Conditions

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General terms and conditions with customer information
Table of contents

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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. Liability for defects (warranty)
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

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1) Scope

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1.1 These general terms and conditions (hereinafter “GTC”) of the company Bau-Art-Tec GmbH  (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) has with the Seller concludes with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed. The version of these General Terms and Conditions valid at the time the contract is concluded is relevant.
1.2 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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2) Conclusion of contract

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2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,                                                  

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  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by asking the customer to pay after placing their order.                                                                                 

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.6 Only German language is available for concluding the contract.
2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

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3) Right of withdrawal

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3.1 Consumers generally have a right of withdrawal. You have the right to cancel this contract within 14 days. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier takes possession of the goods. In order to exercise your right of withdrawal, you must inform us about your decision to withdraw from this contract using our contact form on our homepage.
3.2 If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest method offered by us If you have chosen standard delivery) you will have to pay it back no later than fourteen days from the day on which we received the goods. For this repayment we will use the same payment method that you used for the original transaction, unless something different was expressly agreed with you. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods. We will only bear the return shipping costs if the product is found to be defective.

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Hints:

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a) Before a return takes place, you must apply for a returns number on our homepage. Depending on the reason for the return, a return label will then be emailed to you. However, we politely ask you not to return the goods carriage paid as part of your right of withdrawal. Please note that if you choose an unnecessarily expensive shipping method, you may be entitled to payment of the difference compared to returning the item by post.
b) We would also like to point out that if you return the item without the original product packaging, you may have to pay compensation.
c) As an exception, there is no right of withdrawal for goods that are not prefabricated and for whose production an individual selection or determination by you is decisive or that are clearly tailored to your personal needs.
d) Once we have received and inspected the returned products, you will receive a refund of the purchase price. Costs for installing and dismantling the goods as well as other services/work that you have commissioned from us in connection with the goods cannot be reimbursed in the event of a cancellation.
e) If you send goods back to us without further explanation, we generally assume that you want to make use of your statutory right of withdrawal.

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4) Prices and payment terms

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4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated separately. The prices valid on the day of the order are decisive. If the prices for the products you ordered are corrected downwards between the order and delivery to you, we will, upon request, grant a credit note for the resulting price difference in the amount of the difference.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

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5) Delivery and shipping conditions

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5.1 The delivery of goods takes place via shipping to the delivery address specified by the customer, unless otherwise agreed. When ordering via the seller's online order form, the delivery address specified in the online order form is decisive. As soon as payment has been received via the respective payment method, the goods will be shipped immediately.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pickup is not possible for logistical reasons.

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6) Retention of title

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6.1 As far as consumers are concerned, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 As far as entrepreneurs are concerned, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payments and no application has been filed to open insolvency proceedings.

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7) Liability for defects (warranty)

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If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this:
7.1 If the customer acts as an entrepreneur,

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• the seller has the choice of the type of supplementary performance;

• For new goods, the limitation period for defects is one year from the transfer of risk;

• In the case of used goods, rights and claims due to defects are generally excluded;

• The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.                                                    

7.2 If the customer acts as a consumer, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the limitation of the following paragraph.
7.3 The limitations of liability and reductions in the limitation period regulated in the above paragraphs do not apply

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• for items that were used for a building in accordance with their normal use and caused its defects,

• for claims for damages and reimbursement of expenses by the customer, as well

• in the event that the seller has fraudulently concealed the defect.                                                                                                   

7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and give notice of complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

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8) Liability

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The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason

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• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, body or health,

• based on a guarantee promise, unless otherwise regulated in this regard,

• due to mandatory liability such as under the Product Liability Act.                                                                                                                    

8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 In all other respects, liability on the part of the seller is excluded.
8.4 The seller assumes no liability for the timeliness, accuracy and completeness of the information provided on our website. Liability claims against the seller that relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless it can be proven that the seller acted intentionally or with gross negligence Fault exists. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate notice or to temporarily or permanently stop publication.
8.5 The seller cannot be held liable for delays or damage caused by force majeure, such as environmental influences, hacker attacks, system errors, etc.

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9) Applicable Law

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The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

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10) Place of jurisdiction

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If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

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11) Alternative Dispute Resolution

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11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.