Allgemeine Geschäftsbedingungen der BAUFIX GmbH

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General Terms and Conditions of BAUFIX GmbH

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

1. Scope

The following Terms and Conditions apply exclusively to the business relationship between BAUFIX GmbH within the context of online sales (hereinafter baufix-online.de) and the purchaser at the time of ordering. Any differing terms of the purchaser will not be recognized by baufix-online.de. No oral collateral agreements have been made.

2. Contract Conclusion/Order Quantities

a) At customer-friendly baufix-online.de, you can conveniently order online 24/7, even on weekends. You will receive confirmation of receipt of your order by email. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the 'Buy' / 'Order with Obligation to Pay' button, you submit a binding order for the goods in the shopping cart. Confirmation of your order and acceptance of it occurs immediately upon sending via automated email. With this email confirmation, the purchase contract is concluded. Prices are stated to the best of our knowledge. Should the website contain an obvious error, such as a typographical or spelling mistake, baufix-online.de is not bound by it. We reserve the right to charge the correct price. In this case, we will grant you an immediate right of withdrawal if you do not agree.

b) Orders are subject to the correct and timely availability of goods, provided the lack of availability is not due to circumstances for which baufix-online.de is responsible. If the goods are unavailable, you will be informed immediately and any payments already made will be refunded promptly. We reserve the right to deliver only household quantities to end consumers and retailers.

3. 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, 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, takes possession of the last item. To exercise your right of withdrawal, you must notify us

BAUFIX GmbH
Bernhard-Remmers-Strasse 13
49624 Löningen

Tel.: 05432 83 9410 Fax: 05432 4998
Internet: www.baufix-online.de
Email: info@baufix-online.de

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

To meet the withdrawal deadline, it is sufficient for you to send us notice of your exercise of the right of withdrawal before the withdrawal period expires.

b) Consequences of Withdrawal If you withdraw from this contract, we will reimburse you for all payments received from you, including delivery charges (except for additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we receive your notice of withdrawal. For this reimbursement, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise; you will not be charged any fees for this refund. We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period expires. You bear the direct cost of returning the goods (see 3c) Return Shipping Costs in the Event of Withdrawal). You will be required to pay for any diminished value of the goods only if this is due to handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

c) Return Shipping Costs in the Event of Withdrawal In the event of withdrawal under Section 3, you are responsible for bearing the direct costs of returning the goods. These depend on the total weight of the goods being returned. For shipments up to 65 kg, DHL shipping charges of up to approximately €15 apply. Please note that items weighing more than 65 kg should be sent as freight, and shipping costs for these are approximately €49. End of cancellation policy

4. Delivery

a) Orders and deliveries are generally only possible within Germany and Austria. If you require delivery to another country, we will try to help. Delivery time is 3-5 working days within Germany. The delivery time for Austria is 3-5 working days. The delivery period begins upon placing the order.

b) Upon delivery of the order, the risk for the goods, even in the case of partial deliveries, passes to the purchaser. Delivered goods must be accepted by the purchaser even in cases of insignificant defects, without prejudice to their warranty rights.

5. Warranty

In certain cases, there may be manufacturer warranties in addition to statutory rights. These will be described in the product description.

If delivered items have obvious material or manufacturing defects, including transport damage, please report such defects immediately to us or the delivery staff. Failure to do so has no effect on your statutory claims unless the purchaser is not a consumer. For all defects arising during the statutory warranty period, the statutory claims for subsequent performance, defect rectification/replacement, and – if the statutory conditions are met – additional claims for reduction or withdrawal as well as compensation, including reimbursement instead of fulfillment and your expenses, apply at your choice.

6. Prices

All prices are in EUROS, include the statutory VAT, and are subject to additional shipping costs. The price at the time of ordering applies.

7. Shipping Costs per Order

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

8. Payment

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

2. Purchase on account via BetterPayment By agreeing to a credit check, you expressly consent to us checking your creditworthiness. This consent is obtained so that during the order process, we show you only payment methods that you can use. For customers in Germany, this means we will transmit personal data (full name, customer number, billing address, and date of birth) to solvendi GmbH, Rheiner Landstrasse 195, 49076 Osnabrück for the credit check. solvendi GmbH will obtain credit information based, among other things, on scientific and automated mathematical-statistical methods using address data, especially from the following 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, in writing or by email to kundenservice@baufix-online.de. You can also request information about your stored data from us, solvendi GmbH, or Better Payment Germany GmbH, Rosenthaler Str. 34-35, 10178 Berlin.

If, after a credit check, the purchaser is permitted to purchase on account for certain offers, payment will be processed in cooperation with solvendi, BetterPayment, and possibly a factor to whom Baufix assigns its payment claim. The purchaser will be informed in advance and may only settle their payment obligation to the factor with debt-discharging effect. Baufix remains responsible for all general customer inquiries, (e.g., about goods, delivery time, shipping), returns, complaints, withdrawal statements and returns, or credit notes, even for purchase on account.

3. Direct debit purchase via BetterPayment By agreeing to a credit check, you expressly consent to us checking your creditworthiness. This consent is obtained so that only payment methods you can use are shown during the order process. For customers in Germany, this means we transmit personal data (full name, customer number, billing address, date of birth) to solvendi GmbH, Rheiner Landstrasse 195, 49076 Osnabrück for the credit check. solvendi GmbH obtains credit information using scientific, automated mathematical-statistical methods and address data, especially from: 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, in writing or by email to kundenservice@baufix-online.de. You can also request information about your stored data from us, from solvendi GmbH, or from Better Payment Germany GmbH, Rosenthaler Str. 34-35, 10178 Berlin.

If, after a credit check, the purchaser is permitted to pay by direct debit for certain offers, payment will be processed in cooperation with solvendi, BetterPayment, and possibly a factor to whom Baufix assigns its payment claim. The purchaser will be informed in advance and may only settle their payment obligation to the factor with debt-discharging effect. Baufix remains responsible for all general customer inquiries, (e.g., about goods, delivery time, dispatch), returns, complaints, withdrawal statements and returns, or credit notes, even for direct debit purchase.

By providing your checking account, you confirm that you are authorized for the bank withdrawal over this account and will ensure sufficient funds.

Chargebacks are costly for us. In the event of a chargeback (due to insufficient funds, closure of the account, or unauthorized objection by the account holder), you authorize us or our payment processor to submit the direct debit a second time for the respective payment due. In such cases, you are obliged to cover the costs resulting from the chargeback. Further claims remain reserved. You may provide proof that less or no costs were incurred due to the chargeback. Given the effort and cost of chargebacks, to avoid processing fees, Baufix asks that you do not object to a direct debit in the event of a withdrawal, cancellation of the purchase, return or complaint. In such cases, following agreement with us, the payment will be refunded by bank transfer or credit note.

9. Retention of Title; Offsetting, Right of Retention

1. The goods remain our property until full payment is received. The corresponding security rights are transferable to third parties. Exceptional dispositions, such as pledging or transfer by way of security, are not permitted. If the reserved goods are processed, combined, or mixed with other materials, we acquire joint ownership of the new products in proportion to the value of the reserved goods to that of the other materials. In the event of seizures of the reserved goods, you must inform us immediately and support us in securing our rights, as well as reimburse us for any costs incurred, particularly those resulting from opposition proceedings.

2. You are only entitled to offset if your counterclaims are legally established, undisputed, or acknowledged by us. Furthermore, you may only exercise a right of retention if and to the extent your counterclaim is based on the same contractual relationship.

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

10. Supplier Identification

BAUFIX GmbH
Bernhard-Remmers-Strasse 13
49624 Löningen
Registered in Löningen
Local Court Oldenburg
HRB 220902
VAT ID: DE 177 036 206
Managing Director: Thorsten Brak

11. Copyright/Image Rights

All depictions, photos, and texts on the BAUFIX homepage, including these Terms and Conditions, are protected by copyright. Any usage beyond typical online ordering, especially duplication or imitation, is not permitted without express prior consent from BAUFIX.

12. Data Processing

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

13. Amendments to the Terms and Conditions

baufix-online.de reserves the right to make changes to its website, policies, and terms and conditions at any time. Customer orders are governed by the Terms and Conditions in effect at the time of the order, unless a change is mandatory by law or official order. In this case, such changes also apply to orders previously placed by the customer.

14. Applicable Law/Jurisdiction

All disputes arising from or in connection with the business relationship are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If at the time an action is brought, the purchaser does not have a domicile or habitual residence in Germany, or these are unknown to baufix-online.de, and/or the purchaser is a business entity, Oldenburg is agreed as the place of jurisdiction.

15. Severability Clause

If any provision of these Terms and Conditions and/or the contract as amended by you becomes invalid, the validity of the remaining provisions will not be affected. The contract and these Terms and Conditions otherwise remain in effect for both parties.

16. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.

Date: 23.05.2018