Terms & Conditions
BDHW Clothing & Records
Delitzscher Strasse 13
Director: Toni Grunert
Namend “BDHW” in the following.
Section 1 General
(1) Contractual services and offers made by BDHW are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with BDHW.
(2) The party to the contract”s own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by BDHW.
Section 2 Conclusion of contract
(1) Offers from BDHW Webshop and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) BDHW is entitled to accept the party to the contract”s offers within a period of two weeks from receipt. The contract is concluded if BDHW provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Section 3 Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by BDHW or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions are non-binding and do not constitute a warranted property in terms of the German Civil Code.
Section 4 Delivery and payment
(1) BDHW is entitled to effect delivery of the goods forming the subject of the contract within a period of two weeks from the acceptance of the offer by BDHW.
(2) All prices given are in euros and are inclusive of VAT.
(3) There is no minimum order value.
(4) Goods are delivered by BDHW against cash in advance only.
(5) The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number) or Paypal.
(6) BDHW makes a charge per order for postage and packing. You find current prices on the shipping site.
(7) BDHW may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract.
(8) The party to the contract may not assign debts due against BDHW without the express written consent of BDHW.
Section 5 Right of rescission and right to return in case of distance selling contracts
(1) The following provisions do not apply to audio and video recordings, to software if the data carriers supplied are unsealed, nor to newspapers and magazines. Also, they do not apply to merchandise made according to the contractual partner”s specifications or which are obviously tailored to the contractual partner”s individual needs.
Right of cancellation
You have the right to cancel your declaration of contract without stating a reason within two weeks in written form (e. g. letter, e-mail) or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Para. 312 c (2) BGB in connection with Para 1 (1), (2) and (4) BGB-InfoV as well as our obligations according to Para. 312e (1) Sentence 1 BGB in connection with Para. 3 BGB-InfoV. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time. The cancellation has to be sent to:
BDHW Clo. & Rec.
Delitzscher Strasse 13
Effects of Cancellation
In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. This does not apply for the delivery of goods, if the deterioration of the goods is due exclusively to their inspection – as would have been possible for you in a retail shop for example. Incidentally you can avoid the obligation for compensation by not using the goods, as if they were your property, and by refraining from doing anything, that could impair their value. Goods, that can be dispatched as parcels, have to be returned. You shall be responsible for the return costs if the merchandise supplied complies with the goods ordered.
In case of returns from abroad and irrespective of the order value, the contractual partner shall be responsible for the costs if the merchandise supplied complies with the goods ordered.
Obligations for refunding of payments must be fulfilled by you within 30 days. The period of time starts after dispatch of your declaration of cancellation or of the goods.
In case of a lawful exercise of the right of cancellation by the contractual partner, BDHW will refund payments already effected within 20 working days after receipt of the declaration of cancellation or the merchandise.
End of the cancellation policy
Section 6 Reservation of ownership
(1) The goods forming the subject of the contract remain the property of BDHW until they have been paid for in full.
Section 7 Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that BDHW is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to BDHW together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. BDHW must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If BDHW maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet BDHW”s high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by BDHW.
Section 8 Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, BDHW”s liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of BDHW or persons employed in performing contractual obligations for which BDHW is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which BDHW is vicariously liable, BDHW is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, BDHW”s liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 9 Concluding provisions
If individual provisions of the contract between BDHW and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions.
The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.
BDHW | Leipzig, June 2nd 2020