Terms of service

Terms & Conditions for private customers

§ 1 Scope and Subject Matter	§ 6 Warranty
§ 2 Offer, Conclusion of Contract, Offer Documents	§ 7 Right of Retention
§ 3 Terms of Prices and Payment	§ 8 Liability for Damages
§ 4 Delivery Conditions	§ 9 Applicable Law
§ 5 Right of Withdrawal	§ 10 Complaints, Dispute Resolution

§ 1 Scope and Subject Matter

Our terms and conditions apply to the delivery of movable goods to consumers in accordance with the contract concluded between us and the customer. ("Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional.)

§ 2 Offer, Conclusion of Contract, Offer Documents

The customer's order constitutes a binding offer, which we can accept within two weeks by sending an order confirmation or delivering the goods. Previous offers or confirmations from us are non-binding unless expressly stated as firm offers in writing.

If the customer orders goods electronically, the contract text and these terms and conditions will be stored in a retrievable form and sent to the customer upon request via email. We will confirm receipt of the order immediately. This acknowledgment does not yet constitute acceptance of the order but may be combined with the declaration of acceptance.

Descriptions of the products, including weight, dimensions, materials, and the range of assortment, are approximate values subject to customary industry deviations. This also applies to information in price lists, catalogs, sample books, and other brochures. We reserve the right to make changes at any time.

The sale of bladed weapons, push daggers, and spring knives is permitted only to persons who have reached the age of eighteen. Ownership of side-opening spring knives with a blade length of up to 8.5 cm is allowed in Germany only for persons with a legitimate interest requiring one-handed use (e.g., due to a missing or dysfunctional hand) or in connection with professional activities (e.g., hunting, crafts) or sports (e.g., sailing, mountaineering). Therefore, we sell only to eligible persons. Please check before placing your order whether such legitimate interest applies.

For deliveries outside Germany, country-specific restrictions or prohibitions may apply. The customer is responsible for ensuring that the import and possession of ordered items do not violate the laws of their country of residence.

Orders and deliveries are generally possible only within the following countries: Germany, Austria, Switzerland, Andorra, Albania, Bosnia and Herzegovina, Belgium, Cyprus, Denmark, Estonia, Spain, Finland, France, Northern Ireland, Greece, Croatia, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Netherlands, Norway, Portugal, Sweden, Slovenia, San Marino.

The contract languages are German and English.

Ordering procedure via shop: Add items to cart → review cart → proceed to checkout → enter billing/shipping addresses → select payment → review and confirm → place order. Orders may also be placed by phone at +49 212 4012-0 (Mon–Thu 08:00–16:00, Fri 08:00–14:30).

§ 3 Terms of Prices and Payment

Price changes are permitted if more than four months elapse between the conclusion of the contract and the agreed delivery date. If wages or material costs change during this period and before delivery, we are entitled to adjust the price appropriately in line with the respective increase or decrease in costs. The customer is only entitled to withdraw from the contract if the price increase exceeds the rise in the general cost of living between the date of the order and the date of delivery by more than an insignificant amount.

Prices stated in euros include statutory VAT and exclude shipping costs, including packaging and transport. Deliveries to countries outside the European Union may be subject to additional customs clearance costs.

Invoices are due for payment immediately upon receipt. The customer shall be deemed in default no later than ten days after the payment due date. Payment shall only be deemed to have been made once the amount due has been credited to our bank account. In the event of late payment, we are entitled to charge interest at a rate of five percentage points above the applicable base interest rate. This does not exclude the right to claim further damages caused by the delay. This includes, in particular, costs resulting from default of acceptance or returned direct debits.

All payments shall generally be applied to the oldest outstanding debt, irrespective of any instructions to the contrary issued by the purchaser. If collection costs and/or interest have already been incurred, payments shall first be applied to the costs, then to the interest and finally to the principal claim. The purchaser shall only be entitled to set-off, retention or reduction if the counterclaims have been legally established by a final court decision or are undisputed.

All payments shall generally be applied to the oldest outstanding debt, irrespective of any instructions to the contrary issued by the purchaser. If collection costs and/or interest have already been incurred, payments shall first be applied to the costs, then to the interest and finally to the principal claim. The purchaser shall only be entitled to set-off if the counterclaims have been legally established by a final court decision or are undisputed. The purchaser may only exercise a right of retention in respect of claims arising from the same contractual relationship.

For orders placed by private customers with a value of less than EUR 49, a shipping charge of EUR 4.95 applies for packaging, delivery and insurance. For orders placed by private customers with a value of EUR 49 or more, we shall bear these costs. This applies only to deliveries within Germany. Additional costs may apply to international deliveries.

We accept payment by cash on delivery, with a domestic cash-on-delivery charge of EUR 5 plus a postal fee of EUR 3, credit card (Eurocard or Visa), PayPal or Klarna.

The stated shipping costs apply to standard parcel deliveries and multi-parcel consignments consisting of up to and including three individual parcels. For multi-parcel consignments consisting of more than three parcels, or for consignments that must be delivered by a freight forwarder due to their dimensions or weight, the respective costs shall be charged to the customer. For consignments subject to these additional costs, the customer may arrange for a transport service of their choice to collect the goods.

Further information on payment and shipping can be found here.

§ 4 Delivery Conditions

Unless carriage-paid delivery has been agreed or other delivery arrangements have been made, we reserve the right to choose the means of transport and the shipping route. Even in the case of a sale involving carriage, the risk of accidental loss of or accidental damage to the goods shall not pass to the customer until the goods have been handed over to the customer. The same shall apply if the customer is in default of acceptance.

As transport damage must be reported to the carrier within seven days, we kindly ask you to notify us of any such damage as soon as possible after receiving the goods.

Items marked as “Immediately available” or “In stock” will be dispatched within one to three working days. Delays may occur during special sales promotions or periods of high order volumes. The current processing time for orders containing available items can be found in the order confirmation sent to you by email.

Compliance with delivery deadlines is subject to the customer fulfilling all contractual obligations due by that time. This applies to orders paid for in advance as well as orders for customised items that require the customer’s approval, such as laser engravings.

Where the exercise of the customer’s rights requires the setting of a reasonable additional period for performance, this period shall be at least two weeks. Where delivery deadlines have been specified by us and formed the basis of the order, such deadlines shall be extended in the event of strikes or force majeure for the duration of the resulting delay.

§ 5 Right of Withdrawal

Withdrawal Right for Consumers

Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods; in the case of multiple goods ordered in a single order, fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the last item.

To exercise your right of withdrawal, you must inform us (Heinr. Böker Baumwerk GmbH, Schützenstr. 30, 42659 Solingen, Germany, Tel. +49 212 4012-0, Email: info@boker.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory. You can also complete and submit the withdrawal form electronically via our website. Upon using this option, we will promptly send you an acknowledgement of receipt of your withdrawal.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, excluding shipping costs, without undue delay and no later than fourteen days from the day we receive your withdrawal notice. We will use the same payment method used for the original transaction, unless expressly agreed otherwise; in no event will you be charged fees for such reimbursement. We may withhold the refund until we have received the goods back or until you have provided proof of their return, whichever occurs earlier.

You must return or hand over the goods without undue delay, and in any event no later than fourteen days from the day on which you informed us of the withdrawal. The deadline is met if you send the goods before the period of fourteen days expires. You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling the goods in a way not necessary to examine their nature, characteristics, and functioning.

The right of withdrawal does not apply to contracts for:

the delivery of goods that are not prefabricated and for the production of which an individual choice or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (e.g., orders with personal laser engraving);
the delivery of goods which are, after delivery, inseparably mixed with other items;
the delivery of sealed audio or video recordings or software, if the seal has been removed after delivery;
the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.

§ 6 Warranty

1. Warranty applies at the time of risk transfer (see §4). We are not liable for defects caused by improper use, normal wear, careless handling, or unauthorized alterations/repairs. Nor shall we be liable for defects that significantly diminish the value or suitability of the goods.

Examine delivered goods immediately for completeness, obvious defects, and transport damage. Notify us promptly.
Deviations in product features are only binding if explicitly agreed.
Statutory limitation: 2 years for new goods, 1 year for used goods, starting at risk transfer. Does not affect damages claims under §9.
No additional warranties; manufacturer warranties apply.

§ 7 Right of Retention

We reserve the right to ownership of the object purchased until all purchasing price payments have been made.

In case of breaches of duty by the customer, especially payment delays, we may withdraw from the contract and retrieve the items after unsuccessfully providing the customer with an appropriate grace period to make outstanding payments. Legal regulations on the dispensability of setting a deadline shall remain unaffected. The customer must hand over the items. We may withdraw from the contract if an application is made to launch insolvency proceedings over the customer's assets.

The customer must immediately notify of us of any third-party enforcement measures towards the reserved goods by submitting any documents required for intervention. This shall also apply to any other kinds of restrictions. Irrespective thereof, the customer must inform third parties of the existing rights to the goods beforehand. If the customer is an entrepreneur, he must cover our intervention costs if the third party is unable to reimburse us.

§ 8 Liability for Damages

1. Liability does not apply to personal injury, health damage, or death, or mandatory statutory claims like product liability.

2. For slight negligence, liability is limited to foreseeable, typical contract-related damage.

3. Limitations also apply to our cicarious agents.

§ 9 Applicable Law

German law applies. For consumers, this applies only if mandatory protections in the consumer’s country are not removed. The UN Convention on Contracts for the International Sale of Goods does not apply.

§ 10 Complaints, Dispute Resolution

For consumer disputes, the competent body is: “Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, Germany” – www.verbraucher-schlichter.de

We do not participate in dispute resolution procedures.

Imprint

Heinr. Böker Baumwerk GmbH, Schützenstr. 30, 42659 Solingen, Germany
Tel. +49 212 4012-0, Fax +49 212 4012-80, Email: info@boker.de

Authorized General Manager Representatives: Dipl.-Wirtsch.-Ing. Carsten Felix-Dalichow, Dipl.-Ing. Kirsten Dalichow
Company Register Wuppertal, HRB16118, VAT ID: DE 812468818

Workshop participation at own risk. Liability exclusion except for intent or gross negligence. Early registration recommended. Cancellation < 30 days → 50% fee. No-show → costs not refunded.