General Terms and Conditions
1. Scope
The following GTC apply to all orders placed with our online shop by consumers and contractors. A consumer is any physical entity who concludes a legal transaction for purposes which are generally not associated with their commercial or independent professional activity. A contractor is a physical or legal entity or a legally responsible partnership which acts in accordance with its commercial or independent professional activity when concluding a legal transaction. These GTC also apply to contractors for future business relationships without further reference having to be made to them. The validity of any conflicting or additional General Terms and Conditions used by the contractor is contradicted by the above; they will only form part of the contract subject to our specific agreement.
2. Contracting partner, Conclusion of the contract
The purchase contract is concluded with bau-shop-24 GmbH. When products are made available in the online shop, we will provide a binding offer for the conclusion of the contract for these items. You can initially place our products in the shopping basket without obligation and correct your details at any time before placing your binding order using the proofing tools provided and explained in the order process. The contract will be concluded when you accept the goods contained in the shopping basket by clicking on the order button for the offer. As soon as the order has been sent, you will receive another email confirmation. A binding contract can also be concluded beforehand as follows: If you have chosen to pay by credit card, the contract will be concluded when the card is debited. If you have chosen to pay by PayPal, the contract will be concluded upon confirmation of the payment instruction to PayPal. The languages available for the conclusion of the contract are German and English. We do not save the wording of the contract.
3. Delivery conditions
Shipment costs are applied in addition to the published product prices. Further details on the shipment costs can be obtained when the order is placed. You have the option of collecting items from the bau-shop-24 GmbH, Fritz-Müller-Str. 119, 73730 Esslingen, Germany during the following hours of business: Monday to Thursday between 8 a.m. and 1 p.m. and between 2 p.m. and 5 p.m. and Friday between 8 a.m. and 1 p.m. and between 2 p.m. and 3.30 p.m. except bank holidays. Please contact us at the latest one working day before collection so that we can make your goods available in our warehouse. We will only accept cash payments in this case and not debit cards.
4. Payment
You can use the following payment methods in our shop:
Advance payment.
If you choose the advance payment method, we will provide you with our bank details in the order confirmation and will deliver the goods upon receipt of payment.
Credit cards.
Your credit card will be debited upon confirmation of the order.
PayPal.
You will pay the invoice amount via the online PayPal service. You will need to be registered with PayPal or sign up, authorise with your login details and confirm the payment instruction to us. Further information will be provided during the order transaction.
Cash payment on collection.
You can pay for your goods in cash at the time of collection.
Purchase on account via PayPal.
If you choose the purchase on account method via PayPal, which we offer subject to creditworthiness, we will complete the purchase on account via our external payment service provider PayPal, a service offered by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. This is subject to all prior invoices having been paid. The payment must be made within 14 days following receipt of the invoice without deductions. Good are invoiced upon delivery. If you choose the purchase on account method via PayPal, you will be directed to the PayPal page as soon as you have completed your order. You will be able to consult the applicable terms of use and data protection regulations applied by PayPal on this page. Once the address and creditworthiness checks are complete, the payment will be processed via PayPal, to whom we assign all our claims. In this case you can only make payments to PayPal to discharge debts. If payments are made via PayPal, we remain responsible for general customer requests (e.g. relating to goods, delivery times, shipment), returns, complaints, cancellation notices and consignments or for your claims for reimbursement of payments made.
5. Reservation of ownership
The goods remain our property until the payment has been made in full. The following applies in addition to contractors: We will reserve ownership of the goods until all claims stemming from an on-going business relationship have been settled in full. You may resell reserved goods as part of normal business; any claims arising from a resale (irrespective of whether the reserved goods are connected to or combined with a new product) will be assigned to us in advance for the amount of the invoice and we will accept this assignment. You will remain authorised to recover the claims, but we may also recover claims if you fail to honour your payment obligations.
6. Transport damage
If goods are delivered with obvious transport damage, we would ask that you issue a compliant with the delivery company as soon as possible and contact us immediately. Failure to issue a compliant or establish contact will not have any consequences in terms of your legal claims or their execution and in particular your warranty rights. This will help us, however, to issue our own claims with the freight forwarder or transport insurance company.
7. Warranty and guarantees
Statutory warranty rights apply unless it is specifically agreed otherwise below. For consumers, the limitation period for claims for defects in used goods amounts to one year from delivery of the goods. For contractors, the limitation period for claims for defects amounts to one year from passing of the risk; the statutory limitation periods for recourse action according to § 478 BGB remain unaffected. As far as contractors are concerned, only our details and the manufacturer’s product descriptions included in the contract will apply for agreements concerning the condition of the goods; we do not accept any liability for public statements made by the manufacturer or other advertising statements. If the delivered product is faulty, we will initially honour our guarantee towards the contractor at our discretion either by repairing the fault (rectification) or by delivering a fault-free product (replacement). These limitations and reductions of deadlines do not apply to claims stemming from damage caused by us, our legal representatives or assistants, in the case of injury to life, limb and health, intentional or grossly negligent breach of duty and malice, the violation of essential contractual obligations, whose fulfilment allows for the proper implementation of the contract and on whose regular fulfilment the contracting partner should be able to rely (cardinal duties) within the framework of a guarantee promise, if agreed insofar as the scope of application of the product liability law has been initiated. Information on any additional applicable guarantees and their precise terms can be found in the section entitled Terms of Guarantee
8. Liability
For claims stemming from damage caused by us, our legal representatives or assistants, we accept unlimited liability in the case of injury to life, limb and health, intentional or grossly negligent breach of duty in the case of guarantee commitments, if agreed insofar as the scope of application of the product liability law has been initiated. In the case of the violation of essential contractual obligations, whose fulfilment allows for the proper implementation of the contract and on whose regular fulfilment the contracting partner should be able to rely (cardinal duties) due to slight negligence on our part, our legal representatives or assistants, the level of liability is limited to the damage that would typically have been foreseen upon conclusion of the contract. All other claims for damages will be excluded
9. Online dispute resolution
Online Dispute Resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for Online Dispute Resolution (ODR) which can be found at http://ec.europa.eu/consumers/odr/.
10. Concluding provisions
Contractors are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For businesspeople within the meaning of the Commercial Code, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes stemming from the legal relationships between us and them is our registered office.