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Conditions of Use
General Terms and Conditions of BHM-Maschinen für Unternehmen
§ 1 Scope of application
The General Terms and Conditions regulate the contractual relationship between BHM-Maschinen (hereinafter referred to as Seller) and the natural and legal persons who use the Internet offer or the Internet shop of BHM-Maschinen n (hereinafter referred to as Buyer). The following business and delivery conditions apply to all delivery transactions of the seller. Deviating provisions, in particular purchasing provisions of the Buyer, shall only become part of the contract if this has been expressly agreed in writing.
§ 2 Offer and conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer. All pictures are similar to the goods, deviations may exist. Written orders are legally binding for us. By sending the online order, the buyer makes a binding declaration to the seller that he wishes to purchase the goods in the shopping cart. Immediately after receipt of the order, through a written order confirmation or sending of the invoice, the contract is concluded.
§ 3 Duty to inform
The buyer is obliged to provide truthful information (name, address, e-mail address, etc.) when ordering. If the buyer fails to provide this information or provides false data from the outset, the seller can withdraw from the contract, if a contract has been concluded. The resignation is explained in writing. The written form is also maintained by sending an e-mail.
$ 4 Terms of payment and prices
The prices refer to the respective articles in Euro according to description, plus the value added tax valid at that time. All prices are subject to change. Payment shall be made by cash in advance or by agreement on account 14 days after receipt of the goods. 3 days after receipt of payment the delivery will be made. For exclusively insured shipping, the shipping costs are calculated up to the following item prices:
* For shipments abroad, depending on the country and agreement
§ 5 Retention of title
The purchased item remains the property of BHM-Maschinen until the full purchase price has been paid.
§ 6 Delivery
We shall not be liable for compliance with delivery dates unless we have confirmed such a date in writing. Unless otherwise agreed or otherwise indicated on the article, we deliver - provided that stock is available - within 3 working days after receipt of your payment. Information about the delivery date is not binding. If the standard delivery time cannot be met, we will inform you by e-mail. We try to keep the delivery time as short as possible. We are entitled to exceed agreed delivery times and to rename them. If circumstances occur for which we are not responsible, in particular force majeure, we are free to postpone delivery for the period of the hindrance or to cancel the contracts in whole or in part. A causal connection need not be proven. After dispatch of the goods to the buyer, at the latest when the goods leave the factory/warehouse, the risk of accidental loss or accidental deterioration of the goods passes to the buyer. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 7 Liability and granting
The limitation period for legal claims for defects is 12 months for traders and begins with the date of delivery, i.e. receipt of the item by the buyer.
The warranty is subject to the statutory provisions, whereby in the event of a defect in the goods, we are entitled to repair or replace the goods at your discretion.
If the repair finally fails or if the subsequently delivered goods are also defective, you can demand return of the goods against reimbursement of the agreed price or reduction of the purchase price. Information about possible manufacturer warranties can be found in the more precise product documentation. Damage due to improper use or natural wear and tear shall be borne by the buyer.
§ 8 Final provisions
This contract and the entire legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation. Changes and amendments to this contract must be made in writing. This also applies to changes to this written form clause.
Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
General Terms and Conditions of BHM-Maschinen for private individuals
§1 Validity towards entrepreneurs and definitions of terms
(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations concerning the conclusion of the contract apply to orders placed via our internet shop BHM-Maschinen
(2) In the event of a contract being concluded, the contract shall be concluded with BHM-Maschinen.
(3) The presentation of the goods in our internet shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our internet shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in our Internet shop.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the "Order" buttons
3) Check the information in the shopping cart
4) Press the button "to checkout
5) Login to the Internet shop after registration and entering the login details (e-mail address and password).
6) Re-examination or correction of the respective entered data.
7) Binding dispatch of the order by clicking the button "order with costs" or "buy".
Before the binding sending of the order, the consumer can return to the website where the customer's details are recorded and input errors are corrected or the order process is cancelled by closing the Internet browser by pressing the "Back" button in the Internet browser used by him after checking his details. We will immediately confirm receipt of the order by an automatically generated e-mail ("order confirmation"). With this we accept your offer.
(5) Storage of the contract text for orders via our internet shop : We will send you the order data and our general terms and conditions by e-mail. You can also view the AGB at any time at http://bhm-maschinen.de/agb. Your order data are for security reasons no longer accessible via the Internet.
§3 Prices, shipping costs, payment, maturity
(1) The prices quoted include the statutory value added tax and other price components. Any shipping costs are added.
(2) The consumer has the possibility of payment in advance, PayPal .
(3) If the consumer has chosen payment in advance, he is obliged to pay the purchase price immediately after the conclusion of the contract.
(4) For private persons, 20% of the total amount is due upon return within 14 days.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 5 working days. In the case of payment in advance, the period for delivery begins on the day after the payment order is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period shall end on the next working day.
(2) The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods are handed over to the buyer, even in the case of mail order purchases.
§5 Retention of title
We reserve the right of ownership of the goods until the purchase price has been paid in full.
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§6 Right of withdrawal of the customer as a consumer:
Right of revocation for consumers
Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity:
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must
BHM Machines
Kevin Weidlich
At Loisachbogen 11
D-82515 Wolfratshausen
e-mail: service@bhm-maschinen.de
Phone: 08171 - 48170-06
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. 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 event will you be charged for this refund.
We may refuse to make any 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 immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
End of the revocation instruction
§8 Warranty
The statutory warranty regulations apply.
§9 Contract language
German is the sole contractual language.