General terms and conditions

Terms & Conditions (GTC)

Last update: March 2007 - Version: 1.01
§ 1. General Provisions and Scope
(1) Mr. Dirk Horch (hereinafter referred to as "Bauchladen Manufaktur") offers goods to its customers via the online marketplace for purchase. The following terms and conditions of sale apply to the entire online marketplace established business relationship between Bauchladen Manufaktur and the customer.

(2) For the purposes of these terms and conditions, customers are defined as both consumers and entrepreneurs. A consumer is any individual who engages in a business relationship and conducts a legal transaction not related to their commercial or independent professional activities. Conversely, an entrepreneur is any individual or legal entity, or a legally recognized partnership, that enters into a business relationship and conducts a legal transaction as part of their commercial or independent professional activities.

(3) The relationship between the contracting parties will be regulated by the laws in effect in the Federal Republic of Germany. For consumers, this choice of law is only applicable insofar as it does not deprive them of the protection afforded by the compulsory provisions of the law of the country where the consumer habitually resides.

(4) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (= UN Convention on Contracts for the International Sale of Goods) do not apply.
§ 2. Right of return and consequences
(1) Right of return
Cancellation

Withdrawal for Private Consumers

You have the right to cancel your contract within one month without providing any reason, either in writing (for example, via letter, fax, or email) or by returning the item before the deadline. To do this, please complete and return the attached form. The cancellation period starts upon receiving these instructions in text form, but not before the goods are delivered to you (in the case of repeated delivery of similar goods, not before the first installment is received) and also not before we meet our obligations under Section 312c (2) BGB in connection with Section 1 (1), (2), and (4) BGB-InfoV, as well as our duties under Section 312e (1) sentence 1 BGB in connection with Section 3 BGB-InfoV. To meet the cancellation deadline, it is sufficient to send the notice of cancellation or the goods back in a timely manner.

The revocation should be directed to the following: Goods should be returned to the address below:

Consequences of revocation

Upon a successful revocation, both parties are required to return the services received and any benefits gained (such as interest). If you cannot return the received service entirely or partially, or if it is returned in a deteriorated state, you may be liable to compensate us for the value. However, this does not apply if the goods' deterioration resulted solely from their inspection, as would have been possible in a store. You are not required to compensate for any deterioration resulting from the proper use of the goods.

Items eligible for parcel shipping must be returned at our risk in their original packaging or adequate packaging (following the delivery service's guidelines). You will bear the return costs unless it involves a warranty claim or damage caused by the carrier. Items not suitable for parcel delivery will be collected from you. Refund obligations must be met within 30 days. The period for you starts when you send your revocation notice or the item, and for us, upon its arrival.

End of the cancellation policy
   

(2) Exclusion of Return Rights
According to Section 312d (4) of the German Civil Code (BGB), the right of return is not applicable in cases such as contracts for the delivery of goods made to customer specifications, clearly personalized, or not suitable for return due to their nature. Special offers like sample and used items are also not eligible for exchange.

(3) Legal Consequences of Return
Upon a valid return, both parties are obliged to refund the services received and any derived benefits (e.g., usage advantages). If the goods have deteriorated, compensation can be demanded. However, this does not apply if the deterioration is solely due to their inspection - as would have been possible in a store.

  
§ 3. Prices, Delivery and Shipping Costs

(1) The prices quoted by Bauchladen Manufaktur in the offers are to be understood as final prices, i.e. they include all price components including applicable taxes. On the other hand, in individual cases, cross-border deliveries may be subject to additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) to be paid by the customer.

(2) The packaging, shipping and insurance costs incurred are not included in the purchase price. The amount depends on the specific offer and the shipping information provided therein and will be invoiced separately.
  

§4. Terms of Payment; Offsetting and right of retention

(1) The payment options mentioned in the respective specific offer are available to the customer, including bank transfer, payment on delivery and cash payment in the event of agreed pick-up.

(2) The customer must pay the purchase price plus any delivery and shipping costs no later than 14 days after receipt of the payment request (invoice) if purchase on account has been agreed - otherwise advance payment applies. The timeliness of payment is determined by the time of receipt of the money at the unconditional disposal of the seller. NAfter unsuccessful expiry of the due date, the customer is in default of payment without further explanation on the part of Bauchladen Manufaktur. For reminder letters, a fee of 7.50 euros per reminder is due.

(3) The customer can only offset against those claims that are undisputed or legally established. The customer is only entitled to exercise the right of retention if his counterclaim arises from the same contractual relationship.
  
§ 5. Terms of delivery and shipping

(1) Unless otherwise agreed, the delivery of the goods is generally made against advance payment and by shipping by a suitable transport company of Bauchladen Manufaktur's choice.
The goods will be shipped within the period specified in the article description, taking into account any forwarding costs as well as after receipt of the full purchase price plus any delivery and shipping costs at Bauchladen Manufaktur.

(2) In individual cases, there is the possibility of uniform shipping, provided that the customer purchases several items in a close temporal connection and the customer communicates the article numbers in good time. On the other hand, there is no entitlement to such a complete delivery. Partial deliveries are permissible insofar as they are reasonable for the customer.

(3) The customer assures that he has provided the correct and complete delivery address at the time of registration. If there are additional costs for sending due to incorrect address data - such as recurring shipping costs or costs for return debits - the customer must reimburse them.
  
§ 6. Retention of Title

(1) In the case of contracts with consumers, Bauchladen Manufaktur reserves ownership of the items sold until the purchase price has been paid in full; In the case of contracts with entrepreneurs, Bauchladen Manufaktur retains ownership of the goods until all claims arising from an ongoing business relationship have been paid in full (goods subject to retention of title).

(2) During the retention of title, the customer is obliged to treat the goods subject to retention of title with care, to immediately notify any third parties of access to the goods subject to retention of title - e.g. in the event of seizure - as well as any damage or destruction thereof, and to provide all information and documents necessary to protect the rights of Bauchladen Manufaktur, as well as enforcement officers or to inform third parties of the third-party property as well as to immediately notify them of a change of ownership of the goods and their own change of residence.
  
§ 7. Transfer of risk, transport damage

(1) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the purchased item is handed over to the customer, provided that the customer is a consumer. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to him as soon as the shipment has been handed over to the person carrying out the transport. It is equivalent to handover if the customer is in default of acceptance.

(2) The goods delivered by the transport company must be checked for completeness and integrity immediately upon receipt in the presence of the delivery person.

(3) If obvious damage (e.g. to glass plates or to the outer packaging) can be detected, this must be reported to the transport company immediately. In this case, the customer undertakes to note these damages on the respective shipping documents and to have them acknowledged by the delivery person; the packaging and goods must be kept.

(4) In the event of partial loss or damage to the goods, which was not recognizable in the packaged condition, the customer must notify the transport company within 5 days of delivery or at least within 6 days of delivery, in order to ensure that any claims against the transport company are asserted in good time.

(5) The Customer shall assist the Seller to the best of his ability to the extent that the Seller asserts claims against the relevant transport company or transport insurance company. Any rights and claims of the customer - in particular the legal rights of the buyer in the event of defects in the purchased item - remain from the paragraphs. 2 to 4 untouched.
  
§ 8. Warranty and Guarantee Conditions

(1) Bauchladen Manufaktur provides warranty in accordance with the statutory warranty claims.

(2) There is no warranty for damage caused by improper handling or use of the goods by the customer. The same applies to so-called deliberate wear. In general, the customer is not entitled to have existing defects remedied by himself or by third parties without the prior and express consent of Bauchladen Manufaktur (self-execution).

(3) If there is a defect in the goods, the consumer is initially entitled to a claim for subsequent performance. In this respect, the consumer can choose between remedying the defect or delivering a defect-free item. However, Bauchladen Manufaktur remains entitled to refuse the chosen type of supplementary performance if this is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of an entrepreneur, subsequent performance shall be carried out at the discretion of Bauchladen Manufaktur by remedying the defect or by means of a replacement delivery.

(4) If the subsequent performance has failed, the consumer may, in accordance with the statutory provisions, demand a reduction of the purchase price (reduction), withdraw from the contract, claim damages or reimbursement of futile expenses. If he claims damages or reimbursement of futile expenses, the limitations of liability according to § 10 of these terms and conditions apply.

(5) Contractors must notify Bauchladen Manufaktur in writing of obvious defects in the goods within 2 weeks of receipt of the goods, otherwise warranty claims are excluded. In order to meet the deadline, it is sufficient to send the notice of defects in good time.

(6) The limitation period for the rights of a consumer in the event of defects in a new item is two years, for the rights of a trader one year.
The limitation period begins in each case from the delivery of the goods, whereby the above-mentioned limitation reliefs do not apply insofar as Bauchladen Manufaktur is liable according to § 10 of these GTC or it concerns the right in rem of a third party, on the basis of which the surrender of the delivered goods can be demanded.

(7) Wood is a natural product that may have color differences and growth-related irregularities. Deviations in structure and colour between parts of a tray or compared to other attachments made of the same material are reserved. Glazed surfaces can look uneven. Such circumstances do not constitute defects and do not entitle the customer to assert warranty rights.
  
§ 9. Liability

(1) In the case of simple or slight negligence, Bauchladen Manufaktur is not liable to entrepreneurs if insignificant contractual obligations are breached. In the event of simple or slight negligence, liability towards consumers in the event of breach of non-essential contractual obligations is limited to the direct average damage typical of the contract.

(2) For damages caused by simple or slight negligence, Bauchladen Manufaktur is liable insofar as this negligence relates to the breach of contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). In this case, liability is limited to the foreseeable average damage typical of the contract.

(3) In accordance with mandatory statutory provisions, such as the Product Liability Act, as well as the statutory provisions for damages resulting from injury to life, limb or health, which are based on a negligent or intentional breach of duty, as well as for other damages resulting from a grossly negligent or intentional breach of duty as well as fraud, Bauchladen Manufaktur is liable without restriction.

(4) In all other respects, liability is excluded regardless of the legal nature of the claim asserted.

§ 10. Place of jurisdiction
In the event that the customer does not have a general place of jurisdiction in Germany, or whose domicile or habitual residence is not known at the time the lawsuit is filed, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Bauchladen Manufaktur. This does not affect the right to bring proceedings before the court at another statutory place of jurisdiction.
  
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