Terms and Conditions

Scope, General

These General Terms and Conditions of Bauzaunwelt (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. Any conflicting terms and conditions of the Customer are expressly excluded unless the Seller expressly agrees to their validity in writing.
For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business entity, for the purposes of these terms and conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
The seller provides all services exclusively on the basis of the following General Terms and Conditions in their version valid at the time of the order. The seller is entitled to amend or supplement these General Terms and Conditions, including any appendices, at any time.

Conclusion of contract

The product descriptions in the seller's online shop merely constitute a non-binding offer from the seller and serve as an invitation to the customer to submit a corresponding purchase offer. The customer can submit the purchase offer via the online order form integrated into the seller's online shop.
Contracts are formed upon receipt of our written order confirmation. The order confirmation and our General Terms and Conditions govern the content of the contract. Any deviations from these terms require the seller's express written confirmation.
The German language is the only language available for concluding the contract.

Subject of the contract

The subject of this contract is the products specified in the customer's order and listed in the order confirmation at the prices stated in the online shop, plus any applicable shipping costs. The product information, including images, weights, and dimensions used to describe the goods, does not necessarily represent the actual item accurately but serves for illustrative purposes and does not constitute a guarantee of characteristics or warranties. The manufacturer reserves the right to make technical changes without prior notice. Errors and omissions excepted. If products are temporarily or permanently unavailable, the seller will inform the customer.

Prices

All prices are net prices plus statutory VAT for self-collection at our warehouse in 07318 Saalfeld/Saale. Delivery costs are additional and will be shown separately in the order confirmation or shopping cart.
For payments within and outside of Germany, the seller offers the following payment options:
Advance payment by bank transfer - the customer will receive a payment request; after receipt of payment, the goods will be shipped.
Cash payment upon self-collection at the warehouse, without charge for delivery costs.
Payment via PayPal - the goods will be shipped after PayPal has confirmed receipt of payment.

Delivery terms

Delivery will be carried out as described in the respective purchase agreements by a forwarding agent commissioned by Bauzaunwelt ; the delivery address specified is decisive for the delivery.
Shipping costs are displayed in the shopping cart before order completion and apply exclusively to mainland Germany. Additional costs, island deliveries, or shipping costs not shown separately will be communicated in a separate order confirmation.
If you cannot be found at the delivery address you provided, you will be in default of acceptance of the service.
If you are in default of acceptance or culpably breach other obligations to cooperate, we are entitled to claim compensation for the resulting damage, including any additional expenses (e.g., wasted travel). Further claims remain reserved. Provided the aforementioned conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to you at the moment you are in default of acceptance or payment. In the event of refusal of acceptance resulting in a return, the customer bears the costs.
This does not apply if the customer exercises their right of withdrawal by refusing acceptance.
The customer is responsible for ensuring that unloading is possible at the delivery address. A forklift and/or sufficient personnel should be available for unloading. Transport to the point of use must be carried out by the customer.
The standard delivery time is 2-10 working days for freight shipments and 2 to 3 working days for parcel services, and is shown in the order process (shopping cart, selection of delivery methods).
However, the standard processing time for all orders may be extended to 2 to a maximum of 6 weeks during peak seasons, depending on vehicle utilization.

Transfer of risk and retention of title

If the customer accepts the delivered item, the risk of loss, damage, or deterioration of the item passes to the customer upon acceptance. In the case of shipment, the risk of loss, damage, or deterioration of the item passes to the customer at the time the goods are handed over to a freight forwarder or carrier, but at the latest upon leaving the factory or warehouse, even if partial deliveries or partial payments are made.
If the delivery item is ready for shipment and the shipment or acceptance is delayed for reasons beyond the seller's control, the risk passes to the customer upon receipt of the notification of readiness for shipment.
The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been fully settled.
The customer is obligated to treat the goods with care until ownership is transferred. Furthermore, the customer is obligated to report any damage, theft, or destruction of the goods immediately.
The seller is entitled to withdraw from the contract and demand the return of the goods if the customer breaches the contract, in particular in the event of late payment or in the event of a breach of obligations under the statutory regulations.

Warranty and defects

The warranty is governed by statutory provisions, subject to the following regulations. The customer must inspect the delivery immediately upon receipt for completeness, damage, and defects. In the event of damage to the ordered goods, incorrect deliveries, or incomplete deliveries, the customer must notify the seller immediately, and this must be acknowledged on the delivery note. The customer must report any delivered goods with obvious transport damage to the delivery service (freight forwarder or Bauzaunwelt ) and obtain written confirmation from the delivery service; and must also inform the seller accordingly. If the purchased item is defective, the statutory provisions apply. If the customer is a company/legal entity, a minor defect generally does not give rise to any warranty claims; the seller has the right to choose the method of subsequent performance; the limitation period for defects in new goods is one year from the transfer of risk; for used goods, rights and claims due to defects are generally excluded, and the limitation period does not restart if a replacement delivery is made within the scope of the warranty. If the customer is a consumer, the statutory provisions apply. For both businesses and consumers, the aforementioned limitations regarding defects and limitation periods do not apply to claims for damages and reimbursement of expenses that the buyer may assert under statutory provisions due to defects, subject to the liability described below. Furthermore, for businesses, the statutory limitation periods for recourse claims under Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to both businesses and consumers in cases of intentional breach of duty and fraudulent concealment of a defect. If the customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed accepted. If subsequent performance is effected by way of replacement delivery, the customer is obligated to exchange the originally delivered goods with the seller within 30 days of subsequent performance. Should this not be possible, the defective goods must be returned in accordance with statutory provisions.

Liability

If the seller negligently breaches a fundamental contractual obligation, liability is limited to damages that are typically associated with the contract and foreseeable by the seller at the time of its conclusion. Otherwise, the seller is not liable for simple negligence in breaching essential ancillary contractual obligations. These limitations of liability also apply to the liability of the seller's legal representatives, executive employees, and other agents.
Any further liability is excluded, regardless of the legal nature of the claim asserted.
The seller is therefore not liable for damages that did not occur to the delivered item itself. Furthermore, the seller is not liable for lost profits or other financial losses incurred by the user.
The foregoing limitation of liability does not apply to breaches of contract based on intent or gross negligence, or in cases of injury to life, body, or health. Furthermore, the limitation of liability does not apply to damages covered by product liability law.
To the extent that liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and agents.

Right of withdrawal

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity:
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which they acquire, or a third party other than the carrier and indicated by them acquires, physical possession of the last goods.
To exercise the right of withdrawal, the customer must inform the seller ( Bauzaunwelt ; Vor der Heide 64; 07333 Unterwellenborn) of their decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period expires.

Exceptions to the right of withdrawal

Our printed advertising banners are custom-made for you. The right of withdrawal expires upon commencement of production. (Production begins with the transfer of the print data from the customer to the supplier).

Consequences of the revocation

If the customer cancels the contract, the seller must reimburse all payments received, including delivery costs (excluding any additional costs incurred if a delivery method other than the cheapest standard delivery offered was chosen), without undue delay and no later than fourteen days from the day on which the notification of cancellation of this contract was received. For this reimbursement, the seller will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this reimbursement.
The seller may refuse to issue a refund until they have received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.
The customer must return or hand over the goods without undue delay and in any event no later than fourteen days from the day on which they inform the seller of their withdrawal from this contract. The deadline is met if the customer sends the goods before the fourteen-day period has expired.
The customer bears the direct costs of returning and storing the goods. For goods that, due to their nature, cannot normally be returned to the seller by mail (freight forwarding goods), the direct costs of return shipping will be estimated. We will provide a separate quote for the return; the costs are estimated at a maximum of €900. The customer is free to ship the goods themselves, subject to liability.
He is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for testing their condition, properties and functionality.
There is no right of withdrawal for products that have been manufactured according to customer specifications or are clearly tailored to personal needs. Furthermore, there is no right of withdrawal if the products are no longer in their original packaging, are incomplete, or are in a condition that is no longer saleable.

General information

Please avoid damaging or soiling the goods; please ensure adequate protection against transport damage with suitable packaging.
Please do not return the goods to us freight collect if possible.
Please note that the aforementioned points 1-2 are not prerequisites for the effective exercise of the right of withdrawal.

Final Provisions

We accept no liability or responsibility for printing errors or description errors.
All legal relations between seller and customer are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods.
The exclusive place of jurisdiction for all disputes arising from any contracts is the seller's place of business.
The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.

Should any provision of these General Terms and Conditions be or become invalid or contain gaps, the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provisions.