General Terms and Conditions

BaSt-Ing GmbH – General Terms and Conditions for Business Customers (Version 08.07.2019) Table of Contents

• § 1 Scope and contracting party
• § 2 subject of the contract
• § 3 contract, order data
• § 4 cancellation policy
• § 5 reservation of availability
• § 6 delivery, shipping costs
• § 7 prices, terms of payment
• § 8 warranty, guarantee
• § 9 liability
• § 10 retention of title
• § 11 Choice of law, place of jurisdiction, set-off, severability clause
• § 12 Imprint

§ 1 Scope and contractor

1.1. Contracting party for all orders is BaSt-Ing GmbH hereinafter referred to as “BaSt-Ing”. The eligible address and other contact details are printed at the end of these terms and conditions under §12.

1.2. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs in accordance with §14 Abs. 1 BGB.

1.3. For all mutual claims arising out of and in connection with the conclusion of a contract between the customer and BaSt-Ing, these General Terms and Conditions apply to business customers in their version valid at the time of the respective contract conclusion, including the special terms and conditions of BaSt-Ing for the various services. that do not involve a goods order. The special terms and conditions for this are in the respective services offered.

1.4. Other conditions do not become part of the contract, even if BaSt-Ing does not expressly disagree with any inclusion declared by the customer. A consent to the inclusion of conditions of the customer is also not in the provision of the agreed service, their unconditional receipt or payment of the agreed fee.

§ 2 subject of the contract

2.1. BaSt-Ing delivers the goods ordered by the customer or provides services as part of the acceptance of the offer. Misprints and mistakes are reserved. Technical changes in the sense of a technical progress as well as customary deviations in form, color and weight remain, as far as the ordered quality and functionality is not deviated. For the rest, § 434 para. 1 sentence 3 BGB applies.

2.2. If BaSt-Ing subsequently detects a mistake in the information on a product, the price or the ability to deliver, BaSt-Ing will inform the customer immediately. He can confirm the order again under the changed conditions. Otherwise BaSt-Ing is entitled to withdraw from the contract. Already received payments will be refunded immediately after a withdrawal from the contract BaSt-Ing.

§ 3 contract, order data

3.1. Please note that offers can be limited in our online shop, details can be found in the respective product description.

3.2. The contract is concluded in German and comes about through acceptance of the customer order by BaSt-Ing. The acceptance by BaSt-Ing takes place with the receipt of the goods by the customer after sending the goods or with the execution of the service by the customer by BaSt-Ing. After ordering in the online shop, BaSt-Ing will immediately confirm receipt of the order electronically. An acceptance of the contract can not be seen in this confirmation of receipt of the order. An order can be placed via the contact form, by phone, by fax or directly in the online shop of BaSt-Ing. Orders are placed in the online shop by the customer:

1. placing items in the shopping cart,
2. logs with his delivery and payment data on the field “new customer with customer account”, calls his stored data on the field “regular customer” or ordered as a “guest”,
3. checks the order data for accuracy at the checkout,
4. at the end click on the button “send order”. Thus, the customer makes a binding offer. Telephone and fax numbers are printed under §14.

3.3 The data and the status of the order are stored and can be viewed by the customer after registration with customer account in the online shop in the personal area under the heading Order overview or, if no customer account has been set up, by calling the number 08042-50631-0. Availability: Mo. – Fr., 8:00 – 19:00 (CET).

§ 4 Cancellation Policy

4.1. Withdrawal
The customer can return all goods purchased from BaSt-Ing within 14 days without giving reasons. BaSt-Ing grants this right of revocation to the customer on a voluntary basis and does not restrict its legal rights, in particular from the guarantee. The period begins with the receipt of the goods at the customer, to meet the deadline, the timely dispatch is sufficient.

4.2. Consequences In the case of an effective cancellation, the mutually received benefits and any benefits (such as interest) surrendered. If the customer can not wholly or partially return the received service or only in a deteriorated condition, he must compensate BaSt-Ing for compensation. In the case of the surrender of things, this does not apply if the deterioration of the thing is due solely to their examination – as it would have been possible for the customer in a shop, for example. Incidentally, the customer can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as his own property and refraining from anything that impairs its value. Parcel shipping items are to be returned at the risk of BaSt-Ing. The customer has to bear the costs of the return, if the delivered commodity corresponds to the ordered and the price of the thing to be returned does not exceed an amount of 40 euros or the customer with a higher price of the thing at the time of the revocation does not have the consideration or a contractually agreed partial payment. Otherwise, the return is free. Obligations to reimburse payments must be made within be fulfilled by 30 days. The period begins for the customer with the dispatch of the revocation or the thing, for BaSt-Ing with their receipt.

4.3. Exceptions
The right of withdrawal does not exist:

• in the case of deliveries of goods that have been manufactured according to customer specifications for Example SpaltFast-log-splitter or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can quickly spoil or whose expiration date is exceeded,
• in the case of delivery of audio or video recordings or of software, provided that the delivered data carrier has been unsealed by the customer,
• for delivery outside of Germany,
• for the delivery of newspapers, magazines and magazines. In the case of a service, the customer’s right of revocation expires prematurely if BaSt-Ing has commenced the execution of the service with his express consent before the end of the revocation period, or if he has initiated this himself.

4.4. Further notes regarding storage media Before returning devices with storage media (eg hard disks, USB sticks, mobile phones, etc.), the following instructions must be observed: The customer is always responsible for backing up the data. Corresponding backup copies are to be created to delete contained personal data. This is particularly important if personal data of third parties are stored. If deletion due to a defect is not possible, the presence of personal data must be expressly indicated by a clearly visible note on the return consignment note.

§ 5 reservation of availability

If BaSt-Ing determines upon receipt of the order or after conclusion of the contract that the ordered goods or services are no longer available from BaSt-Ing or can not be delivered for legal reasons, the customer will be informed immediately. In this case, BaSt-Ing can offer the customer a product or service of equivalent quality and price, but there is no obligation to accept such an offer. Already received payments will be refunded to BaSt-Ing immediately.

§ 6 Delivery, Shipping Costs

6.1. Information on delivery times and current shipping costs can be found on the page Delivery options and in the notes on the offers in the online shop. In case of delivery delays you will be informed immediately.

6.2. Articles in which a bulky goods surcharge is charged for transport are only delivered to the curb. A transport to the living or business premises can then only be made for products that are marked with a corresponding note on the product detail page and must be ordered separately in the order summary as an accessory.

6.3. Subject to a correct and timely self-delivery, BaSt-Ing will ensure fast delivery. If only part of the order can not be delivered immediately, the remaining goods will be reimbursed without any charge for shipping costs.

6.4. Deliveries are made only within Germany, a pickup of the goods is unfortunately not possible.

§ 7 Prices, terms of payment

7.1. The prices in the business customer area of ​​the online shop are net prices, to which additionally the valid legal value added tax of 19% has to be paid. Should an increase in value added tax occur, BaSt-Ing is obliged to calculate the increased VAT rate. For price increases on the book market BaSt-Ing is obliged to pass on due to the price fixing.

7.2. The prices stated in the shopping basket or at the cash register apply, these are – subject to any price increases due to increased manufacturing or procurement costs – binding, unless there are typing or calculation errors. BaSt-Ing will inform the customer about the price increases that have occurred in the meantime. In this case, the list price is valid on the day of receipt of the customer order. The customer can then confirm his offer at the changed price. Otherwise BaSt-Ing is entitled not to accept the order.

7.3. In addition to the net price for the goods, the invoice will include the prices for additional services: packaging, shipping, premium shipping, etc. as well as the VAT valid at the time of invoicing.

7.4. The period of validity of temporary offers is always indicated where the goods are displayed in the shop. Despite careful stocking, it can happen that an action item is sold out faster than expected. Therefore, we do not guarantee delivery. It is valid: Only while stocks last!

7.5. The customer can choose between the following payment methods:

1. Invoice
2. Direct debit
3. Prepayment
4. Sofortüberweisung
5. Credit card payment

7.6. Claims of BaSt-Ing are due after 16 days from the date of invoice.

§ 8 Warranty, Guarantee

8.1. BaSt-Ing warrants that the products are free of material and legal defects according to §§ 434, 435 BGB at the time of the transfer of risk.

8.2. If delivered goods have obvious material or manufacturing defects, including transport damage, the customer is asked to make such a complaint to BaSt-Ing. However, the omission of this complaint has no consequences for its statutory claims. Incidentally, the statutory provisions in §§ 434 ff.

8.3. The warranty period is two years. It begins with the arrival of the goods at the customer. When purchasing goods marked as such (items returned to BaSt-Ing within the framework of the right of revocation), the warranty period is 1 year. If the customer sells the purchased items commercially to a consumer, then in addition §479 BGB applies.

8.4. In the case of defective goods, the customer may, according to § 439 BGB, demand the elimination of the defect or the delivery of a defect-free product at his discretion. BaSt-Ing can refuse the type of supplementary performance chosen by the buyer in the context of §439 BGB, if it is possible only with disproportionate costs. If the elimination of a defect does not succeed on the second attempt, then the customer is entitled under § 439 BGB to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. The resignation is excluded if the defect is insignificant. For the rest, §437 BGB applies.

8.5. With regard to any claims for damages due to defects in the items, the statutory provisions apply.

8.6. A warranty can not be accepted for defects that are attributable to improper use or above-average demands on the part of the customer, and not for wearing parts.

8.7. Insofar as there is a manufacturer’s warranty for goods delivered by BaSt-Ing, the claim of BaSt-Ing for warranty or guarantee presupposes a previous unsuccessful written assertion of the warranty claims against the respective manufacturer. This does not apply if the scope of the manufacturer’s warranty is shorter or shorter than the warranty claims in accordance with these GTC or if BaSt-Ing has provided further assurance of these properties as the manufacturer. BaSt-Ing will provide the customer with the information necessary for the assertion of possible warranty claims about the manufacturer.

§ 9 Liability

9.1. BaSt-Ing, its management and its employees are liable in cases of positive breach of contract, delay, impossibility, tort and other legal grounds (except pre-contractual violations) in case of intent or gross negligence. In the event that culpable damage to life, health or body have arisen, in the case of culpable violation of contractual cardinal obligations (principal contractual obligations) or fraudulent misrepresentation as well as in the case of a claim for compensation in accordance with §437 No. 2 BGB BaSt-Ing is liable within the statutory scope. Only in the case of a breach of cardinal obligations is the liability for employees of BaSt-Ing limited to the typical, foreseeable damage. The term cardinal obligation is used either to designate a concrete described, the achievement of the purpose of the contract endangered, essential breach of duty or abstractly explained as an obligation whose fulfillment makes the proper execution of the contract in the first place and the compliance of which the customer can rely on. In case of default, the customer has the right to withdraw from the contract as an alternative to damages.

9.2. In case of data loss, BaSt-Ing is only liable if the customer has regularly backed up the data at least once a day. The liability for data loss is limited to the recovery effort in the presence of a backup copy, unless the data loss was caused by BaSt-Ing intentionally or grossly negligent, further liability is excluded.

9.3. The liability of BaSt-Ing under the Product Liability Act remains unaffected.

9.4. The above regulations (§8 and §9) reflect the full scope of liability of BaSt-Ing, its management and its employees.

§ 10 Retention of title

10.1. BaSt-Ing retains title to all goods delivered by it to a customer until final and complete fulfillment of all claims of BaSt-Ing arising from the entire business relationship with the customer. Insofar as BaSt-Ing exchanges a good within the scope of the warranty, it is already agreed today that the ownership of the goods to be exchanged is transferred by the customer to BaSt-Ing or vice versa at the time when BaSt-Ing returns the goods from the customer or the customer receives the replacement delivery from BaSt-Ing.

10.2. The customer is not entitled to pledge the goods delivered by BaSt-Ing, to assign them for security or to grant other security interests to third parties. However, if a third party acquires rights to the collateral, the customer hereby assigns to BaSt-Ing all of the resulting rights to the collateral. BaSt-Ing accepts this assignment. The customer is obligated to notify BaSt-Ing immediately if seizure, confiscation or other disposition of a third party has taken place with regard to the collateral.

10.3. The reserved property is released by BaSt-Ing as soon as its realizable value exceeds the claim against the customer sustainably by more than 20%.

10.4. For current invoices, the collateral serves to secure the balance claim.

§ 11 Choice of law, place of jurisdiction, set-off, severability clause

11.1. German law applies to the legal relationships between BaSt-Ing and its customers as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.

11.2. All disputes arising out of the contractual relationship must be brought before the court with jurisdiction over the headquarters of BaSt-Ing. BaSt-Ing is also entitled to sue at the location of the customer’s branch or domicile. This on the condition that is not justified by law an exclusive place of jurisdiction.

11.3. A right of the customer to offsetting or retention does not exist, unless the claim is undisputed or legally binding.

11.4. If individual provisions of this contract are not legally valid in whole or in part or lose their legal validity later, this will not affect the validity of the rest of the contract.

§ 12 Address, Imprint Address:

BaSt-Ing GmbH
Fleck 34
83661 Lenggries – Germany
www.BaSt-Ing.de

Managing Director: Josef Strobl
Commercial Register: HRB 246386 – Amtsgericht München
VAT No .: DE322143067

Contact:
E-Mail: info@bast-ing.de
Telephone: 08042-50631-0
Monday – Friday, 8.00 – 19.00 (CET)

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.