General Terms and Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Heiko Fritz) via the website www.bmoa-shop.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Heiko Fritz) via the website www.bmoa-shop.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) 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 attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§2 Formation of the Contract
(1) The subject of this contract is the sale of goods.
§2 Formation of the Contract
(1) The subject of this contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order details are displayed again on the order overview page. If you use an instant payment system (e.g., PayPal/PayPal Express, Amazon Payments, Postpay, Sofort), you will either be taken directly to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider. Once you are redirected to the respective instant payment system, please make the appropriate selections and enter your data there. Finally, you will be redirected back to the order overview page in our online shop. Before submitting your order, you have the opportunity to review all the information again, make changes (including using your browser's "back" button), or cancel the purchase. By submitting your order via the "Place order" button, you legally accept the offer, thereby concluding the contract.
(4) Your inquiries regarding the creation of an offer are non-binding. We will then submit a binding offer to you in written form (e.g., by email), which you can accept within 5 days.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not blocked by spam filters.
§3 Individually Designed Goods
(1) You shall provide us with the necessary information, texts, or files for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(1) You shall provide us with the necessary information, texts, or files for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.
(3) We do not review the transmitted data for accuracy and therefore assume no liability for errors.
§4 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
§6 Choice of Law
(1) German law shall apply. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§7 Youth Protection
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Any existing age restrictions are indicated in the respective product description.
(1) German law shall apply. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§7 Youth Protection
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Any existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your name and address details are correct. You are obligated to ensure that only you or persons authorized by you to accept the delivery, who have reached the legally required minimum age, receive the goods.
(3) If we are legally obligated to perform an age verification, we instruct the logistics provider commissioned with the delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to request to see the identity card of the person receiving the goods for age verification purposes.
(2) (4) If, in the respective product description, we specify that you must be 18 years of age or older to purchase the goods, in addition to the legally required minimum age, paragraphs 1-3 above shall apply, with the proviso that the legally required minimum age is replaced by the age of majority.
1. Seller's Identity
Dipl.-Betriebswirt (FH)
Dipl.-Wirtschaftsinformatiker (FH)
Heiko Fritz
Lange Str. 38
18461 Richtenberg
Deutschland
Telefon: +49 38322 579023
E-Mail: kontakt@barther-metal-openair.de
Dipl.-Betriebswirt (FH)
Dipl.-Wirtschaftsinformatiker (FH)
Heiko Fritz
Lange Str. 38
18461 Richtenberg
Deutschland
Telefon: +49 38322 579023
E-Mail: kontakt@barther-metal-openair.de
2. Information on Contract Formation
The technical steps leading to the conclusion of the contract, the contract itself, and the correction options are governed by the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).
The technical steps leading to the conclusion of the contract, the contract itself, and the correction options are governed by the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1 The contract language is German.
3.2 We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3 For inquiries outside of the online shopping cart system, you will receive all contract details in the form of a binding offer in written form, e.g., by email, which you can print or save electronically.
3.1 The contract language is German.
3.2 We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3 For inquiries outside of the online shopping cart system, you will receive all contract details in the form of a binding offer in written form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1 We have committed to the Buyer Seal quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
4.1 We have committed to the Buyer Seal quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1 The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2 The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
6.3 The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
6.4 Unless otherwise stated for the individual payment methods, payment is due immediately upon conclusion of the contract.
6.1 The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2 The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
6.3 The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
6.4 Unless otherwise stated for the individual payment methods, payment is due immediately upon conclusion of the contract.
7. Delivery Terms
7.1 The delivery terms, delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2 If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
7.1 The delivery terms, delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2 If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
8. Statutory Warranty Rights
The warranty is governed by the "Warranty" section in our General Terms and Conditions (Part I).
The warranty is governed by the "Warranty" section in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the IT law specialists of the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters.
Further information can be found at https://www.haendlerbund.de/agb-service .