These General Terms and Conditions of Business apply for all orders placed by consumers (§ 13 of the Civil Code) through the online shop of BMZ Batterien-Montage-Zentrum GmbH, Am Sportplatz 28, 63791 Karlstein; managing director: Sven Bauer, Local Court of Aschaffenburg – Commercial Register No. B 5890 (hereinafter, "BMZ").
A "consumer" is any natural person who executes a transaction for a purpose which cannot be ascribed to his or her commercial or independent professional activity.
§ 2Conclusion of Contracts
§ 2.1The product descriptions in the online shop serve to facilitate the issuance of purchase offers. By clicking the button [Buy/Place Order], you are issuing a binding purchase offer. Our products are sold for both private and commercial use.
§ 2.2We can accept your order by sending a separate order confirmation by e-mail or by delivering the product within two days. Confirmation that we have received the order will be sent by automated e-mail immediately after the order is placed and does not in and of itself constitute acceptance of the offer to contract.
The prices quoted on the product pages are exclusive of statutory value-added tax and other price components as well as inclusive handling charges.
§ 4Shipping Costs
§ 4.1We charge a net handling fee of EUR 6.99 for deliveries within Germany.
§ 4.2If shipping via a forwarding agency is necessary, shipping costs in the order confirmation will be charged depending on the expense.
§ 5Terms of Delivery and Reservation of Adequate Supply
§ 5.1Delivery shall be made within Germany via GLS, Transoflex or forwarding agencies.
§ 5.2The delivery period shall be 2-5 days unless otherwise indicated in the offer.
§ 5.3If delivery of the merchandise fails due to your negligence despite three delivery attempts, we may rescind this agreement. Any payments which were made will be refunded to you without delay.
§ 5.4If the ordered product is not available because our suppliers have failed to supply us with the product in question, through no fault of our own, we may rescind the agreement. In this case, we will notify you without delay and recommend delivery of a comparable product, if available. If no comparable product is available or if you decide against delivery of a comparable product, we will reimburse you without delay for any consideration you may have already paid.
§ 6Terms of Payment
§ 6.1At your option, payment may be made in advance, on delivery, by credit card or by direct debit.
§ 6.2If you select payment in advance as your payment option, we will specify our bank information in the order confirmation. The invoice amount is to be transferred to our account within 10 days. If payment is made by credit card, your account will be charged when the merchandise is shipped.
§ 6.3If you default on your payment, interest will be charged on the purchase price at a rate of 5% above the basic interest rate for the period of default. We reserve the right to demonstrate and assert higher default damages.
§ 6.4In case of payment by direct debit, you may have to bear the costs which arise when a payment transaction is reversed for insufficient funds or due to your transmission of incorrect banking information.
§ 7Reservation of Ownership
The merchandise remains our property until payment is made in full. Until the transfer of ownership, the merchandise may not be pledged, transferred by way of security, processed or redesigned without our consent.
§ 8Right of Revocation
§ 8.1Consumers have a fourteen-day right of revocation.
Right of Revocation
You have the right to revoke this agreement within fourteen days without citing grounds.
The revocation period is fourteen days from the date on which you or a third party named by you who is not the carrier took possession of the last article.
To exercise your right of revocation, you are required to notify us (BMZ Batterien-Montage-Zentrum GmbH, Am Sportplatz 28, 63791 Karlstein, Phone: 06188 9956-9834, Fax: 06188 9956-699, E-mail: email@example.com) of your decision to revoke this agreement by means of a clear declaration (e.g. by letter, fax or e-mail). You may use the attached sample revocation form for this purpose, although you are not required to do so.
For observance of the revocation period, it is sufficient for the notice that you will be exercising your right of revocation to be sent prior to expiration of the revocation period.
Consequences of Revocation
If you revoke this agreement, we will be required to refund all payments we received from you, including delivery fees (with the exception of additional costs which accrued because you selected a form of delivery other than the least expensive standard delivery option), without delay, within fourteen days of the date on which we receive notification as to your revocation of this agreement. These amounts will be refunded using the same means of payment which you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees in connection with this refund. We may refuse to refund your payments until the merchandise is returned to us or until you provide documentation that you have shipped the merchandise back to us, whichever is sooner.
You are required to return or hand over the merchandise to us (BMZ Batterien-Montage-Zentrum GmbH, Am Sportplatz 28, 63791 Karlstein, Phone: 06188 9956-9834, Fax: 06188 9956-699, E-mail: firstname.lastname@example.org) without delay, within fourteen days of the date on which you notify us of the revocation of this agreement. The period is observed if you ship the merchandise prior to expiration of the fourteen-day period. You are responsible for the direct cost of returning the merchandise. You are only responsible for any loss in the merchandise's value if this loss in value is attributable to handling on your part which was not necessary to verify the quality, properties and functioning of the merchandise.
§ 8.2The right of revocation shall not exist for the delivery of merchandise which is not prefabricated and whose assembly depends on an individual choice or determination by the customer or which is clearly customized to meet the personal needs of the consumer, or for the delivery of merchandise which is perishable or whose expiration date is rapidly approaching, which is not suitable for return for health or hygienic reasons, if the seal was removed after delivery and the merchandise was inextricably mixed with other merchandise after delivery based on its properties, or for the delivery of audio or video recordings or computer software in sealed packaging, if the seal was removed after delivery.
§ 8.3Please try to prevent damages and stains. Please return the merchandise to us in the original packaging, if possible, with all accessories and all packaging components. Use protective outer packaging if necessary. If you are no longer in possession of the original packaging, please use suitable packaging to ensure adequate protection from damages in transit so as to avoid damage claims in connection with damages resulting from defective packaging.
§ 8.4Please note that the modes specified in § 8.3 above are not a prerequisite for valid exercise of the right of revocation.
§ 9Damages in Transit
§ 9.1If goods are delivered which were clearly damaged in transit, please make an immediate complaint about such errors to the shipper and please contact us as soon as possible (BMZ Batterien-Montage-Zentrum GmbH, Am Sportplatz 28, 63791 Karlstein, Phone: 06188 9956-9834, Fax: 06188 9956-699, E-mail: email@example.com).
§ 9.2Failing to make a complaint or contact us has no consequences whatsoever for your statutory warranty rights. However, they will help us assert our own claims against the carrier and/or the insurer.
10.1Statutory warranty rights shall apply for the merchandise offered in our shop.
10.2 At variance from the above, the following shall apply if you are an entrepreneur:
a.The characteristics of the object shall be defined only by our own statements and the manufacturer's product description, not by other advertising, public praise and statements by the manufacturer.
b.The customer shall be required to inspect the goods after receipt pursuant to the requirements of § 377 of the Commercial Code and provide notice of defects without delay. The notice period for obvious defects is 8 days and the notice period for hidden defects is 14 days from receipt of the goods by the customer.
c.In case of defects, we will satisfy our warranty through rectification of the defects or subsequent delivery, at your option. If the rectification of defects fails, you have the option of requesting reduction of the purchase price or rescinding the agreement. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless another conclusion is evident e.g. from the nature of the object or defect or from other circumstances. In case of the rectification of defects, we are not required to bear the higher costs arising from transportation of the merchandise to a place other than the place of performance unless such transportation conforms to proper use of the merchandise.
d.Damage claims by the customer based on material defects or other grounds shall be excluded unless they are based on intentional or grossly negligent breach of duty on the part of the user or on the part of the user's legal representatives or vicarious agents. The above provisions shall not involve modification of the burden of proof to the detriment of the customer. This shall not apply for the breach of cardinal duties, i.e. duties whose fulfillment enables due performance of the agreement in the first place and upon whose fulfillment the contracting party may and routinely does rely.
e.Damage claims based on intentional or grossly negligent breach of material contractual duties shall be limited to typical and foreseeable damages.
f.Claims for subsequent performance and rectification of defects shall become time-barred in 12 months. The limitation period shall commence upon receipt of the goods by the customer. The same shall apply for rescission and reduction.
g.The limitation period for damage claims shall be one year from delivery of the goods except in cases where one of the exceptions cited under d) and e) above applies or the Product Liability Act applies.
§ 11Final Provisions
11.1If a provision of these General Terms and Conditions of Business is invalid, the agreement as a whole shall remain in effect. The applicable statutory provisions shall apply in place of the invalid provision.
11.2In cases where the customer is a merchant, the sole place of jurisdiction shall be the District Court of Frankfurt.
11.3German substantive law shall apply for legal relationships in connection with this agreement, to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).