Our terms and conditions
§ 1 Validity of the terms of contract
(a) These business terms are valid for both consumers and entrepreneurs, whereby partially different regulations and rights may result (see below). Purchaser`s terms opposed or to divergent from these business terms are only recognized in the case of explicit written assent of the seller.
(b) Should the purchaser also be an entrepreneur, these business terms are valid for all future deals with the purchaser, inasmuch as it being a question of related legal actions.
§ 2 Conclusion of contract, registration, suspension, cancellation and termination
(a) With the mailing of the online order for the contents of an assortment, the purchaser makes a bindig offer for the conclusion of a correspondent bill of sale with the seller. Thereupon, he will receive a written bill of entry from the system. This is not yet to be regarded as an acceptance of his offer. Acceptance will be declared either in an explicit declaration thereof by either the seller or his executing aides, or by delivery of the wares.
(b) All sales, either verbal by Telephone or agreements made with our agents, shall be legally binding to us only when acknowledged in writing.
(c) The details and information on Bedfordteile Schüttemeyer’s website are not binding. By placing an order, customers are making a binding offer to purchase. Bedfordteile Schüttemeyer has a period of two weeks during which it can specifically state that it has accepted the offer. Despatching the goods ordered within this period is the same as a specific statement of acceptance. Simply confirming receipt of the order does not represent a statement of acceptance.
(d) Users have to register in order to be all to take advantage of all of the services provided by Bedfordteile Schüttemeyer’s website. Registration itself is free of charge. It is accomplished by opening an account and agreeing to these terms and conditions. Registration creates a contract between Bedfordteile Schüttemeyer and the user in relation to use of the Bedfordteile Schüttemeyer website (hereinafter referred to as the ‘Usage Contract’).
(e) All data requested by Bedfordteile Schüttemeyer during the registration process is to be given accurately and in full, e.g. first and last name, current address and telephone number, a valid e-mail address, plus company name, if relevant. If any changes occur subsequent to registering in respect of any of the data that the user has to provide at that time, then the user has an obligation to correct the data for Bedfordteile Schüttemeyer without delay.
(f) When registering, users select a password. This password must be kept secret and may not be passed under any circumstances to anyone else.
(g) In principle, there is no reason why each user may not open multiple accounts. Inappropriate use of multiple accounts, however, is forbidden.
(h) Bedfordteile Schüttemeyer has the right to suspend a user’s account if the user is in violation of the provisions of these terms and conditions or in the course of using the Bedfordteile Schüttemeyer website violates applicable legislation. In particular, Bedfordteile Schüttemeyer has the right to suspend an account if a user
- has registered under false details
- breaches the rights of any third party in connection with his or her use of the Bedfordteile Schüttemeyer website, or
- misuses services provided by Bedfordteile Schüttemeyer.
(i) As soon as a user’s account has been suspended, the user is no longer permitted to use the Bedfordteile Schüttemeyer website and may nor re-register without Bedfordteile Schüttemeyer’s specific consent.
(j) Users may terminate a ‘Usage Contract’ at any time. Termination can be notified by a simple written message to Bedfordteile Schüttemeyer Alte Bockradener Str.320 49479 Ibbenbüren, Germany or an e-mail to firstname.lastname@example.org
§ 3 Delivery
If a customer orders more than one item, which due to an inability to deliver everything at once cannot be sent out together, Bedfordteile Schüttemeyer will deliver the goods in partial deliveries as and when they are available, unless due to any functional way in which the items go together or for any other reasons it is apparent that partial delivery would not be in the customer’s interest. The flat rate delivery cost will only be charged to the customer once.
§ 4 Payment
(a) The purchase price and prices for additional service are due when the merchandise is handed out or the invoice is transmitted.
(b) The purchaser can up-count only then against the seller`s claim, if the counterclaim of the purchaser is undisputed of if a valid claim is present. He can only urge a right of reserve so far as it is based on claims from his bill of sale.
(c) All goods delivered shall remain our property until completely paid for. In the event of resale the respective selling price shall be considered assigned to us and shall be remitted to us immediately upon receipt of payment.
(d) Complaint shall be accepted only within two weeks following delivery and shall be submitted to us free of postal charges. If complaints are recognized by us the goods shall be taken back by us for exchange or reimbursement. All other claims shall be excluded.
(e) We are not responsible for any goods returned to us without our prior consent.
(f) Shutdowns of any kind, also at our suppliers, shall release us free from our delivery obligations during the duration of the shutdown. Other influences beyond our control shall entitle us to cancel our agreements in part or in full
(g) In case the purchaser does not accept the delivery or the delivery cannot be executed by purchaser’s means, we are allowed to withdraw from the obligation of delivery and are allowed to charge 25% of the order volume to cover our expenses.
(h) Place of venue for delivery, payment and of jurisdiction shall be Hamburg.
(i) The contractual relationship arising from the business is subject to German law.
§ 5 Right of revocation
(a) If the buyer is a consumer, he has a right to revoke his intention to sign a contract within two weeks. A reason is not necessary. The period of revocation begins on receipt of the online order and ends with the consignment of the wares. To maintain the period of revocation, it is sufficent to consign a written revocation in time or to send back the wares ordered.
(b) The revocation has to be addressed to: Bedfordteile Schüttemeyer, Alte Bockradener Str.320 49479 Ibbenbüren Germany
(c) In the case of an effective revocation,performances which have been received by both parties have to be restored and, if necessary, benefits drawn have to be handed out. Thereby the purchaser commits himself to send back the already received goods to the address listed under paragraph 2, within an appropriate period, as a rule, within a term of seven calender days after the period of revocation has expired.
(d) The return in the case of an effective revocation is done at expense and risk of the seller. There is an exception for orders with a purchase order value up to 40 EUR. Here the purchaser bears the cost of the return. For logistic reason, the return has to be free, dispatch costs will be refunded afterwards.
(e) If the buyer cannot return the received performance completely or partly or only in deteriorated condition, he is obliged to restore the value to the seller. This does not apply, if and so far as the deterioration of the object exclusively results from its examination - like it would have been possible in a shop. For the rest, the customer can avoid indemnification according to value obligation by not taking the object into use like an owner and by abstaining from doing anything that might affect its value.