General Terms and Conditions

The following General Terms and Conditions (GTC) also contain legal information about your rights under the regulations on contracts in distance selling and electronic commerce.

1. Scope of application

   For all deliveries of the company Sven Bauhaus Holzwerkstoffe GmbH, Dahlweg 120a, 48153 Münster to consumers (§ 13 BGB) these General Terms and Conditions apply, except for clause 9.2 (Warranty).

   For deliveries to entrepreneurs (§ 14 BGB), these General Terms and Conditions shall apply, except for Clause 4 (Right of withdrawal) and Clause 9.1 (Warranty).

2. Contractual partner

   The contract of sale is concluded with

   Sven Bauhaus Holzwerkstoffe GmbH
   

   represented by the managing director Sven Bauhaus
   Dahlweg 120a 48153 Münster, Germany
   

   Phone: +49 251-97564788
   E-Mail: post@svenbauhaus.de
   Web: www.svenbauhaus.de

   You can reach our customer service for questions, complaints and objections on weekdays from 9:00 to 17:00 o’clock

   under the telephone number 0251-97564788

   as well as by e-mail at post@svenbauhaus.de

   We will contact you no later than the next business day so that your questions, complaints or objections can be resolved.

3. Offer and conclusion of contract

   3.1       The presentation of the products in the online store does not constitute a legally binding offer by the seller/provider, but an invitation to place an order.

   3.2       By clicking the button [Order with obligation to pay] you submit a binding declaration of intent to order the goods listed on the order page. The purchase contract shall be concluded by our accepting your order by means of an order confirmation by e-mail immediately after receipt of your order or by our carrying out the delivery immediately after the order.

   3.3       Insofar as a so-called "shopping cart" is offered in our store and is used by you, we point out that the articles inserted by you into the shopping cart are only marked by us as "sold" or in a similar way when you press the button "continue to checkout" with the contents of the shopping cart. It may therefore happen that the goods you previously added to the shopping cart are no longer available or have been revised by us. In our webshop you will be shown the revised offers or (no longer) available items and appropriate help for deleting or changing the stock in the shopping cart or checkout. A legally binding offer on our part is only when you click the button "proceed to checkout" with the available or unchanged inventory. Only when you click on the order button (or the button "order subject to payment") do you make a binding declaration of intent to order the available or revised offers.

   3.4       The possibility of recognizing and correcting input errors will be pointed out separately at an appropriate place.

4. Right of withdrawal

   Consumers (§ 13 BGB) have a statutory right of withdrawal.

   Right of withdrawal

   You have the right to cancel this contract within 14 days without giving any reason.

   The revocation period is 14 days from the day on which Se or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last item.

   To exercise your right of withdrawal, you must send us

   Sven Bauhaus Holzwerkstoffe GmbH
   

   represented by the managing director Sven Bauhaus
   Dahlweg 120a 48153 Münster, Germany
   

   Phone: +49251-97564788
   E-Mail: post@svenbauhaus.de
   Web: www.svenbauhaus.de

   by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

   To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

   Consequences of the revocation

   If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for 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 at the latest within 14 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 in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

   We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods.

   Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrages unterrichten, an uns zurückzu­senden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden.

   Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.

   Sie müssen für den etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertver­lust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.

   Download Widerrufsformular

5. Prices and shipping costs

   5.1       The prices stated on the product pages include the statutory VAT and other price components.

   5.2       In addition to the stated prices, we charge shipping costs for delivery. The shipping costs will be clearly communicated to you again on the product pages and on the order page.

   5.3       "Payment in advance" shall be deemed agreed. Further taxes or costs do not apply.

6. Lieferung

   6.1       Unless otherwise stated for an item, delivery will only be made to a shipping address within the European Union. Even if payment is made by paypal, delivery will only be made to the address within the European Union deposited with paypal.

   6.2       The delivery time is 1-2 weeks after receipt of payment. We point out any deviating delivery times on the respective product page. In case of delays, we will inform you immediately about the delivery date or the handover of the goods to the carrier.

   6.3       If the ordered product is not available in time (ex: due to loss or error), we will inform you immediately. In such a case, you are free to wait for a comparable product (if this is available) or to cancel your order. In the event of cancellation, any payments already made will be refunded immediately.

7. Payment

   7.1    Payment shall be made "in advance". If "payment on delivery" is possible due to a separate agreement, this will be indicated separately in the respective offer.

   7.2    If payment is made in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment, considering the stated delivery time.

   7.3    You shall only have a right to offset if your counterclaims are undisputed, have been finally determined by a court of law, or are ready for a decision in a legal dispute, or if they are counterclaims pursuant to § 320 of the German Civil Code (BGB).

   7.4    You may only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of title

   The goods shall remain our property until payment has been made in full.

9. Warranty

   9.1       Insofar as the delivered goods are defective, you are entitled as a consumer within the meaning of § 13 BGB (German Civil Code) within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. The limitation period of warranty claims for the delivered goods is two years from receipt of the goods.

   In the case of used goods which we expressly offer and mark as such, the limitation period shall be one year.

   9.2      Insofar as the delivered goods are defective, you shall be entitled as an entrepreneur within the meaning of § 14 BGB (German Civil Code) within the framework of the statutory provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We shall have the right to choose the type of subsequent performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. A prerequisite for any warranty rights is that you properly fulfill all inspection and complaint obligations owed under § 377 of the German Commercial Code (HGB).

   The limitation period for warranty claims for the delivered goods - except in the case of claims for damages - is twelve months from receipt of the goods.

   9.3      If articles are marked by us as "defective", defects known to the buyer at the time of the conclusion of the contract are excluded from the warranty.

   9.4       We do not offer customer services and do not provide such services. The installation of the goods offered by us, in particular of spare parts, should be carried out by a specialist workshop. We shall not be liable for any damage caused by the incorrect installation of these goods.

10. Liability

    10.1     We shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act. For damages which are not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally. To the extent that we have given a guarantee as to the quality of the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality but not occurring directly to the goods if the risk of such damage is obviously covered by the quality guarantee.

    10.2     We shall also be liable for damage caused by simple negligence, insofar as the negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract. However, we shall only be liable to the extent that the damage is typically associated with the contract and is foreseeable.

    10.3     Any further liability shall be excluded irrespective of the legal nature of the asserted claim; this shall apply to tortious claims or claims for reimbursement of futile expenses instead of performance.

    10.4     Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

11. Contract language

    The contract language is German.

Note on the information obligations regarding the individual technical steps leading to the conclusion of a contract pursuant to Section 312i (1) No. 1 BGB in conjunction with. Art. 246c No. 1 EGBGB (Introductory Act to the German Civil Code)

Pursuant to § 312i para. 1 no. 1 BGB in conjunction with Art. 246c no. 1 EGBGB, we are obliged to provide information about the individual technical steps leading to the conclusion of a contract.

We point out that the menu navigation of the offers visible in our store by notes and / or buttons such as "continue" "to the ordering process" self-explanatory until the completion of the ordering process.

Note on the information obligations regarding the storage of the contract text in accordance with § 312i para. 1 nos. 2, 4 BGB in conjunction with. Art. 246c No. 2 EGBGB

According to § 312i para. 1 nos. 2, 4 BGB in conjunction with Art. 246c no. 2 EGBGB we are obliged to inform whether the contract text is stored by the entrepreneur after the conclusion of the contract and whether the contract text is accessible to the customer.

We point out that the offer visible in our store is stored for 30 days after completion of the ordering process and can be viewed as in the article search. After this period has expired, the offer is finally removed from the web store. We have saved a printout of this offer. This can also be viewed after the expiry of the period with us.

We nevertheless recommend that all customers print out the text of the contract/offer immediately after conclusion of the contract at the latest.

Regarding the General Terms and Conditions (GTC) used by us, we point out to our customers that these are constantly updated. The older GTC used by us are no longer stored after revision and are only available in the form of a voucher copy.

We recommend our customers to print out the GTC immediately after completing the order process.

Note on the obligation to inform about the possibility to recognize and correct input errors, gem. § 312i Abs. 1 Satz 1 Nr. 1 BGB i.V.m.. Article 246c No. 3 EGBGB (Introductory Act to the German Civil Code)

We expressly point out that the entries can be reviewed at any time, especially after clicking the order button. You can correct your input by clicking the "back" button.

Privacy policy

We,

Sven Bauhaus Holzwerkstoffe GmbH

represented by the managing director Sven Bauhaus
Dahlweg 120a, 48153 Münster, Germany

Tel.: 0251-97564788
E-Mail: post@svenbauhaus.de
Web: www.svenbauhaus.de

- hereinafter referred to as the company - observe the rules of data protection laws and therefore also take the protection of your personal data seriously in your interest. Personal data is therefore only collected by us to the extent technically necessary, for example, for contract processing. In no case will the collected data be used outside our company, sold or otherwise disclosed to third parties - unless it is essential for the execution of the contract.

We point out that the server of our website automatically collects and stores log files information that your browser transmits (to us). These are:

• Browser type/version,
  
• operating system used,
  
• Referrer URL (the previously visited page),
  
• Host of the accessing computer (IP address),
  
• time of the server request.

This data is not accessible to the employees of our company.

Incidentally, personal data is only collected if you voluntarily provide it to us as part of your order for goods, when opening a customer account (or when registering for our newsletter). We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order. With complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the expiry of the tax and commercial regulations.

Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institution commissioned with the payment.

You have the right at any time to free information about your stored personal data, their origin and recipient, the authorization, blocking or deletion of data and the revocation of consents granted and the purpose of data processing. Information about the stored data can be obtained from the data protection officer of our company, Sven Bauhaus, Dahlweg 120a, 48153 Münster, Tel.: 0251-97564788, E-Mail: post@svenbauhaus.de.

Note on sales packaging

Sales packaging is packaging that accumulates at the end consumer (§ 3 Para. 1 No. 2 Packaging Ordinance). Manufacturers or distributors of the products are obliged to

• either take back the packaging waste in the store or in the immediate vicinity free of charge (Section 6 (1)) (so-called self-disposers)
  
• or to participate in a nationwide system that collects the packaging waste from the private end consumer or in his vicinity (so-called dual systems).

You can return empty sales packaging of the goods sold by us free of charge to the address given in the imprint.

© 2015 Rechtsanwalt Ralph J. Jurisch, 59387 Ascheberg/ Westf., für www.webrecht-jurisch.de