Terms & Conditions

Scope, General

These General Terms and Conditions of Bauzaunwelt (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Conflicting terms and conditions of the customer expressly do not apply unless the seller expressly agrees to their validity in writing.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction in which the purpose cannot be attributed to his or her commercial or self-employed professional activity. For the purposes of these General Terms and Conditions, an 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 independent professional or commercial activity.
The Seller shall provide all services exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. The Seller is entitled to amend or supplement these General Terms and Conditions, including any appendices, at any time.

Conclusion

The product representations contained in the Seller's online shop merely represent a non-binding offer on the part of the Seller and serve to submit a corresponding purchase offer by the Customer. The customer can submit the purchase offer via the online order form integrated in the seller's online shop.
Contracts are concluded upon receipt of our written order confirmation. The content of the contract is determined by the order confirmation and the general terms and conditions. Agreements deviating from this always require the express written confirmation of the seller.
Only the German language is available for the conclusion of the contract.

Object of agreement
The
objects of the contract are the products specified in the customer's order and then named in the order confirmation at the prices stated in the online shop, plus any additional costs for shipping. The indications of the goods: the images, weights and measures used to describe the goods do not always represent the article faithfully, but are for illustrative purposes and are not an assurance of characteristics or guarantees. The manufacturer reserves the right to make technical changes without prior notice. Errors and errors are reserved. In the event that products are temporarily or permanently unavailable, the seller will notify the customer.

Prices

All prices are net prices plus the statutory VAT for self-collection at the warehouse 07318 Saalfeld/Saale. Delivery costs are additional, they will be shown separately in the respective order confirmation or in the shopping cart.
For payment within and outside of Germany, the seller offers the following payment options:
Prepayment by bank transfer - the customer is sent a request for payment, after receipt of payment the goods are shipped.
Cash payment - for self-collection at the warehouse, without charge of delivery costs.
Payment by PayPal - after notification of receipt of payment by PayPal, the goods will be shipped.

Terms of delivery 
The delivery is carried out as described in the respective purchase contracts by a forwarding company commissioned by Bauzaunwelt, the delivery address given is decisive for the delivery.
The shipping costs are shown in the shopping cart before the conclusion of an order and refer exclusively to the Federal Republic of Germany. Special costs, island carriers, or undeclared shipping costs, will be communicated in a separate order confirmation.
If you cannot be found at the delivery address you have provided, you will be in default with the acceptance of the service.
If you are in default of acceptance or culpably violate other obligations to cooperate, we are entitled to claim compensation for the damage incurred as a result, including any additional expenses (e.g. unsuccessful travel). Further claims are reserved. If the aforementioned conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to you at the time when you are in default of acceptance or debtor. In the event of refusal of acceptance with consequences of a return, the customer shall bear the costs.
This does not apply if the customer exercises his right of revocation by refusing to accept it.
The customer must ensure that unloading is ensured at the delivery address. A forklift and/or sufficient people should be available for unloading. The transport to the place of use must be carried out by you on site.
The standard delivery time is 2-10 working days for freight forwarding shipments, 2 to 3 working days for parcel services and is shown in the order history (shopping cart, selection of delivery methods).
However, the standard delivery time for all orders can be extended to 2 to a maximum of 6 weeks at peak times, depending on the capacity of the vehicles.

Transfer of Risk and Retention of Title
If the delivery item is taken over by the customer, the risk of loss, damage and deterioration of the purchased item passes to the customer upon receipt. In the event of shipment, the risk of loss, damage and deterioration of the object of purchase shall pass to the customer at the time the goods are handed over to a forwarding agent or carrier, but no later than when they leave the factory or warehouse, even if partial deliveries or partial payments are made.
If the delivery item is ready for shipment and the shipment or acceptance is delayed for reasons for which the seller is not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for shipment.
The seller reserves title to the goods until all claims arising from an ongoing business relationship have been paid in full.
The customer is obliged to treat the goods with care until the transfer of ownership. The customer is also obliged to report any damage, theft or destruction of goods immediately.
The Seller shall be entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the Customer, in particular in the event of default of payment or breach of obligations under the statutory provisions.

Warranty and defects
The warranty follows the statutory provisions in accordance with the following regulations. The delivery must be checked by the customer immediately upon receipt for completeness or damage as well as defects. In the event of damage to the ordered goods, incorrect deliveries or incomplete scope of delivery, the customer must notify the seller immediately and this must be acknowledged on the delivery note. The customer must complain about delivered goods with obvious transport damage to the delivery person (forwarding company or Bauzaunwelt) and have them confirmed in writing by the delivery person; as well as inform the seller thereof. If there is a defect in the purchased item, the legal regulations apply. If the customer is represented by a company / legal entity, an insignificant defect does not justify any claims for defects; the seller has the choice of the type of supplementary performance; in the case of new goods, the limitation period for defects is one year from the transfer of risk; in the case of used goods, the rights and claims due to defects are generally excluded and the limitation period does not begin again if a replacement delivery is made within the framework of liability for defects. If the customer is represented by an end user, the legal provisions apply. For entrepreneurs and consumers, the above defect and limitation period restrictions do not apply to claims for damages and reimbursement of expenses that the buyer can make under the statutory provisions due to defects in accordance with the subsequent liability. Furthermore, the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code (BGB) remain unaffected for entrepreneurs. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved. If the subsequent performance has been carried out by way of a replacement delivery, the customer is obliged to exchange the goods delivered first with the seller within 30 days in the event of subsequent performance. If this is not possible, the return of the defective goods must be carried out in accordance with the statutory provisions.

Liability

If the seller negligently violates an essential contractual obligation, liability is limited only to damages that are typically connected with the contract and are foreseeable by the seller at the time of conclusion of the contract. In all other respects, the seller is not liable for simple negligent breaches of ancillary contractual obligations. The limitations of liability also apply to the extent that liability for the legal representatives, executives and other vicarious agents is concerned.
Further liability is excluded regardless of the legal nature of the claim asserted.
The seller is therefore not liable for damage that has not occurred to the delivery item itself. Furthermore, not for lost profits or for other financial losses of the user.
The above limitation of liability does not apply if the breach of contract is based on intent or gross negligence or if there is an injury to life, limb or health. The limitation of liability also does not apply to damages that are covered by liability under the Product Liability Act.
Insofar as liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

Withdrawal

Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity:
Consumers have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last goods.
In order to exercise the right of withdrawal, the customer must inform the seller (Bauzaunwelt; Vor der Heide 64; 07333 Unterwellenborn) of the decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Exceptions to the right of withdrawal
Our printed advertising banners are individually manufactured for you. The right of withdrawal expires at the start of production. (The start of production begins with the transfer of the print data from the customer to the supplier).

Consequences of revocation
If the Customer withdraws from the Agreement, the Seller shall repay all payments received by the Seller, including the delivery costs (with the exception of the additional costs resulting from the fact that a type of delivery other than the offered, cheapest standard delivery has been chosen), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from this Agreement is received. For this repayment, the Seller will use the same means of payment used for the original transaction, unless expressly agreed otherwise; in no case will customers be charged any fees for this repayment.
The seller may refuse to repay until he has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.
The customer must return or hand over the goods without undue delay and in any event no later than fourteen days from the day on which he informs the seller of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen day period.
The customer bears the direct costs of returning and storing the goods. The direct costs of the return are estimated with regard to those goods that cannot be returned to the seller normally by post due to their nature (forwarding goods). We will make a separate offer for the return, the cost is estimated at a maximum of 900 euros. The customer is free to ship the goods himself, subject to liability.
He only has to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to examine the nature, characteristics and functioning of the goods.
There is no revocation for products that have been manufactured according to customer specifications or are clearly tailored to personal needs. Furthermore, there is no right of withdrawal if the products are no longer in their original packaging, incomplete or in a condition that cannot be re-sold.

General information
Please avoid damage and contamination of the goods, please ensure sufficient protection against transport damage with suitable packaging.
If possible, please do not send the goods back to us freight collected.
Please note that the aforementioned sections 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.


Final provisions

We assume no liability or warranty for printing errors and description errors.
The law of the Federal Republic of Germany shall apply to all legal relationships between the seller and the customer, to the exclusion of the laws on the international sale of movable goods.
The exclusive place of jurisdiction for all disputes arising from any contracts is the Seller's place of business.
The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is filed.
Should individual provisions of these General Terms and Conditions be or become invalid or have gaps, the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply instead of the invalid provisions.