Conditions of Use
Terms & Conditions
1. Scope of Application2. Explanation of the Ordering Process, Meaning of Ordering for the Customer
3. Conclusion of Contract
4. Gift Vouchers
5. Storage of Contract Text
6. Reservation of Proprietary Rights and Right of Retention
7. Prices, Shipping Costs, Revocation
8. Delivery Terms
9. Terms of Payment
10. Regulation for the individual online sales of our dealers
11. Warranty
12. Liability
13. Privacy
14. Applicable Law
1. Scope of Application
1.1 The following general terms and conditions apply to all contract conclusions via this online shop between the Bavarian Caps GmbH on one side and consumers and business owners (customers) on the other side. Deviating terms and conditions shall not apply without written consent of the Bavarian Caps GmbH.
1.2 A consumer is any natural person who concludes a legal transaction with an objective, which can be attributed neither to his or her commercial activities nor self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership that in concluding a legal transaction is acting in the execution of its commercial or self-employed professional activity. A legal partnership is a partnership that is equipped with the ability to acquire rights and incur liabilities.
1.3 Contracts with the customer shall be concluded solely in German or English Language, depending on whether the customer submits the order on the German or English version of the webshop. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Explanation of the Ordering Process, Meaning of Ordering for the Customer
2.1 The offer of our online shop is in itself not an offer to conclude a contract. All goods are displayed without obligation. Rather, it is an invitation to the customer to make an offer. The customer can make a legally binding offer to conclude a purchase contract (order) by the online shop cart system.
2.2 When ordering at our online store, the ordering process includes a total of four steps until the legally binding order - depending on the method of payment.
2.2.1 Step 1: The customer selects the desired goods and stores them in the cart. Using the navigation link "Shopping Cart", the customer can view and edit his current cart.
2.2.2 Step 2: Using the navigation link "Checkout", the customer can specify his client data, including billing address and, if necessary, a different delivery address, and select payment and shipping conditions. For this purpose, the customer can use already registered login data, register as new customer or order as guest.
2.2.3 Step 3: Thereupon all information provided by the customer as well as selected delivery and shipping conditions will be displayed correctable at any time for review.
2.2.3.1 If the customer wants to use "PayPal-Express", he has to select PayPal as method of payment at "Shipping & Payment". If he clicks "Order with costs" at "Confirmation", he is directed to the external PayPal-Service that is integrated in the online shop. Once the customer has signed up under the conditions of PayPal, his client and invoice data being ready at PayPal will be visualized. After the payment transaction has been carried out at PayPal, the customer is redirected to the online shop. Until then, the ordering process can be canceled at any time.
2.2.3.2 If the customer wants to use "Prepayment / Transfer", our bank details for the transfer of the invoice amount will be sent by e-mail. The ordering process can be canceled at any time up to this point.
2.2.4 Step 4: By clicking on "Order with costs" the customer can send a legally binding offer.
3. Conclusion of Contract
3.1 By ordering, the customer submits a binding offer to us for conclusion of a contract. The customer is bound by this order for three days. During this time we check his offer and our delivery capability.
3.2 We can accept this offer by sending an order confirmation to the customer via e-mail or by delivering the ordered goods ordered. Two steps have to be distinguished:
3.2.1 First, the customer receives a receipt confirmation of his order by e-mail to his specified e-mail address (automated arrival notice). This notice does not constitute the acceptance of the customer's offer.
3.2.2 A purchase contract is only concluded with the dispatch of our order confirmation by e-mail to the customer or with the delivery of the ordered goods.
3.3 If the customer doesn't receive an order confirmation within three days, he is no longer bound by his offer. An order confirmation after this period constitutes a new offer to the customer by us, which the customer then can accept by payment or otherwise implied.
3.4 The customer has to ensure that his specified e-mail address is suited to process the contractual partnership, e.g., in order to meet any deadlines. In particular, it is pointed out to check the spam regulation.
4. Gift Vouchers
4.1 Gift vouchers can be bought at the webshop. You receive the voucher-code analogously to a goods order via email.
4.2 You can only buy products from our webshop with your voucher. You cannot buy another voucher with your voucher. If your voucher deposit is not sufficient for the purchase, you can pay the remaining balance with the modes of payment offered at the webshop.
4.3 Gift vouchers can only be used before the completion of the ordering process. Your voucher deposit cannot be payed out. Voucher deposits do not bear interest. The voucher deposit can be checked and redeemed at the webshop.
5. Storage of Contract Text
5.1 After the completion of an order, the contract text will be stored by us and sent to the customer with the valid terms and conditions at the time of the bidding in writing (mail / letter / fax) in the automated arrival notice of his order as well as in the order confirmation. The customer can save the contract data electronically before sending the order and print it by clicking "Print" in step 4 of the order.
5.2 After completing the ordering process however, the customer can no longer retrieve the contract text of his order at the online shop.
6. Reservation of Proprietary Rights and Right of Retention
A distinction is made between consumers (A.) and businesses (B.)
A. Consumer
1. We reserve title to the goods delivered by us until the purchase price (including VAT and shipping costs) for the goods in question has been paid in full.
2. The consumer is not entitled to resell the goods delivered by us which are subject to retention of title without our prior written consent. In the event of a possible resale, the consumer hereby assigns to us the claims from the resale up to the amount of the purchase price to be paid to us plus a surcharge of 20%. We hereby authorise the consumer to collect the claims assigned in this way in the normal course of business, whereby we may revoke this authorisation at any time in the event of default of payment by the customer.
B. Business
3. The following agreed retention of title serves as security for all existing current and future claims of the seller against the purchaser arising from the supply relationship between the contractual partners regarding goods directly purchased from Bavarian Caps GmbH (including balance claims from a current account relationship limited to this supply relationship).
4. The goods delivered by the seller to the buyer remain the property of the seller until full payment of all secured claims. The goods as well as the goods covered by the reservation of title taking their place according to this clause are hereinafter called reserved goods.
5. The buyer shall store the reserved goods free of charge for the seller.
6. The buyer is entitled to sell the reserved goods in the ordinary course of business until the event of realisation (paragraph 8). Pledges and transfers by way of security are not permitted.
7. In the event of resale of the reserved goods, the purchaser hereby assigns to the seller by way of security the resulting claim against the purchaser. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims in tort for loss or destruction. The seller revocably authorises the buyer to collect the claims assigned to the seller in his own name. The seller may only revoke this direct debit authorisation in the event of realisation.
8. If third parties seize the reserved goods, in particular by attachment, the buyer shall immediately inform them of the seller's ownership and inform the seller thereof in order to enable him to enforce his ownership rights. If the third party is not in a position to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable to the Seller for this.
9. The seller will release the reserved goods as well as the objects or claims taking their place on request and at his discretion, insofar as their value exceeds the amount of the secured claims by more than 50%.
10. If the seller withdraws from the contract in the event of breach of contract by the buyer - in particular default of payment - the seller is entitled to demand return of the reserved goods.
7. Prices, Shipping Costs, Revocation
7.1 All prices are final prices, they include VAT. The customer has to bear customs duties and similar taxes. Dealer prices do not apply to private use, but merely for the resale.
7.2 Shipping costs are as followed:
7.2.1 within Germany we will bear the shipping costs from 15€.
7.2.2 within Europe unless specified differently during the ordering process: shipping only on request by e-mail to bestellung@bavarian-caps.com. Conditions will then be negotiated.
7.2.3 other foreign countries: see section 7.2.2.
7.3 The customer bears the return costs upon revocation, regardless of the value of goods. We point to our revocation instruction and model revocation form that can be found in paragraph 4, in the attachment of the order confirmation and in the lower navigation bar in our webshop.
7.4 In accordance with Art 312 g II 1 no. 9 BGB the right of revocation does not apply to services provided in areas of recreational activities, as tickets for events. All orders are binding and commit the customer to purchase. Otherwise, § 312 g II also applies.
7.5 Any customer who is a consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy. Revocation instruction and model revocation form:
| Instructions on withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Bavarian Caps GmbH, Hohlweg 25, 93309 Kelheim) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The right of withdrawal does not apply to the following contracts: * Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. * Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. --- Attachment: Model withdrawal form --- Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) - To: Bavarian Caps GmbH Heribert Sänger Hohlweg 25 93309 Kelheim Deutschland E-Mail: info@bavarian-caps.com - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), ___________________________________________________________________________ ____________________________________________________________________________ - Ordered on (*)/received on (*), ________________________________________________ - Name of consumer(s), ________________________________________________ - Address of consumer(s), ________________________________________________ - Signature of consumer(s) (only if this form is notified on paper), ________________________________________________ - Date _____________________________ ___________ (*) Delete as appropriate. |
8. Delivery Terms
8.1 The delivery periods are as specified at the time of the ordering process, starting at receipt of payment. By delivery on account or direct debit payment, the delivery period starts with our acceptance of the contract.
8.2 Delivery periods are usually:
8.2.1 within Germany: 3-4 days
8.2.2 within Europe unless specified differently during the ordering process: shipping only on request by e-mail to bestellung@bavarian-caps.com. Conditions will then be negotiated.
8.2.3 other foreign countries: see section 8.2.2.
8.3 Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
8.4 We shall only be obliged to properly and timely deliver the product to the carrier, and shall not be responsible for any delays which are caused by the shipping company.
8.5 If the customer is consumer, the risk of accidental loss and accidental worsening of commodity transfers to the customer and this risk transfer also in case of delivery purchase at the time of delivery of commodity or the customer defaults on acceptance. In all other cases the risk is transferred to the customer at the time of the delivery of the goods to the forwarding agent.
9. Terms of Payment
9.1 We offer different payment options at the ordering process.
9.1.1 Prepayment
9.1.2 PayPal
9.1.3 Credit card
9.1.4 SEPA direct debit
9.1.5 Invoice (at dealers)
9.2 Unless agreed otherwise, all payment claims are due immediately.
9.3 In the event that we have agreed to payment after delivery, our invoices shall be due and payable
by the customer within 30 days upon receipt of the product and the invoice.
10. Regulation for the individual online sales of our dealers
An online sale of our products is only permitted by us on in-house online shops operated by the buyer himself. In particular, resale on marketplace platforms is not permitted without permission.
11. Warranty
11.1 In the event of a defect of the delivered product, the customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the customer is a business customer. This choice can only be made by way of providing notification in text form (including by fax or e-mail) to the customer within three working days of having been notified about the defect. We may refuse the terms of fulfilment chosen by the customer, if it is only possible with a disproportionately effort.
11.2 If the supplementary performance option outlined in clause 10.1 fails or is unacceptable to the customer or we refuse the supplementary performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, reduce the purchase price or demand compensation or reimbursement of its wasted expenditure.
11.3 The warranty period for consumers shall be two years from the date of delivery of the goods, otherwise 12 months from the date of delivery.
11.4 The following conditions are applicable only to business persons: The customer must inspect the goods after their arrival without delay. The delivered product shall be deemed to be approved by the customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
12. Liability
12.1 Our liability for negligence (other than for gross negligence) resulting from late delivery shall be limited to an amount equal to (10)% of the aggregate purchase price (including VAT).
12.2 We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. Our liability shall be also excluded for damages resulting from loss of data, if it is not possible to recreate them or if this is made more difficult as a result of you having inadequate or no data backup. The above limitations shall not apply in case of gross negligence or intentional misconduct.
12.3 These restrictions as stipulated under 11 do not apply for our liability against guaranteed characteristic of state of the products in the sense of Art 444 BGB, for damage to life, body or health or as per the stipulations provided under the Product Liability Act.
13. Privacy
In compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG), we use personalized customer data, such as names, addresses, telephone number, e-mail exclusively for order processing and after consent for the newsletter, from which you can unsubscribe at any time. Detailed information can be found in the lower navigation bar of the webshop at "Privacy".
14. Applicable Law
14.1 Only the law of the Federal Republic of Germany applies. The validity of the UN Sales Convention (CISG) is excluded. This applies for customers only insofar as no compelling statutory provisions of the country in which he has his domicile or habitual residence are restricted.
14.2 If the customer is a businessman, a legal person or a special asset under public law, the exclusive jurisdiction for all claims arising from or in connection with the contractual relationship is Kelheim.