Terms and Conditions
General Terms and Conditions
1. Scope of application
Solely these General Terms and Conditions apply to the business relations between BAUER AG and the customer regarding our online shop http://www.bauer-products.de (hereinafter: "Webshop") in the version applicable at the time when the customer places the order. Any inconsistent, deviating or supplementary general terms and conditions of the customer shall not become an integral part of the contract, unless BAUER AG expressly approves the validity thereof.
Where the word "consumer" is used below, a consumer is defined as any natural person who enters into a legal transaction for a purpose which cannot be ascribed to his commercial or self-employed professional activity.
2. Conclusion of contract
The presentation of the products in the Webshop is not a legally binding offer, it is to be considered a non-binding online catalogue. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Immediately after the order has been sent, an acknowledgement of the order is sent to the e-mail address stated by the customer in the order. This order acknowledgement, which repeats the order data, is merely information that the order has been received and does not confirm acceptance of the order. The purchase contract materialises upon receipt of an order confirmation by e-mail or by our dispatching the goods and the customer receiving the goods.
3. Prices, dispatch costs
All product prices are final prices in euros and contain the applicable statutory value-added tax.
Dispatch costs are added to the product prices stated. Details are given on the dispatch costs directly on the order page for the goods offered. For goods dispatched within Germany a flat rate of EUR 6.80 applies up to 5 kg and EUR 8.50 for over 5 up to 10 kg per delivery. If goods are sent outside Germany, the dispatch costs may differ considerably depending on the size, quantity and weight of the ordered goods. It is therefore not possible to state a definite flat rate for the dispatch of goods sent abroad and for the dispatch of goods weighing over 10 kg within Germany. However, you may request a quotation of the dispatch costs by e-mail from email@example.com.
Payment is made in advance. After completing your order, you will receive an invoice by e-mail or by post in which we notify you of our bank details. The invoice amount is due and payable immediately and must be transferred to our account net without any deduction within 7 workdays at the latest. The goods you have ordered are dispatched after payment is received in full.
5. Reservation of title
The goods remain our property until final payment in full of the agreed remuneration including the dispatch costs.
6. Terms of delivery
Unless otherwise stated in the offer, we will dispatch the goods within 7 workdays after receipt of payment at the latest.
7. Warranty, damages
Liability for defects is based on statutory provisions, unless otherwise stated below.
Any liability for defects is excluded if used goods are the subject of the purchase contract and the customer is not a consumer. If the customer is a consumer, the warranty period for defects is one year for the purchase of used goods.
BAUER AG is liable for damages – irrespective of the legal ground – in case of intent and gross negligence. In case of simple negligence including simple negligence by its representatives and vicarious agents, BAUER AG is liable only for damage arising from the breach of essential duties which jeopardises the fulfilment of the object of the contract, or for any breach of duties whose fulfilment makes the proper implementation of the contract possible in the first place and compliance with which the customer usually relies upon; in this case, however, liability is limited to compensation of the foreseeable, typical damage.
The foregoing limitations of liability shall not apply in case of death, physical injury and an impairment of health or if BAUER AG has fraudulently concealed a defect or has assumed a guarantee for the nature of the goods. Liability based on the German Product Liability Act remains unaffected.
8. Instructions on data privacy
As regards the provisions on data privacy, we refer to the separate data privacy statement in the imprint.
9. Right of cancellation
The customer has a 14-day right of cancellation on the terms named below in the instructions on cancellation.
10. Final provisions
The customer is only entitled to offset counterclaims if they have been declared legally valid by a court of law or are not contested by BAUER AG. Furthermore, the customer is only authorised to exercise a right of retention if his counterclaim is based on the same contract.
German law applies exclusively. This choice of law applies vis-à-vis a consumer only insofar as this does not restrict any mandatory statutory provisions of the country in which he has his place of residence or habitual place of abode. As far as legally admissible, the UN Sales Convention (CISG) is excluded.
The place of performance is Schrobenhausen, Germany. If the customer is not a consumer, Schrobenhausen, Germany, is agreed as the place of jurisdiction.