Terms & Conditions
§ 1 Scope and provider
These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB) via the online store of BMZ Germany GmbH, Zeche Gustav 1, 63791 Karlstein, Germany, Managing Director: Sven Bauer & Dr. Andreas Bacher, Amtsgericht Aschaffenburg - HRB 5890 (hereinafter "BMZ"). A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.
§ 2 Conclusion of contract
§ 2.1 The product presentations in the online store serve to submit a purchase offer. By clicking the button [Buy / order with costs] you make a binding offer to purchase. The sale of our products is for private as well as commercial use.
§ 2.2 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods within two days. The confirmation of receipt of the order is sent by automated e-mail immediately after sending the order and does not constitute acceptance of the contract.
§ 3 Prices
The prices stated in the respective offers represent net prices and are exclusive of statutory value added tax. Costs for packaging, transport, shipping or accruing disposal costs are not included in the price and will be invoiced separately.
§ 4 Shipping costs
§ 4.1 If shipping via a forwarding agent is required, the shipping and packaging costs shall be stated on the order confirmation depending on the expense.
§ 4.2 Any disposal costs incurred shall be invoiced separately.
§ 5 Terms of delivery and self-delivery reservation
§ 5.1 The delivery takes place within Germany with DHL, GLS, Transoflex or forwarding agency.
§ 5.2 The delivery time is 2-5 working days, unless otherwise stated in the offer.
§ 5.3 Should the delivery of the goods fail through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.
§ 5.4 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made.
§ 6 Terms of payment
§ 6.1 Payment shall be made either in advance or by direct debit.
§ 6.2 If you choose payment in advance, we will provide you with our bank details 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 debited when the goods are shipped.
§ 6.3 If you are in default of payment, the purchase price is subject to interest at a rate of 5 percentage points above the prime rate during the period of default. We reserve the right to prove and claim a higher damage caused by default.
§ 6.4 In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank details provided by you.
§ 7 Retention of title
The goods remain our property until full payment. Before transfer of ownership, pledging, transfer by way of security, processing or transformation without our consent is not permitted.
§ 8 Right of revocation
§ 8.1 The right of withdrawal does not apply to commercial customers.
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must send us (BMZ Germany GmbH, Zeche Gustav 1, 63791 Karlstein, Tel.: 06188 9956-9833, Fax: 06188 9956-699, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g., a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us (BMZ Germany GmbH, Zeche Gustav 1, 63791 Karlstein, Tel.: 06188 9956-9833, Fax: 06188 9956-699, e-mail: email@example.com) to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
§ 8. 2 The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, which are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery, if these were inseparably mixed with other goods after delivery due to their nature, and also not for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.
§ 8.3 Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
§ 8.4 Please note that the modalities mentioned in § 8.3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 9 Transport damage
§ 9.1 If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible (BMZ Germany GmbH, Zeche Gustav 1, 63791 Karlstein, Tel.: 06188 9956-9833, Fax: 06188 9956-699, e-mail: firstname.lastname@example.org).
§ 9.2 Failure to make a claim or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty
10.1 For the items offered in our store, the statutory warranty rights.
10.2 If you are an entrepreneur, the following applies differently:
Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
The purchaser shall inspect the goods upon receipt in accordance with the requirements of § 377 of the German Commercial Code (HGB) and notify us of any defects without delay. The period of notice for obvious defects is 8 days, for hidden defects 14 days from receipt of the goods by the purchaser.
In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
Claims for damages by the purchaser due to a material defect or for other reasons are excluded, unless they are based on an intentional or grossly negligent breach of duty or a grossly negligent or intentional breach of duty by the user or a legal representative or vicarious agent of the user. A change in the burden of proof to the detriment of the purchaser is not associated with the above provisions. This shall not apply in the event of a breach of cardinal obligations, i.e. obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on.
Claims for damages based on an intentional or grossly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract.
Claims for supplementary performance and rectification of defects shall be subject to a limitation period of 12 months. The limitation period shall commence upon receipt of the goods by the Purchaser. The same applies to withdrawal and reduction.
The limitation period for claims for damages shall be one year from delivery of the goods, unless one of the exceptions listed under d) and e) applies or the Product Liability Act applies.
§ 11 Recycling for lithium-ion batteries
§ 11.1 Used batteries shall be taken back in accordance with the statutory provisions against payment of the costs incurred, unless otherwise agreed between us and the customer. Information on the handling of the disposal process according to SV 376 ADR can be found under the following link: https://bmz-group.com/index.php/service-de/recycling
§ 12 Final provisions
12.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
12.2 If the Customer is a merchant, the sole place of jurisdiction shall be the Frankfurt Regional Court.
12.3 German substantive law shall apply to the legal relationships in connection with this contract to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).