default with the payment of the purchase price, BMK is entitled to withdraw from the contract and to reclaim the goods.

The payment of the purchase price is made optionally by advance payment, credit card (VISA, Mastercard) or PayPal.

10.1 Prepayment: The customer transfers the invoice amount to the account of BMK Handels- und Vertriebs GmbH within 7 days of receiving the invoice. 

• Account holder: BMK Handels- und Vertriebs GmbH 
  Bank: Bank Austria
  IBAN: AT 82 1200 0225 1124 4500 
  BIC: BKAUATWW

The shipment will only take place after receipt of payment, at the earliest one working day afterwards.

10.2 PayPal: Payment is made via PayPal (Europe) S.à.r.l et Cie, S.C.A., Luxembourg. During the ordering process, the buyer is redirected to the PayPal page, where the payment process is carried out. The purchase price is due immediately.

10.3 Credit card: Payments with VISA or Mastercard are processed via PAYONE GmbH Zweigniederlassung Österreich. The purchase price is due immediately upon completion of the order.

In the event of default in payment, the statutory default provisions apply. Dunning costs can be claimed from the second reminder. If full payment is not made within 30 days, BMK reserves the right to withdraw from the contract. The goods remain the property of BMK until full payment is made.

Unless legally regulated otherwise, the general statutory cancellation provisions apply.

The statutory warranty provisions apply, unless explicitly stated otherwise.

For all contracts and legal relationships, the law of the country to which the goods are delivered or in which the customer has his habitual residence applies.

For disputes arising from contracts concluded under these GTC, the place of jurisdiction is basically Vienna.

We reserve the right to unilaterally amend these GTC if this is necessary to adapt to changed legal or technical conditions or to eliminate equivalence disruptions. We will inform the customer of changes by e-mail to the last known address. Changes become part of the contract if the customer does not object in writing or text form within six weeks of receipt of the change notification.

If a provision of these General Terms and Conditions should be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.