Allgemeine Geschäftsbedingungen der BAUFIX GmbH

Note: The following General Terms and Conditions apply to all BAUFIX products.

1. Scope

For the business relationship between BAUFIX GmbH in the context of online sales, hereinafter referred to as baufix-online.de, and the customer, only the following General Terms and Conditions in their current version shall apply to orders. baufix-online.de does not recognize any terms and conditions of the customer that deviate from these. No verbal side agreements have been made.

2. Conclusion of contract / Order quantities

a) At customer-friendly baufix-online.de you can conveniently place orders online around the clock, including at weekends. Receipt of your order is confirmed by e-mail. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the “Buy” / “Order with obligation to pay” button, you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent together with acceptance of the order immediately after it has been submitted, by automated e-mail. The purchase contract is concluded with this e-mail confirmation. All prices are quoted to the best of our knowledge. Should the baufix-online.de website nevertheless contain an obvious error, such as a spelling or pricing error, baufix-online.de is not bound by this incorrect information. We reserve the right to charge the correct price. In this case, we grant you an immediate right of withdrawal if you do not agree.

b) The order is subject to correct and timely availability of goods, provided that the lack of availability is due to a failure of supply for which baufix-online.de is not responsible. In the event that the goods are not available, you will be informed without delay and any consideration already provided will be refunded immediately. We reserve the right to supply end consumers and resellers only in quantities customary for a household.

3. Information on the right of withdrawal (applies to consumers only)

a) Right of withdrawal If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last item of goods. To exercise your right of withdrawal, you must inform us

BAUFIX GmbH
Bernhard-Remmers-Straße 13
49624 Löningen

Tel.: +49 (0)5432 83 9410 Fax: +49 (0)5432 4998
Internet: www.baufix-online.de
E-mail: info@baufix-online.de

of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, which is, however, not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

b) Consequences of withdrawal If you withdraw from this contract, we must refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods (see 3c) Costs of return in the event of withdrawal). You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.

c) Costs of return in the event of withdrawal In the event of withdrawal pursuant to Section 3, you shall bear the direct costs of returning the goods. These depend on the total weight of the goods to be returned. For shipments up to 65 kg, shipping costs via DHL of up to approx. €15 will be incurred. Please note that a total weight of more than 65 kg should be shipped as bulky freight and the shipping costs for this are approx. €49. End of information on the right of withdrawal

4. Delivery

a) Orders and deliveries are generally only possible within Germany and Austria. If you would like delivery to another country, we will be happy to try to help you. The delivery time within Germany is 3–5 working days. The delivery time for Austria is 3–5 working days. The delivery period begins with the order.

b) Upon delivery of the order, the risk for the ordered goods passes to the customer, including in the case of partial deliveries. The customer must accept the goods delivered, even if they have minor defects, without prejudice to his or her warranty rights.

5. Warranty

In individual cases, there are manufacturer’s guarantees that go beyond statutory warranty claims. These are set out in the product description.

If delivered items have obvious material or manufacturing defects, including transport damage, please report such defects to us or to the employee of the company that delivers the items immediately. Failure to make such a complaint has no consequences for your statutory claims, unless the customer is not a consumer. For all defects in the purchased item that occur during the statutory warranty period, the statutory claims for subsequent performance, for rectification of defects/replacement delivery and – if the statutory requirements are met – the further claims for reduction of the purchase price or withdrawal from the contract as well as, in addition, for damages, including compensation for damage instead of performance and reimbursement of your futile expenses, shall apply at your discretion.

6. Prices

All prices are in EURO, include statutory VAT and are exclusive of any shipping costs incurred. The price valid at the time of the order shall apply.

7. Shipping costs per order

At baufix-online.de you generally pay a flat-rate shipping fee of €5.95 within Germany, regardless of the order value. The flat-rate shipping fee for Austria is €6.95. This only partially covers the costs of postage, freight and packaging; BAUFIX covers the remainder. If, for technical or logistical reasons, shipment is made in several stages, we will of course only charge the shipping fee once.

8. Payment

1. Payment for the goods is made by credit card, PayPal, purchase on account or SEPA direct debit.

2. Purchase on account via BetterPayment By agreeing to a credit check, you give us your express consent to check your creditworthiness. This consent is obtained so that we can show you only those payment methods during the ordering process that you can actually use. For customers from Germany, this means that we transmit personal data (first and last name, customer number, billing address and date of birth) to solvendi GmbH, Rheiner Landstraße 195, 49076 Osnabrück, for the purpose of a credit check. solvendi GmbH obtains credit information for this purpose, among other things, on the basis of scientifically recognized and automated mathematical-statistical procedures using address data, in particular from the following service providers: Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss; Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg.

You may revoke your consent at any time with effect for the future by notifying us in writing or in text form at kundenservice@baufix-online.de. You can also obtain information about your stored data from us, from solvendi GmbH and from Better Payment Germany GmbH, Rosenthaler Str. 34–35, 10178 Berlin.

If, after checking creditworthiness, the customer is permitted to purchase on account for certain offers, payment processing will be carried out in cooperation with solvendi and BetterPayment and, if applicable, a factor to whom Baufix assigns its payment claim. The customer will be informed in good time and, in this case, can make payment with debt-discharging effect only to the factor. Even in the case of purchase on account, Baufix remains responsible for general customer inquiries (e.g. regarding goods, delivery time, shipping), returns, complaints, declarations of withdrawal and returns or credit notes.

3. Purchase by SEPA direct debit via BetterPayment By agreeing to a credit check, you give us your express consent to check your creditworthiness. This consent is obtained so that we can show you only those payment methods during the ordering process that you can actually use. For customers from Germany, this means that we transmit personal data (first and last name, customer number, billing address and date of birth) to solvendi GmbH, Rheiner Landstraße 195, 49076 Osnabrück, for the purpose of a credit check. solvendi GmbH obtains credit information for this purpose, among other things, on the basis of scientifically recognized and automated mathematical-statistical procedures using address data, in particular from the following service providers: Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss; Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg.

If, after checking creditworthiness, the customer is permitted to purchase by SEPA direct debit for certain offers, payment processing will be carried out in cooperation with solvendi and BetterPayment and, if applicable, a factor to whom Baufix assigns its payment claim. The customer will be informed in good time and, in this case, can make payment with debt-discharging effect only to the factor. Even in the case of purchase by SEPA direct debit, Baufix remains responsible for general customer inquiries (e.g. regarding goods, delivery time, shipping), returns, complaints, declarations of withdrawal and returns or credit notes.

By providing the current account details, you confirm that you are authorized to allow direct debits to be made from the respective current account and that you will ensure sufficient funds.

Returned direct debits involve considerable effort and costs for us. In the event of a returned direct debit (due to insufficient funds in the current account, closure of the current account or an unauthorized objection by the account holder), you authorize us and/or our payment processor to resubmit the direct debit for the respective due payment obligation. In such a case, you are obliged to pay the costs incurred as a result of the returned direct debit. We reserve the right to assert further claims. You will be given the opportunity to prove that lower or no costs were incurred as a result of the returned direct debit. In view of the effort and costs of returned direct debits and in order to avoid the processing fee, Baufix asks you, in the event of a withdrawal or cancellation of the purchase contract, a return or a complaint, not to object to the direct debit. In such a case, after consultation with us, the payment will be reversed by transferring the corresponding amount back to you or by issuing a credit note.

9. Retention of title; set-off, right of retention

1. The goods remain our property until payment has been made in full. The corresponding security rights are transferable to third parties. Extraordinary dispositions, such as pledging or transfer of ownership by way of security, are not permitted. In the event of processing, mixing or combining the goods subject to retention of title with other materials, we acquire co-ownership of the products thus created in proportion to the value of the goods subject to retention of title to that of the other materials. In the event of seizure of the goods subject to retention of title, you must inform us immediately and assist us in safeguarding our rights and reimburse us for all costs incurred in this connection, in particular those arising from objection proceedings.

2. You are only entitled to set off claims if your counterclaims have been legally established, are undisputed by us or have been acknowledged by us. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

3. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

10. Provider identification

BAUFIX GmbH
Bernhard-Remmers-Straße 13
49624 Löningen
Registered office: Löningen
Local court of Oldenburg
Commercial Register No. HRB 220902
VAT ID: DE 177 036 206
Managing Director: Thorsten Brak

11. Copyright / image rights

All depictions, images and texts on the BAUFIX homepage, including the above General Terms and Conditions, are protected by copyright. Any use beyond the intended use within the scope of online ordering, in particular reproduction, imitation, etc., is prohibited without the express prior consent of BAUFIX.

12. Data processing

In connection with processing the order, we store personal data within the meaning of the new German Federal Data Protection Act (BDSG-neu) and the European General Data Protection Regulation (GDPR) and use it exclusively for legitimate business purposes.

13. Amendments to the General Terms and Conditions

baufix-online.de reserves the right to make changes to its website, policies, terms and conditions, including these General Terms and Conditions, at any time. Customer orders are subject to the General Terms and Conditions that are valid at the time of the order, unless a change to these terms is required by law or by official order. In the latter case, these changes will also apply to orders previously placed by the customer.

14. Applicable law / place of jurisdiction

All disagreements and legal disputes arising in connection with the business relationship shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If, at the time the action is brought, the customer has no place of residence or habitual abode in Germany or if these are not known to baufix-online.de, and/or if the customer is an entrepreneur, Oldenburg shall be the agreed place of jurisdiction.

15. Severability clause

If individual provisions of these General Terms and Conditions and/or of the contract supplemented by you are or become invalid, this shall not affect the validity of the remaining provisions, and the contract and these General Terms and Conditions shall remain effective for both parties in all other respects.

16. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 23/05/2018