General Terms and Conditions
General terms and conditions of the Backmann24 GmbH
(Status: February 15, 2020)
§ 1 General
- Backmann24.de is the internet shop of Backmann24 GmbH // Bleichereistr. 28 // 73066 Uhingen, Germany // Phone: +49 7161 35 25 02 // Telefax: +49 7161 38 90 369 // E-mail: firstname.lastname@example.org // CEO: Kathrin McKenna, Frank Lutz. The Backmann24 GmbH is therefore the contractual partner for all orders from this internet shop. You can also direct your complaints to this address.
- After selecting the merchandise, the customer can start the order process by clicking on the "proceed to checkout" button. The customer is guided through the checkout process in several steps. The customer can correct any input errors by clicking on the previous step or by clicking on any step in the ordering process listed to the right.
- The contract text is stored after the conclusion of the contract by Backmann24 GmbH and can be requested by the customer at any time. The order data can be printed out by the customer after completion of the order process.
- The contract conclusion is only available in German.
- The presentation of the merchandise on the Backmann24.de internet site does not constitute a binding offer. By clicking on the "Place order now" button, the customer is making a binding offer. The customer immediately receives a confirmation of receipt by e-mail. This confirmation does not yet represent an acceptance of the customer's offer. The e-mail only confirms that the customer's order has been received. A contract is not concluded until the execution of the order is confirmed by us as binding (order confirmation) or the merchandise is consigned to the customer.
- The customer is entitled to revocation if he is the consumer. See our cancellation policy for details.
- For our merchandise, statutory warranty rights apply unless otherwise provided in § 8.
§ 2 Scope and general provisions
- The following terms and conditions apply to all present and future business relationships, even if they are not expressly agreed upon again.
- Customers are defined by these terms and conditions as both consumers and contractors.
- Should any general terms and conditions deviate from, preclude or supplement the conditions listed above, they shall not be part of the contract at any time even if they are known to the company Backmann24 GmbH, unless their validity is expressly agreed upon in writing. Terms and conditions of the customer on the order confirmation are only binding for us if we have expressly confirmed them.
§ 3 Conclusion of the contract
- Our offers are non-binding and without obligation unless we have expressly designated them as binding. We reserve the right to alter technical design, shape, colour and weight, as long as this does not affect the functionality of the product and is reasonable for the customer.
- By ordering the merchandise, the customer makes a binding declaration of his intent to purchase that product. Orders are only binding for us if we confirm them in writing within no more than four working days or comply with the order by consignment of the merchandise. Verbal collateral agreements are only binding if we confirm them in writing. Billing is to be considered the equivalent of an order confirmation.
- Each contract is concluded by us subject to proper and timely delivery by our suppliers. However, this applies only if we are not responsible for a non-delivery, especially if we complete a congruent covering transaction with our supplier.
- If the ordered merchandise is not available to us, the customer will be informed immediately. Any payment made will be refunded immediately.
- We reserve our proprietary rights, copyrights and other protection rights with regard to all illustrations, calculations, drawings and other documents. The customer shall communicate them to third parties only by our written consent, regardless of whether we have marked them as confidential.
- As far as we provide the customer with images and texts for catalogues and similar promotional materials, we explicitly reserve the copyrights and other intellectual property rights. The customer may transmit this material only with our written consent, which is revocable at any time. The transmission of this image and text material may only be used in the form of catalogues and promotional material business usual in business for the distribution of our products. An alteration and/or amendment is not allowed without our permission.
§ 4 Retention of title
- For contracts with consumers, the merchandise remains our property until full payment of the purchase price.
- For contracts with contractors, the merchandise remains our property until full settlement of all claims which are due to us now or in the future against the customer from an ongoing business relationship.
- Should the customer behave contrary to the terms of the contract or be in default of payment, we are entitled to rescind the contract after giving reasonable notice and to reclaim the merchandise. If we take back the reserved merchandise, this represents a rescission the contract. The transportation costs incurred are borne by the customer. If we seize the reserved merchandise, this is a rescission of the contract. We are entitled to dispose of the reserved merchandise after taking them back.
- The customer is in any case obliged to treat the merchandise carefully and protect it at his expense against fire, water and theft and to preserve its original value until ownership is fully transferred to him through payment.
- A contractor is entitled to resell the merchandise in the ordinary course of business and/or to use it, as long as he is not in payment default. Pledges or security transfers are not admissible. By way of security, the contractor cedes his accounts receivable resulting from the resale or any other legal reason (insurance, tort) with respect to the reserved merchandise (including all claims from current accounts) in full extent to us; we hereby accept the cession. We revocably authorize the contractor to collect the receivables assigned to us for his account in his own name. This authorization to collect can be revoked at any time if the contractor does not properly fulfil his payment obligations.
- The contractor shall not be authorized to cede this claim for the purpose of collecting receivables through factoring, unless it is at the same time established that the factor is obliged to directly affect the consideration in the amount of the claims to us as long as there remain claims by us made against the contractor. The contractor undertakes to forward the amount collected to us in the amount of our invoice. At the same time, the contractor authorizes us to collect the debt ourselves as soon as the contractor is in default of payment against us. We are, however, not obligated to collect the debt ourselves.
- If the contractor processes or produces, he will only do this in our name and on our behalf. He agrees to instruct his business partners thereof. We acquire co-ownership of new goods arising from processing with other goods. Our co-ownership corresponds to the ratio of the value of the merchandise supplied by us (final invoice amount including VAT) to the other processed items. The same applies in the case of mixing. If the contractor's goods are to be seen as the main object as a result of mixing, the contractors and we agree that the contractor transfers pro rata ownership of these goods to us; we hereby accept the transfer. Our sole or joint ownership of a good arisen in this way is kept by the contractor for us. In the event of resale of merchandise thus being in our co-ownership, the authorization to claim according to paragraph 5 takes place in proportion to the value of our co-ownership to the undivided share of further suppliers reserving the ownership.
- The customer must notify us immediately of any damage to or destruction of the merchandise as well as third-party access to the merchandise so that we can enforce our rights of ownership. The same applies if the merchandise changes into the possession of a third party. The customer shall reimburse us for all damages and costs arising from a breach of this obligation and from necessary intervention measures against access by third parties.
- We are obliged to release the securities due to us insofar as the realizable value of our securities exceeds the secured claims by more than 10%; the selection of the collateral to be released is to be done at our discretion.
5 Prices / Payment
- Our prices shall be understood as ex-works Uhingen including packaging, unless other provisions were made in the order confirmation. Our prices include statutory VAT. We shall indicate them in the statutory amount separately in the invoice on the invoicing date.
- Payment must be made by credit card, PayPal, cash payment upon delivery or prepayment by bank transfer.
- A discount is permitted only if there is a specific written agreement between us and the customer. The customer undertakes to pay the purchase price within 14 days after receipt of the merchandise and receipt of the invoice, at the latest within one month from the date of invoice. A payment is considered made only when we can dispose over the amount. In the case of payments by cheque, the payment is considered to be made when the cheque is honoured.
- If the customer falls into arrears with a payment, the statutory provisions shall apply.
- A set-off from the part of the customer is excluded unless his claims are legally established or acknowledged by us.
- The right of retention is excluded unless the counter claim of the customer is based on the same contractual relationship.
§ 6 Delivery periods and time of performance
- Delays in delivery due to force majeure and due to events which significantly impede the delivery or make it impossible in an essential way (e.g. strike, lockout, official orders, etc.), even if they occur at our suppliers or their subcontractors, shall extend the delivery period within a reasonable scope. We are not responsible for the aforementioned circumstances, even if they occur during an already existing delay.
- If the customer is in default of acceptance, we are entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the customer culpably violates participation obligations. With the entry of acceptance or debtor default, the risk of accidental deterioration and accidental loss passes to the customer.
§ 7 Transfer of risk – shipping/packaging
- We will strive to consider the wishes and interests of the customer regarding shipping method and shipping route; resultant additional costs – even when transport paid delivery has been agreed – will be borne by the customer.
- If the customer is a contractor, then the customer assumes the risk of accidental loss and accidental deterioration of the goods at the point of acceptance, upon sales shipment when the goods are delivered to the carrier, the cargo transporter or otherwise to a person or company delegated for shipping. We are not liable for any damage during transport. If shipping damage is reported to us, it will only be considered for forwarding to the transport person if we have the notification no later than five days after delivery of the shipment.
- Delivered merchandise is to be accepted by the purchaser. The customer is obliged to accept the goods from the railway, post or forwarding agent only "conditionally" in order to maintain the rights to claim of any damage in transit.
- If the customer is in default of acceptance this is equivalent to the handing over of the merchandise.
- Returns are not accepted without our consent.
- If the shipment is delayed at the request or due to the fault of the customer, we shall store the merchandise at the expense and risk of the customer. In this case, the notification of the readiness for dispatch is equivalent to the shipping. Starting one month after notification of readiness for dispatch, the costs incurred in the storage, at least in the amount of 0.5% of the invoiced net amount for each month, are invoiced to the customer. We are also entitled to dispose of the merchandise after fruitless expiry of a reasonable period of time. Further damage claims are not excluded.
§ 8 Warranty
- As far as the customer is a contractor, he must notify us of non-hidden defects within 10 days of receipt of the merchandise in writing.
- If there is a material defect of the merchandise, we may carry out rectification and exclude the withdrawal or reduction right of the customer as far as this is not unreasonable. The subsequent performance is at our discretion – either by remedying the defect (repair) or delivery new merchandise. We shall carry the expenses necessary in the case of remedying the defect unless these increase due to the subject of the contract being located in a place other than the place of performance.
- If the supplementary performance has failed, the customer can at his discretion demand lowering of the purchase price (reduction) or the rescission from the contract. The repair will be considered as failed with the second unsuccessful attempt unless due to the subject matter further attempts are appropriate and reasonable for the customer. The statutory provisions for reduction or rescission fully apply only, however, if the customer's customer is considered the consumer of the new movable merchandise sold (sale of resale merchandise) and claims these rights due to a defect in the merchandise.
- A contractor's warranty claims come under the statute of limitations one year after delivery of the merchandise to the customer unless we have fraudulently concealed the defect; in the latter case, the statutory provisions apply.
§ 9 Liability
- Claims which are not expressly granted in these terms and conditions, in particular claims for damages by the customer for any form of faulty fulfilment of the contract, as well as cases of tort, are excluded. The liability exclusion does not apply to intent or gross negligence. We are also liable for slight negligence, insofar as this concerns duties which are indispensable for the achievement of the contractual purpose and in the strict adherence of which to the customer can put faith (cardinal obligations).
- The amount of our liability for damages is limited to damages which are typical for the contract and foreseeable; we do not in any event accept liability for damages which are atypical for the contract and unforeseeable.
§ 10 Excess or short deliveries
- We are entitled to partial deliveries and partial performances at any time as far as this is reasonable for the customer.
- In dealing with contractors, we are authorized to carry out excess or short deliveries per order and to adjust the selling price of the delivery quantity accordingly. An excess or short delivery of 10% of the placed order is considered reasonable.
§ 11 Dispute settlement
- The European Commission provides a platform for online dispute resolution (pursuant to Article 14 paragraph 1 ODR-VO), which can be found here: http://ec.europa.eu/consumers/odr/. For the out-of-court settlement of consumer disputes, consumers have the opportunity to use this platform as soon as it is made available by the European Commission.
- We do not take part in dispute settlement processes in consumer complaint centres because we prefer direct communication with our customers and business partners.
§ 12 Final provisions
- The laws of the Federal Republic of Germany apply, to be supplemented in the case of conclusion of contract with a consumer by those provisions which according to the law would apply without choice of law clause and may not diverge by contract.
- For business people, the only jurisdiction for disputes arising from this contract is that of our registered office. We are, however, also entitled to sue at the customer's general place of jurisdiction.
§ 13 Severability clause
Should individual provisions of the contract with the customer including these general terms and conditions be or become wholly or partly ineffective, the validity of the remaining provisions remains unaffected. The wholly or partly ineffective provision shall be replaced by one whose economic consequences most closely resemble that of the invalid provision.