Terms of service

Original document is in German,
English version servers only as a reference.

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you enter into with us as the supplier (Blank and Blank UG (limited liability)) via the website www.baumreute.de, unless the parties agree otherwise in writing. Any deviating or conflicting terms and conditions shall only be valid with our express consent.

(2) We offer our products for sale only to natural persons, legal entities or partnerships with legal capacity who, at the time of concluding the legal transaction, are acting in the course of their commercial or self-employed professional activities (business customers). Contracts with consumers are excluded.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods are set out in the relevant offer.

(2) By listing the relevant product on our website, we are making you a binding offer to conclude a contract via the online shopping basket system on the terms set out in the relevant offer.

(3) The contract is concluded via the online shopping basket system as follows: The goods you intend to purchase are placed in the ‘shopping basket’. You can access the “Shopping Basket” via the relevant button in the navigation bar and make changes there at any time. After proceeding to the “Checkout” page and entering your personal details as well as the payment and delivery terms, the order details will finally be displayed to you as an order summary. If you choose an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the relevant instant payment system, you must make the appropriate selection or enter your details there. Finally, the order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online shop.

(4) You may also submit a binding offer to enter into a contract (order) by telephone, email, fax or post. If the order is placed by telephone, the offer is accepted (and the contract is thereby concluded) immediately, or at the latest within 5 days, by means of a written confirmation (e.g. email) in which the fulfilment of the order or delivery of the goods is confirmed (Order Confirmation). Should you not have received such a message within this period, you are no longer bound by your order. In this case, any payments already made will be refunded without delay.

(5) Upon request, we will draw up a personalised quotation for you, which will be sent to you in writing and to which we are bound for 5 days (unless a different period is specified in the relevant quotation). You accept the quotation by confirming it in writing.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.

§ 3 Preise, Zahlungsbedingungen und Versandkosten

(1) Die in den jeweiligen Angeboten angegebenen Preise sowie die Versandkosten sind Nettopreise. Sie enthalten keine gesetzliche Mehrwertsteuer.

(2) Die anfallenden Versandkosten sind nicht im Kaufpreis enthalten, sondern werden gesondert berechnet, sofern keine versandkostenfreie Lieferung zugesagt wurde. Nähere Einzelheiten finden Sie unter einer entsprechend gekennzeichneten Schaltfläche auf unserer Website oder im jeweiligen Angebot.

(3) Erfolgt die Lieferung in Länder außerhalb der Europäischen Union, können weitere Kosten anfallen, die nicht von uns zu vertreten sind, wie z. B. Zölle, Steuern oder Geldüberweisungsgebühren (Überweisungs- oder Wechselkursgebühren der Kreditinstitute), die von Ihnen zu tragen sind.

(4) Entstandene Kosten der Geldüberweisung (Überweisungs- oder Wechselkursgebühren der Kreditinstitute) sind von Ihnen in den Fällen zu tragen, in denen die Lieferung in einen EU-Mitgliedstaat erfolgt, die Zahlung jedoch außerhalb der Europäischen Union veranlasst wurde.

(5) Ihnen stehen die Zahlungsmöglichkeiten zur Verfügung, die unter einer entsprechend gekennzeichneten Schaltfläche auf unserer Website oder im jeweiligen Angebot aufgeführt sind. Sofern bei den einzelnen Zahlungsarten oder auf der Rechnung keine andere Zahlungsfrist angegeben ist, sind die Zahlungsansprüche aus dem abgeschlossenen Vertrag sofort fällig. Der Abzug von Skonti ist nur zulässig, sofern dies im jeweiligen Angebot oder in der Rechnung ausdrücklich angegeben ist.

§ 4 Terms of Delivery

(1) The estimated delivery time is stated in the relevant quotation. Delivery dates and delivery periods are only binding if we have confirmed them in writing. If payment is made in advance by bank transfer, the goods will only be dispatched once we have received the full purchase price and the delivery charges.

(2) Should a product you have ordered, contrary to expectations and despite the timely conclusion of an adequate covering transaction, be unavailable for reasons beyond our control, you will be informed immediately of the unavailability and, in the event of cancellation, any payments already made will be refunded without delay.

(3) Goods are dispatched at your risk. If you wish, the goods will be dispatched with appropriate transport insurance, in which case you shall bear the resulting costs.

(4) Partial deliveries are permitted and may be invoiced by us separately, provided that this does not result in additional delivery costs for you.

§ 5 Warranty

(1) The warranty period is one year from the date of delivery of the goods. The reduction in the warranty period shall not apply:

- to damage attributable to us arising from injury to life, limb or health, or to other damage caused intentionally or through gross negligence;

- where we have fraudulently concealed the defect or have given a guarantee as to the quality of the goods;

- in the case of goods which, in accordance with their normal use, have been used in a building and have caused its defectiveness;

- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

(2) Only our own specifications and the manufacturer’s product description shall be deemed to have been agreed as the quality of the goods; other advertising, public promotions and statements by the manufacturer shall not be deemed to have been agreed.

(3) In the event of defects, we shall, at our discretion, fulfil our warranty obligations by either rectifying the defect or supplying a replacement. If the rectification of the defect fails, you may, at your discretion, claim a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the event of rectification, we shall not be required to bear any additional costs arising from the goods being moved to a location other than the place of performance, provided that such movement does not correspond to the intended use of the goods.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention in so far as it relates to claims arising from the same contractual relationship.

(2) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.

(3) You may resell the goods in the ordinary course of business. In such cases, you hereby assign to us all claims arising from the resale, up to the amount of the invoice; we accept this assignment. You remain authorised to collect the claim. However, should you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

(4) Where the goods subject to retention of title are combined or mixed with other items, we shall acquire co-ownership of the new item in the proportion of the invoice value of the goods subject to retention of title to the value of the other items processed at the time of processing.

(5) We undertake to release the security to which you are entitled at your request to the extent that the realisable value of our security exceeds the claim to be secured by more than 10%. The choice of which security is to be released shall be at our discretion.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and place of jurisdiction shall be our registered office, provided that you are a trader, a legal person under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU.

II. Customer Information

1. Identity of the Supplier

Blank and Blank UG (limited liability)

Baumreute 102

70199 Stuttgart

Germany

Telephone: +497116408004

Email: info@baumreute.com

2. Information on the conclusion of the contract

The technical steps involved in concluding the contract, the conclusion of the contract itself, and the options for making corrections are governed by Section 2 of our General Terms and Conditions (Part I).

3. Language of the contract, storage of the contract text

3.1. The language of the contract is German.

3.2. We do not store the full text of the contract. Before submitting the order or enquiry, the contract details can be printed using the browser’s print function or saved electronically. These General Terms and Conditions and customer information have been drawn up by Händlerbund’s lawyers specialising in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and accepts liability in the event of formal warnings. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.