General Terms and Conditions and Customer Information
A. General Terms and Conditions
1 Applicability
1.1 The following terms and conditions of the Bielmeier Household Appliances Ltd. (hereinafter called “seller”) apply for all contracts that a consumer or corporate customer (hereinafter called “customer”) concludes with the seller regarding the merchandise and/or services presented by the seller in its online shop. The inclusion of the customer’s own conditions is hereby excluded, unless other terms have been stipulated.
1.2 For the purposes of these general terms and conditions, a consumer is defined as any individual who concludes a legal transaction with an object that can be ascribed to neither his/her commercial nor to his/her free-lance activity. A corporate customer, within the scope of these general terms and conditions, is defined as any natural or legal entity or a business partnership with legal status, which acts in fulfilment of his/her/its commercial or free-lance activities when concluding the contract.
2 Conclusion of the Contract
2.1 The product descriptions contained in the seller’s online shops do not represent binding offers, but rather function as an invitation to submit binding orders by the customer.
2.2 The customer can place an order by phone, in writing, by fax, by email or via the online order form integrated in the seller’s online shop. When ordering via the online order form, after the input of the personal data and upon clicking the “submit order” button in the final step of the order process, the customer submits a binding order for the goods contained in the shopping cart.
2.3 The seller can accept the customer’s order by transmitting a written (letter) or electronic (fax or email) order confirmation or through the delivery of merchandise within five days. The seller is entitled to decline the order.
2.4 Order processing and establishing contact in general takes place via e-mail and automated order processing. The customer must ensure that the email address he/she indicates for the purchase processing is correct, so that the emails sent by the seller can be received at this address. In particular, in the case of application of SPAM filters, the customer must ensure that all mails sent by the seller or its purchase processing service providers for the purchasing process can be received.
3 Return costs when exercising the right of withdrawal
If the customer has the right of withdrawal, when exercising this right, the customer must bear the costs of returning the goods if the price of the goods being returned does not exceed 40 Euros, or if the price is greater and the customer has not paid the full or a partial amount at the time of exercising the right of withdrawal, except when the goods delivered do not correspond to those ordered. In all other cases, the seller must bear the return shipping costs.
4 Prices and Terms of Payment
4.1 The prices quoted on our website are end prices, including value added tax based on the applicable German statutory rate. Costs of delivery, if applicable, are specially indicated next to the respective products in the order.
4.2 For delivery within Germany, the seller offers the following payment options, provided that it is not specified otherwise in the relevant product presentation.
- Pre-payment via bank transfer
- PayPal
- Instant bank transfer (www.sofortueberweisung.de)
- Credit card (Visa, MasterCard)
4.3 If shipping abroad is offered for a product, the customer has the following payment options for delivery abroad, provided that the product presentation does not say otherwise.
- Pre-payment via bank transfer
- PayPal
- Instant bank transfer (sofortüberweisung.de; only valid for orders from the following countries: Belgium, Germany, The Netherlands, Austria, Switzerland)
- Credit card (Visa, MasterCard)
4.4 If pre-payment via bank transfer is selected, the payment is due immediately upon conclusion of the contract.
4.5 If the credit card payment option is selected, the credit card account of the customer will be charged immediately upon acceptance by the seller, in accordance with section 2.3. of the General Terms and Conditions of the seller (see above).
5 Delivery and Shipping Conditions
5.1 The delivery of merchandise is carried out regularly on the dispatch route and to the delivery address indicated by the customer. The delivery address indicated during the purchasing process is applicable for the processing of the transaction. However, if the customer chooses the PayPal payment option, the shipping address given at the moment of paying at PayPal is applicable.
5.2 If delivery to the customer is not possible, the designated forwarding company will send the merchandise back to the seller, and the customer must bear the costs of the unsuccessful delivery. This does not apply if the customer exercises his/her right of withdrawal or if he/she was temporarily unable to accept the delivery, unless the seller has provided a suitable amount of advance notice before the time of delivery.
5.3 In principle, upon delivery the risk of incidental destruction or worsening of the merchandise sold is transferred to the customer or a person authorized to accept delivery. If the customer is a corporate customer, the risk of incidental destruction and worsening related to orders placed for delivery is transferred to an appropriate transport person when the merchandise is delivered to the business location of the seller.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or delayed delivery by the seller’s suppliers. This only applies if the seller cannot be held responsible for a possible wrong or non-delivery and if the seller has concluded a covering transaction with due care with the supplier. The seller shall make every reasonable effort to obtain the merchandise. If the merchandise is not available or only partially available, the customer will be notified immediately, and the payment will be refunded immediately.
6 Reservation of Title, Compensation, Right of Retention
6.1 For consumers, the seller reserves the title to the merchandise until complete payment of the delivered merchandise has been received.
6.2 For contracts with corporate customers, the seller retains the title to the delivered merchandise until the complete settlement of all outstanding bills of the current business relationship.
6.3 The customer is only entitled to compensation if the counterclaim is undisputed and regarded as legally effective or accepted by the seller.
6.4 The customer may exercise the right to retention only if the customer's claim is based on the same contractual relationship.
7 Liability for Defects
If the object purchased is defective, the statutory regulations apply. The following exceptions apply:
7.1 For corporate customers:
- in principle, a minor defect does not merit a warranty claim,
- the seller can choose the method of supplementary performance,
- the warranty period for defects is one year from the point of the transfer of risk for new merchandise.
- rights and claims due to defects are fundamentally excluded for used merchandise.
- the warranty period does not begin again if an item is replaced due to liability for defects.
7.2 For consumers the statute of limitation for warranty claims is
- two years from the point of delivery of the merchandise to the customer for new merchandise.
- one year from the point of delivery of the merchandise to the customer for used merchandise, with the limitation stipulated in section 7.3.
7.3 The following applies to corporate customers and consumers: the preceding liability and limitation period limitations in section 7.1 and section 7.2 do not refer to claims for damages and reimbursement that the customer can assert because of defects according to statutory regulations pursuant to section 8.
7.4 Furthermore, for corporate customers, the statutory limitation periods for contribution claims according to § 478 German Civil Code remain unaffected. The same applies to corporate customers and consumers for an intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer is a merchant in terms of § 1 German Commercial Code, the commercial duty to examine and notify lies with him/her in accordance with § 377 German Commercial Code. Should the customer neglect the disclosure duties stipulated therein, the merchandise is regarded as approved.
7.6 If the customer is a consumer, he/she is requested to complain about merchandise delivered with damage incurred during the transport to the deliverer and to inform the seller thereof. If the customer fails to do so, it has no effect on his or her statutory or contractual warranty claims.
7.7 If the supplementary performance has been carried out by way of a compensation delivery, the customer is obligated to return the previously delivered merchandise to the seller within 30 days at the customer’s expense. The return shipment of the defective merchandise must be carried out according to the statutory regulations.
8 Liability
8.1 The seller is liable without restriction independent of the legal grounds for the injury of life, body or health, for intent or gross negligence, for fraudulent intent and warranty pledge and if the liability results from mandatory legal regulations such as the Product Liability Act for instance.
8.2 Furthermore, the seller is liable as follows, irrespective of the legal grounds:
8.2.1 Provided that the seller has negligently breached an essential contractual obligation (so-called cardinal obligation), the duty of replacement for material damages is limited to the foreseeable, typically occurring average damages. Essential contractual obligations are obligations assigned to the seller by the contract for the achievement of the contractual intention, the fulfilment of which is required for the execution of the contract and the observance of which the customer can regularly rely on.
8.2.2 Provided that the seller has negligently breached an essential contractual obligation, the duty of replacement is limited to the order value.
9 Applicable Law
9.1 The laws of the Federal Republic of Germany apply for all legal relationships of the parties, excluding the laws governing the international sale of commodities. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory legal provisions of the law of the country or state in which the customer normally resides.
9.2 If the customer is a merchant, public entity or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is the seller's business location. The same applies if the customer does not have a general jurisdiction in Germany or the EU or if the general residence is unknown at the time of commencement of an action. The authority to also invoke the court of another legal jurisdiction remains unaffected hereof.
9.3 The contract language is German.
B. Customer Information
1 Seller Identification
BIELMEIER Hausgeräte GmbH
Gnaglbergstraße 6
94267 Prackenbach
Germany
Tel.: +49 (0) 9942 / 94 88 93-13
Fax.: +49 (0) 9942 / 94 88 93-22
Email: a.bielmeier@bielmeier-hausgeraete.de
www.bielmeier-hausgeraete.com
Managing Director: Willibald Bielmeier, Andrea Bielmeier
Regional Court: Deggendorf HRB 2274
Ust.-IdNr.: DE 813 103 259
WEEE-Reg.-Nr.: DE 30751975
2 Essential Characteristics of Goods or Services
The essential characteristics of the goods or services result from the respective product description posted on the online shop Bielmeier.
3 Conclusion of the Contract
The conclusion of the contract at the online shop Bielmeier occurs according to section 2 of the General Terms and Conditions of the seller (see above).
4 Payment and Delivery
The payment takes place according to section 4, and the delivery according to section 5 of the General Terms and Conditions of the seller (see above).
5 Technical Steps Leading to the Conclusion of a Contract
The conclusion of a contract takes place through offer and acceptance.
5.1 If the customer uses the online order form of the seller for his/her order, he/she submits an offer as follows:
5.1.1 On the page with the range of products of the seller, the customer first clicks on the “shopping cart” button, at which point a new page opens up that shows the content of the shopping cart.
5.1.2 Next, the customer clicks directly or directly after having put more items in the virtual shopping cart on the button “continue to the next step”. If the customer has not yet registered or signed in, a new page will open up. On this page, in an intermediate step, the customer has to either sign up for a new customer account, register for a guest order or sign in if he/she is already registered as a customer. If he/she is already registered as a customer, he/she needs to fill out the fields “email address” and “password” and then click the “sign in” button. If he/she has not yet registered as a customer, he/she chooses whether he/she wants to open up a customer account or simply place a guest order by clicking on the appropriate button. The customer then fills out the form and clicks the button “continue to the next step”. Then a new page opens up. On this page, the customer can choose the delivery and payment mode. The customer then clicks on the button “continue to the next step”.
5.1.3 Next, a new page opens up, which summarizes the order information.
5.1.4 In a final step, the customer clicks on “send order”.
5.2 The seller accepts the order in accordance with section 2.3. of the General Terms and Conditions of the seller (see above).
6 Saving the Contract Text
The contract text is saved by the seller and sent to the customer upon sending the order, in addition to the present AGB and customer information in text format (e.g. email, fax or letter). In addition, the contract text is archived on the seller’s internet site and can be accessed by the customer via the password-protected customer account by entering the corresponding login information free of charge, provided that the customer opened up a customer account in the online shop of the seller before sending his/her order.
7 Technical Means for Recognising and Correcting Input Errors
Before sending the binding order, the customer can check his/her data input via the common keyboard and mouse functions at any time. Furthermore, before sending the binding order, all information entered is shown again in a confirmation window and may be corrected there via the common keyboard and mouse functions.
9 Codes of Conduct to which the Seller is Committed
“The seller has pledged to meet the Trusted Shops quality criteria, which can be found at http://www.trustedshops.com
