§ 1 Scope

These General Terms and Conditions (hereinafter referred to as T&Cs) of BAF Industrie- und Oberflächentechnik GmbH (hereinafter referred to as Seller) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as Customer) and the Seller relating to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity (Section 13 of the German Civil Code).

An entrepreneur within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (Section 14 of the German Civil Code).

§ 2 Conclusion of Contract

The presentation of our products on our website merely constitutes an invitation to the customer to submit a contract offer. By submitting an order, the customer submits an offer within the meaning of Section 145 of the German Civil Code (BGB). The customer receives confirmation of receipt of the order by email.

The contract with us is concluded when we accept the customer's offer in writing or in text form within 2 working days of sending the order. The decisive factor in this respect is the time at which the customer receives the declaration of acceptance.

In the case of payment in advance, SEPA direct debit, invoice or cash on delivery, the purchase contract is not concluded with this order confirmation, but only with the sending of a separate e-mail with an order confirmation or the delivery of the goods or with a request for payment by the seller.

When paying by credit card, direct bank transfer or PayPal, the contract is concluded when the customer issues the payment instruction.

If the seller does not accept the customer's offer, for example due to unavailability within the two-day period mentioned above, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

The languages ​​available for concluding the contract are German and English.

§ 3 Prices and payment conditions

All prices are final prices including statutory VAT.

Any additional delivery and shipping costs will be specified separately in the respective product description and in the order form and are to be borne by the buyer unless the buyer as a consumer makes use of his right of withdrawal.

If the seller delivers to countries outside the European Union, additional costs may arise in individual cases, which must be borne by the customer. These include, for example, costs of money transfers or import duties or taxes.

The due date of the purchase price depends on the payment method offered by the seller and selected by the customer. The accepted payment methods are advance payment, credit card, instant bank transfer, Amazon Pay and PayPal.

In principle, payment is due immediately after conclusion of the contract.

If you select the payment method “PayPal”, the payment will be processed via the payment service provider PayPal (Europe) in accordance with the PayPal terms of use, which can be viewed on the PayPal homepage ( www.paypal.com ). This requires, among other things, that the customer opens a PayPal account or already has such an account.

§ 4 Delivery and Shipping Conditions

Delivery is made at the shipping costs stated in each individual case. If the customer is a consumer, we always bear the shipping risk regardless of the shipping method. If the customer is a business, all risks and dangers of shipping are transferred to the customer as soon as we have handed over the goods to the commissioned logistics partner.

If payment is made in advance, by credit card, direct bank transfer or PayPal, the delivery time begins one day after the payment instruction. If the start or end of the delivery period falls on a Saturday, Sunday or public holiday, the start or end of the period will be postponed to the following working day.

§ 5 Retention of Title

The seller reserves title to the delivered goods until the purchase price owed has been paid in full by the consumer.

The seller reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

If the buyer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The buyer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The buyer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the buyer meets his payment obligations to the seller. The seller undertakes to release the securities to which he is entitled at the request of the buyer to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the seller.

§ 6 Warranty

The seller is generally liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

The following additional regulations apply to entrepreneurs:

Only the seller's own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise and statements by the manufacturer.

In the case of defects, the seller has the choice of whether the warranty is to be fulfilled by repair or replacement. If the defect cannot be remedied, the buyer can, at his discretion, demand a reduction in price or withdraw from the contract. The defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect indicates otherwise.

The warranty period is 1 year from delivery of the goods if the customer is an entrepreneur. The above restriction does not apply to damages attributable to the seller and caused by negligence resulting from injury to life, body or health or to other damages caused intentionally or through gross negligence, nor if the seller has fraudulently concealed the defect or has provided a guarantee for the quality of the item. In addition, for entrepreneurs, the statutory limitation periods for the right to withdraw according to §§ 478 ff. BGB remain unaffected.

§ 7 Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

§ 8 Information for consumers in distance selling contracts and customer information in electronic commerce contracts

You can identify any input errors when placing your order during the final confirmation before sending your contract declaration and correct them at any time using the delete and change function before sending the order.

The essential characteristics of the goods we offer as well as the duration of validity of limited offers can be found in the individual product descriptions on our website.

Complaints and claims for defects can be submitted to the address provided in the provider identification.

The contract text is not stored by us and is therefore not accessible to you as a customer after the contract has been concluded through us.

§ 9 Complaints/Dispute Settlement

According to EU Regulation No. 524/2013 and based on EU Directive 2013/11, we as an online provider are obliged to inform our customers about the European Commission's online dispute resolution platform "ODR". The ODR platform can be reached via the following internet address: www.ec.europa.eu/consumers/odr.

This platform gives consumers the opportunity to settle any disputes arising from the online purchase contract between them and our company online and out of court. In this context, we are legally obliged to inform you of our email address. This is: please enter a current email address that customers can reach here.

§ 10 applicable law

The contractual relationship between us and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. However, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the customer has his or her habitual residence.

§ 11 Data Protection

We need your personal data to process contracts and maintain ongoing customer relationships.

Your data and all order information will be treated with the utmost confidentiality. We expressly rule out any passing on of your data for advertising purposes.

For the purpose of shipment notification and shipment tracking, we pass on the email address together with the address data to the shipping service providers. Here we name the shipping service providers typically chosen, such as DHL or UPS.