General terms and conditions with customer information
Table of contents
- Prices and terms of payment
- Delivery and shipping conditions
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Special conditions for assembly/installation services
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Code of conduct
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Bauzoo GbR (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby contradicted.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via 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 contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding the order process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail, post or online contact form.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment is processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he grants the order process by clicking on the final buttons also send a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button concluding the order process.
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button concluding the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller with the order processing can be delivered.
3) Right of withdrawal
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred 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 by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made 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 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal credit" in the event of a negative test result. If the payment method "PayPal Credit" is approved by PayPal, the Customer must pay the invoice amount to PayPal under the conditions specified by the Seller, which are communicated to him in the Seller's online shop. In this case, he can only pay to PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and mailings or credit notes.
4.6 If the payment method "SOFORT" is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and debited from the customer's bank account. Further information on the payment method "SOFORT" can be found on the Internet under https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method, the delivery address deposited by the customer with PayPal at the time of payment is PayPal decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the regulation made in the revocation instruction of the seller applies.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging 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.
5.4 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may collect the goods at the Seller's registered office after consultation with the Seller. In this case, no shipping costs will be charged.
5.5 Vouchers are provided to the customer as follows:
- by download
- by e-mail
6) Retention of title
If the seller makes an advance payment, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the period of liability to one year does not apply.
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content required for the processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he shall ensure that no rights of third parties are infringed as a result, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Seller against claims of third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Special conditions for assembly/installation services
If, according to the content of the contract, the seller owes not only the delivery of the goods but also the assembly or installation of the goods at the customer's premises and, if necessary, corresponding preparatory measures (e.g. measurements), the following shall apply:
9.1 The Seller shall provide its services at its discretion in its own person or by qualified personnel selected by it. In doing so, the seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer is not entitled to select a specific person to perform the desired service.
9.2 The Customer shall provide the Seller with the information required for the provision of the service owed completely and truthfully, provided that its procurement does not fall within the Seller's scope of obligations according to the content of the contract.
9.3 After conclusion of the contract, the seller will contact the customer in order to arrange an appointment for the service owed. The customer shall ensure that the seller or the personnel commissioned by him have access to the relevant facilities of the customer on the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon completion of the assembly work and handover to the customer.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the voucher.
10.3 Promotional vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the action voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a promotional voucher will not be paid out in cash or interest.
10.8 The action voucher will not be refunded if the customer returns the goods paid for in whole or in part with the action voucher within the scope of his statutory right of withdrawal.
10.9 The action voucher is transferable. The seller can pay with discharging effect to the respective holder who redeems the action voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit will be credited to the customer by the expiry date.
11.3 Gift vouchers can only be redeemed before completion of the order process. A subsequent settlement is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7 The balance of a Gift Voucher will not be paid out in cash or bear interest.
11.8 The Gift Voucher is transferable. The seller can pay with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.
12) Applicable law
12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13) Code of Conduct
- The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet under https://www.fairness-im-handel.de/teilnahmebedingungen/.
- The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet under https://support.google.com/merchants/topic/7105962.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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