General Terms and Conditions with Customer Information
Table of Contents
- Conclusion of contract
- Right of revocation
- Prices and terms of payment
- Terms of delivery and shipment
- Reservation of title
- Liability for defects (warranty)
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of bastian. Online Trade GmbH & Co. KG (hereinafter “Seller”) apply to all contracts for the delivery of products concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the products presented by the Seller in its online shop. It is hereby objected to the inclusion of the Customer’s own terms, unless agreed otherwise.
1.2 Consumer in the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can be attributed to neither their commercial nor self-employed professional activity. Entrepreneur in the meaning of these GTC is a natural person or legal entity or a partnership with legal capacity, acting in exercise of their commercial or self-employed professional activity in the conclusion of a legal transaction.
2) Conclusion of contract
2.1 The product descriptions found at the Seller's online shop do not represent any binding offers by the Seller but merely serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer using the online order form that is integrated in the Seller's online shop. In this process, the Customer, once he has placed the items selected by him into the virtual shopping card and completed the electronic ordering process, submits a legally binding offer to conclude a contract for the products contained in the shopping cart by clicking on the “Complete order” button.
2.3 The Seller can accept the offer from the Customer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereas the receipt of the order confirmation by the Customer shall be decisive for this purpose, or
- by delivering the ordered products to the Customer, whereas the receipt of the products by the Customer shall be decisive for this purpose, or
- by requesting the customer to pay upon placing his order.
If several of the aforementioned alternatives have occurred, the contract will be effectively established by the alternative of the aforementioned ones that occurs first. The period for accepting the offer begins on the day after the offer was sent to by the Customer and ends on expiration of the fifth day following the mailing of the offer. If the Seller does not accept the offer from the Customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer will no longer be bound by his statement of intent.
2.4 When submitting the offer by means of the Seller's online order form, the contract text will be stored by the Seller and be sent to the Customer in text form (e.g. email, fax or letter) including the present GTC after submitting his order. In addition, the contract text will be archived on the Seller's website and it can be accessed free of charge by the Customer, using his password-protected customer account and specifying the relevant login data, insofar as the Customer has created a customer account at the Seller's online shop before submitting his order.
2.5 Before submitting the order bindingly by means of the Seller's online order form, the Customer will have the opportunity to review his input for any errors by carefully reading the information displayed on the screen. As an effective technical means for a better chance of finding input errors, the zoom function in the browser can be used by means of which the display on the screen is magnified. The Customer can correct his input using the common keyboard and mouse functions for the entire time in the course of the electronic order process, until he clicks the button that completes the order process.
2.6 Exclusively the German language is available for the conclusion of the contract.
2.7 The order processing and contacting will regularly take place by email and automated order processing. The Customer shall ensure that the email address specified by him for the order processing is correct, so that emails sent by the Seller can be received at this address. The Customer shall ensure, in particular if spam filters are used, that all emails can be delivered that are sent by the Seller or third parties contracted by it for the processing of the order.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation
3.2 More information on the right of revocation can be found in the Seller's instruction on revocation.
4) Prices and terms of payment
4.1 Unless stated otherwise in the Seller's product description, the quoted prices are total prices that include the statutory value added tax. If applicable, any additionally incurred delivery and shipment costs will be specified separately in their respective product description.
4.2 The Customer will be informed of the payment option/s at the Seller's online shop.
4.3 If advance payment by bank transfer is agreed, the payment will be due directly upon the conclusion of the contract, unless the Parties have agreed a later due date.
4.5 If the payment method “SOFORT transfer” (INSTANT transfer) is chosen, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To be able to pay the invoice amount by means of a SOFORT transfer, the Customer must have an online bank account with PIN/TAN that is activated for transacting SOFORT transfers, and the Customer must identify himself accordingly in the payment process and confirm the instruction of payment to SOFORT. The payment transaction will be executed by SOFORT directly thereupon and be charged to the Customer’s bank account. The Customer can retrieve more information about the SOFORT transfer payment method online at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) Terms of delivery and shipment
5.1 Products will be delivered by shipment to the delivery address specified by the Customer, unless agreed otherwise. For the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.
5.2 If the carrier returns the shipped products to the Seller because delivery to the Customer was not possible, the Customer will bear the costs for the unsuccessful shipment. This does not apply if the Customer exercises his right of revocation effectively or if he is not responsible for the circumstance that has led to the impossibility of delivery, or if he was prevented temporarily from the acceptance of the offered service, unless the Seller has announced the service to the Customer with appropriate advance notice.
5.3 Personal pickups are not possible for logistical reasons.
6) Reservation of title
If the Seller performs its service before payment, it will reserve the title to the delivered products until the complete payment of the owed purchase price.
7) Liability for defects (warranty)
7.1 If the purchased object is defective, the provisions regulating statutory liability shall apply.
7.2 The Customer is requested to report defects of delivered products with obvious transport damages to the carrier and notify the Seller thereof. If the Customer fails to do so, this shall not have any effects on his statutory or contractual claims of defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the Parties to the exclusion of laws on the international sale of movable goods. This choice of law applies to consumers only to the extent, as the consumer is not deprived thereby of the protection granted under compulsory provisions of the law of the state in which the consumers maintain their permanent residence.
9) Place of jurisdiction
If the Customer acts as a merchant, legal entity of public law or a public-law investment fund with registered office in the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer maintains his domicile outside of the sovereign territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or the claims under the contract can be attributed to the Customer’s exercise of professional or commercial activity. In the foregoing cases, however, the Seller shall be entitled in all instances to apply to the court at the Customer’s domicile.
10) Alternative dispute resolution
10.1 The EU Commission makes a platform for online dispute resolution available on the internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlements of disputes that arise from online purchase or service contracts in which a consumer is a party.
10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer mediation office.