General Terms and Conditions
The following delivery and sale conditions regulate the business relationship for online orders between bayern design GmbH, Luitpoldstrasse 3, 90402 Nuremberg, Germany (named "bayern design" hereafter) and the customer.
The German version shall prevail.
§ 1 Scope of application
The following General Terms and Conditions (GTC) in their version valid at the time of order placement shall apply to the business relationship between bayern design and the customer. bayern design shall not accept any other regulations if they have not been confirmed in writing by bayern design.
§ 2 Conclusion of contract, rescision
The contract between bayern design and the customer shall be concluded upon confirmation of the interested party's intention to buy, i.e., by clicking on the "Submit" button, as well as upon information by bayern design on the delivery and/or upon the delivery of the goods. Before confirming, bayern design shall assess whether and in which period of time the delivery of the requested goods is possible, whether a contractual relationship with the customer must be rejected for legal pruposes, and whether errors have ocurred on the bayern design website arising from typos, printing or calculation mistakes.
§3 Right of withdrawal
Pursuant to § 3 of the German Distance Selling Act (Fernabsatzgesetz), the customer shall be entitled to withdraw from the sales contract within 14 days upon receipt of the goods without stating the reasons for his or her withdrawal. This period of notice may be adhered to by sending the withdrawal declaration in due time. The customer may declare his or her withdrawal in writing or on another permanent data carrier, via e-mail or by simply returning the goods. The withdrawal declaration shall be sent to the following address: bayern design GmbH, Luitpoldstrasse 3, 90402 Nuremberg, Germany; e-mail: firstname.lastname@example.org; phone: +49 911- 240 22 30.
Upon the timely declaration of his or her withdrawal, the customer shall no longer be bound by the contract with bayern design. bayern design shall reimburse the customer for the purchase price paid. The customer shall be obligated to return the goods. If the withdrawal relates to goods of a value of under 40 euros, the return costs shall be borne by the customer; if the value of the goods exceeds 40 euros, bayern design shall bear the return costs, if and when the withdrawal declaration was sent within 14 days upon receipt of the goods.
§ 4 Delivery, place of performance
Delivery shall take place ex bayern design in Nuremberg, Germany, to the delivery address indicated by the customer. If no delivery address has been indicated, the goods shall be delivered to the invoice address. The risk shall be transferred to the customer as soon as the goods to be delivered leave the bayern design premises. Information on delivery dates shall be non-binding, if and when the delivery date has not been confirmed in a binding manner. The costs for shipping and handling as well as for packaging shall always be subject to forwarding charges in the amount of 2.50 euros (for shipment within Germany up to 1000 grams). Shipping costs for letters outside of Germany as well as for letters of more than 1000 grams shall increase accordingly.
§ 5 Payment, payment date, delayed payment
The amount indicated on the invoice shall become due immediately upon invoicing, net and without deduction. In case of delayed payment by the customer, bayern design shall be entitled to charge default interests in the amount of 5% per year above the basic interest rate published by the German Federal Bank (Deutsche Bundesbank). bayern design reserves the right to assert demonstrably higher delay damages. The goods delivered shall remain the property of bayern design until full payment by the customer.
§ 6 Warranty and liability
bayern design shall only be liable in case of gross negligence and intent. In the event of a deficiency in the purchased goods that is covered by bayern design, bayern design shall, at its own discretion, be entitled to remedy the deficiency or to deliver a replacement product. In the event that bayern design is unwilling or unable to remedy a defect or to deliver a replacement product or that the delivery of a replacement product is delayed beyond admissible periods of time for reasons bayern design has control over or that the remedy of deficiencies or the delivery of a replacement product fails in any other way, the customer may, at his or her own discretion, choose to rescind from the contract or to demand a pro-rata reduction of the purchase price. If nothing contained in the remainder of these GTC provides for otherwise, further claims by the customer - regardless of the legal grounds - shall be excluded. bayern design shall not be liable for damage that did not occur on the actual delivered goods; in particular, bayern design shall not be liable for lost profits or other financial loss incurred with the customer. To the extent that bayern design's liability is excluded or limited, this shall also apply to the personal liability of staff members, representatives and vicarious agents. The aforementioned liability limitations shall not apply if the damage was caused by intent or gross negligence. Furthermore, it shall not apply if the customer asserts claims based on the lack of promised features pursuant to §§ 1 and 4 of the German Product Liability Act (Produkthaftungsgesetz) or asserts claims for damages based on default pursuant to §§ 463 and 480 clause 2 of the German Civil Code (Bürgerliches Gesetzbuch). The same shall apply to initial inability and covered impossibility. If and when bayern design breaches an obligation essential to the contract by an act of negligence, its obligation to deliver a replacement product relating to material and personal damage shall be limited to the typically occurring damage. The warranty period shall be 12 months upon the transfer of risk. Such period shall be a limitation period and shall also apply to claims relating to the replacement of subsequent damage if and when no claims are asserted based on illegal actions.
§ 7 Applicable law and place of jurisdiction
The legal relationship between the customer and bayern design shall be subject to German law under exclusion of the CISG. Nuremberg, Germany, shall be the exclusive place of jurisdiction for general merchants for all claims relating to the business relationship. bayern design shall be entitled to also file suit at the ordering person's general place of jurisdiction.
§ 8 Privacy
bayern design shall use the data exclusively in connection with the business relationship with the buyer. The customer expressly consents to the collection, processing and use of personal data. bayern design shall be entitled to electronically store and process the data provided by the customer.
§ 9 Severability clause
Should any provisions of the contract, including these regulations, be, wholly or in part, invalid or should the contract contain a gap, the validity of the remainder of the provisions or of the parts of those provisions shall remain unaffected thereof. The invalid or missing provisions shall be replaced by the respective legal regulations.
as of 8 May 2006