General Terms and Conditions (GTC)

for Orders in the Online Shop baumondi.de

  1. Applicability, Contracting Partners
  2. Conclusion of Contract
  3. Right of Cancellation
  4. Storage of the Contractual Text
  5. Delivery, Passing of Risk
  6. Prices and Shipping Costs
  7. Payment
  8. Retention of Title
  9. Warranty
  10. Limitation of Liability
  11. Contractual Language
  12. Applicable Law and Place of Jurisdiction
  13. Final Provisions

 

  1. Applicability, Contracting Partners

1.1    These General Terms and Conditions apply for all deliveries of Baumondi, Baumgartner Management Advisors GmbH, Herrenwiesstr. 7b, D-82031 Gruenwald (in the following Baumondi) on the basis of orders from its online shop at www.baumondi.de. Deviating conditions of the customer are not recognised by Baumondi, unless Baumondi expressly agreed to their applicability.

1.2    Consumers may place online orders in usual household quantities for private use via our online shop. Orders for commercial purposes are excluded.

 

  1. Conclusion of Contract

 2.1    The presentation of the products in our online shop does not constitute a legally binding offer but only a non-binding online catalogue.

2.2    After entering your personal data and by clicking the order button in the final step of the ordering process, you place a binding order of the selected goods. Prior to completion of the ordering process, you will be shown a confirmation screen with the details of your order. Here, you can once again review and correct your entries. Immediately after sending your order, you will receive via e-mail a confirmation of the receipt of your order (order confirmation). This, however, does not yet constitute an acceptance of your order but merely serves to inform you that the order has been received by us.

2.3    The purchase contract only comes about once we confirm the shipping of the goods in another e-mail (shipping confirmation). We are entitled to accept your offer within three working days.

2.4    Deviating from number 2.3, the contract will already come about earlier in the following cases:

If you have selected credit card payment as payment type, the contract comes about when your credit card is being charged upon completion of your order.

If you have selected PayPal as payment type, the contract comes about when you confirm the payment instruction to PayPal.

If you have selected instant transfer as payment type, the contract comes about when you confirm the payment instruction to your bank.

If you have selected Giropay as payment type, the contract comes about when you confirm the payment instruction to Giropay.

 

  1. Right of Cancellation

Consumers (every natural person who concludes a legal transaction for purposes which are mainly not to be attributed to his/her commercial or self-employed occupational activity, Sec. 13 BGB) are entitled to a statutory right of cancellation according to the following cancellation policy.

Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without stating any reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier has taken possession of the goods.

In order to exercise your right of cancellation you have to inform us (Management Advisors GmbH, Herrenwiesstr. 7b, D-82031 Gruenwald, telephone: +49 89 649 10 445, telefax: +49 89 649 10 447, e-mail: info@baumondi.de) by way of an unambiguous declaration (e. g. a letter sent by post, a telefax or an e-mail) about your decision to cancel this contract. You may use the enclosed sample cancellation form for this, however, this is not mandatory. In order to adhere to the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation prior to the end of the cancellation period.

Consequences of the Cancellation:

If you cancel this contract we have to repay to you without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract all payments received from you, including the shipping costs (with the exception of additional costs resulting from you having selected another type of shipping than the standard delivery offered by us). Such repayment will be effected via the same means of payment you used for the original transaction, unless expressly otherwise agreed with you. In no case will any fees be charged to you in connection with such repayment.

We may refuse repayment until we have received the returned goods or you have furnished proof that you shipped the goods, whichever date comes earlier.

You have to ship or hand over the goods without delay and in any case within fourteen days from the day on which you inform us about the cancellation of this contract. The time limit has been adhered to if you ship the goods prior to the end of the time limit of fourteen days. You bear the direct costs for the return shipment of the goods.

You only have to compensate for a possible loss of value of the goods if such loss of value is beyond the extent required for your testing of the quality, features and functions of the goods.

Exclusion of the Right of Cancellation:

The right of cancellation does not apply for contracts on the delivery of goods which are not prefabricated and for the production of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal requirements of the consumer.

In order to exercise your right of cancellation, you may use the sample cancellation form below.

Sample Cancellation Form

(If you wish to cancel the contract, please fill in this form and return it to us.)

To: Management Advisors GmbH

Herrenwiesstr.7b

D-82031 Grünwald

Telefax: +49 89 649 10 447

E-Mail: info@baumondi.de

Herewith I/we (*) cancel the contract on the purchase of the following goods (*)/the provision of the following service (*) concluded by me/us (*):

____________________________________

Ordered on (*):__.__.____ /received on (*):__.__.____.

Name of the consumer(s):

____________________________________

Address of the consumer(s):

____________________________________

____________________________________

____________________________________

Signature(s) of the consumer(s) (only if notification is printed out)

____________________________________

Date

____________________________________

(*) delete as appropriate

 

  1. Storage of the Contractual Text

For orders via our online shop the order with the order data entered by the customer will be stored by us and can be requested from us. Furthermore, the order can be viewed at any time in the personal customer account area after entering the personal access data. The order data and the GTC will moreover be transmitted within the framework of the order confirmation to the e-mail address provided by the customer.

 

  1. Delivery, Passing of Risk

5.1    We deliver exclusively to countries belonging to the European Union as well as to Russia, the United Arab Emirates and to Japan.

5.2    If possible, the customer will receive his/her order in one single shipment. Should a separate shipping be necessary for technical or logistical reasons, e.g. because the order contains articles which have to be packaged separately or transported by different means, this will not result in any additional costs for the customer.

5.3    The delivery will be made to the delivery address given by the customer.

5.4    For orders from countries outside of the European Union applies the following: Your invoice will not show value-added tax. The import turnover taxes, commissions and customs duties levied by the respective state will be levied according to the value of the goods and the weight of the shipment by the respective customs authority and if applicable are to be borne by the recipient upon acceptance of the package. Remittance fees and/or bank charges possibly accruing on the payment are to be borne by you.

 

  1. Prices and Shipping Costs

The prices stated are gross prices in Euro, including the respective valid statutory value-added tax. All prices stated are plus shipping costs, if applicable.

 

  1. Payment

The customer can pay by using the types of payment stated in our offer.

 

  1. Retention of Title

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

 

  1. Warranty

In case of defects of the delivered goods, the statutory warranty rights are applicable.

 

  1. Limitation of Liability

10.1  We are liable in case of intent and gross negligence. Furthermore, we are liable for the negligent breach of duties whose fulfilment only enables the proper performance of the contract, whose violation endangers the achievement of the purpose of the contract and on whose adherence the customer regularly relies. In the latter case, however, we are only liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of other duties than those mentioned in the preceding sentences.

10.2  The preceding limitations of liability are not applicable in case of injury to life, limb or health. The liability under the product liability law remains unaffected.

 

  1. Contractual Language

The contractual languages are German and English.

 

  1. Applicable Law and Place of Jurisdiction

Applicable is the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods, unless there are opposing mandatory international consumer protection laws.

 

  1. Alternative dispute resolution under Art. 14 Sec. 1 ODR-Regulation and § 36 VSBG (Germany)

The European Commission is providing an online dispute resolution website which you can access under http://ec.europa.eu/consumers/odr/. However, we are neither obligated nor generally willing to participate in any dispute resolution procedure before a dispute resolution body.

 

  1. Final Provisions

 Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions.

 

May 17th 2016