Shop General Terms and Conditions
§ 1 Applicability, definitions of terms
(1) BANDELIN electronic GmbH & Co. KG, Heinrichstraße 3-4, 12207 Berlin, Germany (hereinafter: "we" or "BANDELIN electronic GmbH & Co . KG") operates an online shop for goods under the website https://bandelin.com. The following General Terms and Conditions shall apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storage of the text of the contract
(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://bandelin.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Add the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
- Checking the details in the shopping basket,
- Call up the order overview by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
- Enter/check address and contact details, select payment method, confirm GTC and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Completion of the order by pressing the "Buy now" button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of conclusion of the contract, the contract shall be concluded with BANDELIN electronic GmbH & Co. KG, Heinrichstraße 3-4, 12207 Berlin, Germany.
(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
- The sale of goods. The actual goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping basket system and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time:10-14 days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
The offer of BANDELIN electronic GmbH & Co. KG, Heinrichstraße 3-4, 12207 Berlin, Germany is directed exclusively at commercial or self-employed customers. Before the order process is completed, the conclusion of the legal transaction for the purpose of commercial or self-employed use must be confirmed. A conclusion of the legal transaction as a consumer with BANDELIN electronic GmbH & Co. KG, Heinrichstraße 3-4, 12207 Berlin, Germany is not possible. The possibilities for revocation can be found in the Cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached an essential contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the amount of the damage. Damage foreseeable and typical for this type of contract limited. A material contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and to fulfil the contractually owed performance, which is described in § 3.
§ 8 Contractual language
Only German is available as the contractual language.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.