General terms and conditions of business

General Terms and Conditions of BAUFIX GmbH

Note: The following general terms and conditions apply to all BAUFIX articles.

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, the following general terms and conditions in their current version apply exclusively when ordering. baufix-online.de does not recognize any deviating conditions of the customer. No verbal side agreements have been made.

2. Conclusion of contract/delivery quantities

a) At the customer-friendly baufix-online.de you can conveniently order online around the clock, even on weekends. Receipt of your order will be confirmed by email. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the "Buy" / "order with payment" button you place a binding order for the goods in the shopping cart. Confirmation of receipt of your order will be sent together with acceptance of the order immediately after sending by automated email. This email confirmation concludes the purchase contract. Prices are given to the best of our knowledge. Should the baufix-online.de website nevertheless contain an obvious error, such as a spelling or legal 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 with this.

b) The order is subject to the correct and timely availability of the goods, provided that the lack of availability of the goods is due to a non-delivery for which baufix-online.de is not responsible. If the goods are not available, you will be informed immediately and any payments already made will be refunded immediately. We reserve the right to only deliver to end users and resellers in quantities that are normal for household use.

3. Cancellation policy (only applies to consumers)

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 cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of cancellation, you must notify us

BAUFIX GmbH
Bernhard-Remmers-Straße 13
49624 Löningen

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

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

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

b) Consequences of cancellation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to 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 promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods (see 3c) Costs of return in the event of cancellation). You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

c) Costs of return in the event of cancellation In the event of cancellation in accordance with section 3, you must bear the direct costs of return. These depend on the total weight of the goods to be returned. For shipments up to 65 kg, shipping costs of up to approx. €15 apply via DHL. Please note that a total weight of over 65 kg should be sent as general cargo and the shipping costs for this are approx. €49. End of the cancellation policy

4th delivery

a) Orders and deliveries are generally only possible within Germany and Austria. If you would like a delivery to another country, we will be happy to help you. The delivery time is 2-4 working days within Germany. The delivery time for Austria is 2-4 working days. The delivery period begins with the order.

b) Upon delivery of the order, the risk for the ordered goods, including partial deliveries, passes to the customer. The delivered goods must be accepted by the customer even in cases of minor defects, without prejudice to his warranty rights.

5. Warranty

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

If delivered items have obvious material or manufacturing defects, including transport damage, please complain about such defects immediately to us or to the employee of the company that delivered the items. Failure to make this complaint has no consequences for your legal claims, unless the purchaser is not a consumer. For all defects in the purchased item that occur during the statutory warranty period, you have the option of the statutory claims for subsequent performance, for remedy of the defect/new delivery and - if the statutory requirements are met - the further claims for reduction or withdrawal as well as for damages, including compensation for the damage instead of performance and compensation for your wasted expenses.

6. Prices

All prices are in EURO, include VAT and are exclusive of any shipping costs. The price at the time of the order applies.

7. Shipping costs per order

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

8th payment

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

2. Purchase on account using BetterPayment By agreeing to the credit check, you give us your express consent to check your creditworthiness. This consent is obtained for the purpose of being able to show you only the payment methods that you can use during the ordering process. For customers from Germany, this means that we transmit your personal data (first and last name, customer number, billing address and date of birth) to solvendi GmbH, Rheiner Landstrasse 195, 49076 Osnabrück, for the credit check. For this purpose, solvendi GmbH obtains, among other things, creditworthiness information based on 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 can revoke your consent at any time with future effect by sending a written notice to us or in text form to kundenservice@baufix-online.de . You can also obtain information about your stored data from us, solvendi GmbH and Better Payment Germany GmbH, Rosenthaler Str. 34-35, 10178 Berlin.

If the customer is permitted to purchase on account for certain offers after checking their creditworthiness, the payment is processed in cooperation with solvendi and BetterPayment and, if necessary, a factor to whom Baufix assigns its payment claim. The customer is informed in good time and in this case can only pay to the factor with a debt-discharging effect. Even when purchasing on account, Baufix remains responsible for general customer inquiries (e.g. about the goods, delivery time, shipping), returns, complaints, declarations of revocation and sending or credit notes.

3. Purchase by direct debit using BetterPayment By agreeing to the credit check, you give us your express consent to check your creditworthiness. This consent is obtained for the purpose of being able to show you only the payment methods that you can use during the ordering process. For customers from Germany, this means that we transmit your personal data (first and last name, customer number, billing address and date of birth) to solvendi GmbH, Rheiner Landstrasse 195, 49076 Osnabrück, for the credit check. For this purpose, solvendi GmbH obtains, among other things, creditworthiness information based on 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 the customer is permitted to purchase by direct debit for certain offers after checking their creditworthiness, the payment is processed in cooperation with solvendi and BetterPayment and, if necessary, a factor to whom Baufix assigns its payment claim. The customer is informed in good time and in this case can only pay to the factor with a debt-discharging effect. Even when purchasing by direct debit, Baufix remains responsible for general customer inquiries (e.g. about the goods, delivery time, shipping), returns, complaints, declarations of revocation and remittances or credit notes.

By providing your current account details, you confirm that you are authorized to make direct debits from the relevant current account and that you will ensure that there are sufficient funds available.

Direct debits are associated with a high level of effort and expense for us. In the event of a direct debit being returned (due to insufficient funds in the checking account, the current account being closed or an unjustified objection by the account holder), you authorize us or our payment processor to submit the direct debit for the respective payment obligation due once again. In such a case, you are obliged to pay the costs incurred by the direct debit being returned. We reserve the right to make further claims. You will be given the opportunity to provide evidence that the direct debit being returned resulted in lower costs or no costs at all. In view of the effort and costs of direct debit returns and in order to avoid the processing fee, Baufix asks you not to object to the direct debit in the event of a cancellation or withdrawal from the purchase contract, a return or a complaint. In such a case, the payment will be reversed after consultation with us by transferring the corresponding amount back or by crediting you.

9. Retention of title; offsetting, right of retention

1. The goods remain our property until full payment has been made. The corresponding security rights can be transferred to third parties. Extraordinary dispositions such as pledging or transfer of ownership by way of security are not permitted. In the event of the processing, mixing or combination of the reserved goods with other material, we acquire co-ownership of the products created in this way in proportion to the value of the reserved goods to that of the other material. In the event of the reserved goods being seized, you must inform us immediately and support us in securing our rights and reimburse us for all costs incurred in this regard, in particular those in connection with an objection process.

2. You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you 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 defaults on any payment obligations to us, all existing claims shall become due immediately.

10. Provider identification

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

11. Copyrights/Image Rights

All representations, 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 the online order, in particular reproduction, imitation, etc., is prohibited without the express prior consent of BAUFIX.

12. Data processing

In connection with the processing of the order, we store personal data in accordance with the Federal Data Protection Act (new) and the European General Data Protection Regulation (GDPR) and use it exclusively in the business interest.

13. Changes to the General Terms and Conditions

baufix-online.de reserves the right to make changes to its website, rules 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 conditions is required by law or by official order. In the latter case, these changes also apply to orders that were previously placed by the customer.

14. Applicable law/place of jurisdiction

All differences of opinion and legal disputes arising in connection with the business relationship are subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods. In the event that the customer does not have a residence or habitual abode in Germany when the action is brought, or these are not known to baufix-online.de, and/or the customer is an entrepreneur, Oldenburg is agreed as the place of jurisdiction.

15. Severability Clause

If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, this shall not affect the validity of the other provisions and the contract and these General Terms and Conditions shall otherwise remain valid for both parties.

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 a dispute resolution procedure before a consumer arbitration board.

Status: 23.05.2018