(version of December 2013)
Your purchase contract shall be created with Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Strasse 2, 63322 Rödermark.
Bachmann Kunststoff Technologien GmbH
Rudolf-Diesel-Str. 2
63322 Rödermark
Telephone: + 49 6074 94394
Fax: + 49 6074 98544
e-mail: service@bktgermany.com
Managing Directors: Pascal Julien, Marcel Julien
Commercial Register: Offenbach am Main District Court HRB 32700
VAT Number: DE113533031
1.1 All mutual claims arising from and in connection with conclusion of a contract by and between business customers who are not consumers under the terms of Section 13 of the German Civil Code (BGB) and Bachmann Kunststoff Technologien GmbH shall be governed at all times by these General Terms & Conditions of Business for Business Customers in the version valid at the time when the contract in question is concluded, the particular Terms & Conditions of Business of Bachmann Kunststoff Technologien GmbH for various services whose subject is not an order for goods being incorporated thereby. These particular Terms and Conditions of Business for Services will be found along with each of the services offered.
1.2 In case of collision between regulations, the following order of precedence shall apply:
1. Particular Terms & Conditions of Business for the individual services.
2. These General Terms & Conditions of Business for Business Customers.
3. Statutory regulations.
2.1 The Contract shall be created by acceptance of the customer's order by Bachmann Kunststoff Technologien GmbH. The customer shall waive receipt of a notice of acceptance pursuant to Section 151, Clause 1 of the German Civil Code (BGB). Acceptance by Bachmann Kunststoff Technologien GmbH shall be made upon receipt of goods by the customer following dispatch of goods by Bachmann Kunststoff Technologien GmbH or upon supply of services to the customer by Bachmann Kunststoff Technologien GmbH.
Should a business customer order by internet, Bachmann Kunststoff Technologien GmbH shall immediately confirm receipt of order electronically. This conformation letter shall still not represent an acceptance of contract.
2.2 The language of the contract shall be German.
2.3 In the online shop you will find the period of validity governing our temporary offers at the location where they are displayed in the shop. Despite careful stocking, it may happen that some promotional items are sold more quickly than anticipated. We therefore give no guarantee of delivery. The following principle shall apply: only while stocks last.
When purchasing from Bachmann Kunststoff Technologien GmbH, all arrangements are flexible. As our customer, you can pay conveniently by invoice, or by cash on delivery, and additionally on our website via PayPal or online banking. In the individual case we reserve the right, however, to dispatch goods only for cash on delivery or payment in advance.
3.1 Payment of invoice
You can pay for the goods conveniently within 14 days from the date of the invoice supplied therewith.
3.2 Cash on delivery
If you wish for cash on delivery, you will pay the cash-on-delivery charge to the postman or carrier when taking the delivery. A provision fee of EUR 2.00 will be payable in addition to the cash-on-delivery charge.
3.3 Payment by PayPal or online banking
You will find current information about these payments on our website.
4.1 Consequent upon the customer's statutory right of cancellation, by virtue of the order and its acceptance on the part of Bachmann Kunststoff Technologien GmbH, contractual relations are initially created of a pending kind. The customer may cancel his contractual declaration within fourteen days, without stating reasons, in textual form (e.g. letter, fax, e-mail) or, should the goods have been supplied to him prior to expiry of deadline, by returning the purchase. The period of grace shall begin following receipt of this notice in textual form, but not prior to delivery of the goods to the customer, nor prior to fulfilment of our duties of information under Section 312 c), Paragraph 1 of the German Civil Code (BGB), in conjunction with Article 246, Section 2, in conjunction with Section 1, Paragraphs 1 and 2 of the Introductory Statute to the Civil Code (EGBGB), and pursuant to Section 312 g), Paragraph 1, Clause 1 of the Civil Code (BGB), in conjunction with Article 246, Section 3 of the Introductory Statute to the Civil Code (EGBGB). To meet the cancellation deadline it shall be sufficient to dispatch the cancellation or the purchase in good time. The cancellation must be addressed to:
Bachmann Kunststoff Technologien GmbH, Rudolf-Diesel-Strasse 2, 63322 Rödermark, service@bktgermany.com
4.2 Consequences of cancellation
In case of effective cancellation, restitution must be made of performances mutually received and any benefits derived therefrom (e.g. interest) must be surrendered. If the customer cannot make restitution or surrender the performance and benefits (e.g. benefits of use) received, the customer must pay compensation for lost value to the extent involved. The customer need only pay compensation for deterioration of the purchase and for benefits derived therefrom insofar as the said benefits or the said deterioration is due to treatment of the purchase over and beyond the inspection of its characteristics and functioning. "Inspection of its characteristics and functioning" shall be taken to mean testing and trying the goods in question, as is possible and usual in e.g. a shop.
Goods which are suitable for sending in a parcel must be returned at our risk. Should a return of goods as a parcel not be possible due to their weight or unwieldy nature, it shall suffice if the customer within the 14 day period of grace sends a take-back request in textual form to Bachmann Kunststoff Technologien GmbH following receipt of goods. The customer must pay the usual costs of return if the goods so delivered correspond to the goods ordered and if the price of the purchase to be returned does not exceed EUR 40.00 (including VAT), or if, should the purchase be of a higher price, the customer at the time of cancellation has not yet made the counterperformance or a contractually agreed part payment. Otherwise return shall be free of charge for the customer. Duties for reimbursement of payments must be fulfilled within 30 days. The period of grace shall begin for you upon dispatch of your cancellation notice or of the purchase; it shall begin for us upon its receipt.
Right of cancellation shall not cover
- Books, should the protective cover have been opened, or if they have been downloaded online;
- Goods which have been produced in accordance with a customer's specifications or have been clearly tailored to the customer's personal requirements;
- Goods which, due to their characteristics, are not suitable for return, or which may spoil rapidly, or whose sell-by date has been passed;
- Special orders by a customer, e.g. spare parts specially ordered for the customer etc.;
- Large-volume deliveries for which the customer has been granted special terms and conditions.
End of cancellation advice.
Should you exercise your right of cancellation, it is hereby agreed that you shall pay the usual costs of return if the goods delivered correspond to those ordered and the price of the purchase to be returned does not exceed EUR 40.00 (including VAT), or if, should the purchase be of a higher price, you have not made the counterperformance or a contractually agreed part payment. Otherwise you will be charged a return fee.
Should Bachmann Kunststoff Technologien GmbH, following receipt of order, find that the goods or service ordered are no longer available at Bachmann Kunststoff Technologien GmbH or could only be delivered or supplied with a delay, Bachmann Kunststoff Technologien GmbH shall inform the customer thereof immediately. The customer shall be entitled to withdraw from his offer. Bachmann Kunststoff Technologien GmbH shall, immediately following the said withdrawal, reimburse any payments already made. Should the customer wish to persist in his order, Bachmann Kunststoff Technologien GmbH shall offer the customer goods or a service equal in quality and price to the goods or service no longer available. The goods so offered or the service so offered shall only be supplied if the customer accepts the offer made to him.
7.1 Delivery of goods shall be made at the cost of the business customer ex initial-dispatch loading dock.
7.2 Should the customer order a particular delivery service, information on this matter will be found in the Terms & Conditions for Special Services.
7.3 Should a business customer order a delivery for a precise time, and should the goods fail to arrive even within a period of grace to be reasonably expected in the individual case, the said business customer shall be entitled to withdraw from the contract and to return the goods to Bachmann Kunststoff Technologien GmbH. Claims for damages shall be excluded in this case, unless Bachmann Kunststoff Technologien GmbH is guilty of negligence or deliberate intention.
7.4 Area of delivery
Bachmann Kunststoff Technologien GmbH (VAT No. DE113533031) delivers to postal addresses world-wide.
7.5 Compliance with export controls
Some products imported from the USA and/or manufactured in the USA are subject to US and other, particularly German, export controls. The customer shall himself be responsible for compliance with export controls and hereby agrees to obtain at his own cost any requisite export licences or other necessary documents prior to the export of products and/or technical information which he has received from Bachmann Kunststoff Technologien GmbH.
The customer hereby further agrees not to sell, export, re-export, deliver or otherwise transfer, either directly or indirectly, any products or technical information subject to export controls to persons, businesses (companies) or countries insofar as this infringes US or other, particularly German, export-control legislation, orders, restrictions and provisions. The customer hereby agrees to inform all recipients of these products or technical information of the need to comply with this legislation and with these orders. Refusal of an export licence shall not entitle the customer to withdraw from contract or to claim damages. Bachmann Kunststoff Technologien GmbH shall have no duty to issue the customer with a supplier's or long-time supplier's declaration or to obtain such from its own preliminary suppliers.
7.6 You will find further information in our Terms & Conditions of Delivery.
8.1 Prices stated in the Catalogue are quotations calculated on market prices in each case. They are net prices, on which VAT is due in addition. For plastics in particular, however, the market shows extreme price fluctuations. Bachmann Kunststoff Technologien GmbH will therefore pass on any reductions obtained in the market price. Significant price rises (e.g. due to higher charges, deductions, customs dues, costs of supply and carriage) following the printing of the Catalogue shall entitle Bachmann Kunststoff Technologien GmbH to pass on the said price rise to its business customers. Bachmann Kunststoff Technologien GmbH shall inform the business customer following his order of any price rises which have occurred in the meantime. The decisive factor shall be the list price on the day when the customer's order has been received. In this case the business customer shall not be bound to his offer, unless he confirms his offer subsequently at the amended price.
8.2 In the case of an order via the internet the prices for e-commerce orders stated under Checking and Ordering shall apply.
8.3 The invoice shall show, along with the net price for the goods, the prices of supplementary services: packaging, carriage, delivery to a precise time, etc., and the VAT in force at the time when the invoice was issued.
8.4 Receivables due to Bachmann Kunststoff Technologien GmbH shall be payable within 14 days following date of invoice.
Bachmann Kunststoff Technologien GmbH hereby reserves title to all goods delivered to a business customer until full and final payment for the said goods so delivered. The business customer shall be entitled to use, commercialise and resell the goods by way of due and proper business.
Insofar as Bachmann Kunststoff Technologien GmbH exchanges goods under warranty, it is agreed here and now that title to the goods for exchange shall pass mutually from the customer to Bachmann Kunststoff Technologien GmbH and vice versa at the time when for its part Bachmann Kunststoff Technologien GmbH receives the said goods back from the customer, and the customer for his part receives the replacement delivery from Bachmann Kunststoff Technologien GmbH.
10.1 Bachmann Kunststoff Technologien GmbH hereby guarantees that its products shall be free of material defects and defects of title pursuant to Sections 343 and 435 of the German Civil Code (BGB) at the time of transfer of risk.
10.2 Following receipt of goods ordered, the business customer must inspect them immediately to check that delivery has been made in full and to ascertain any defects, and must make complaint to Bachmann Kunststoff Technologien GmbH in writing (e-mail to info@elforyn, fax to + 49 6074 98544) without delay, and within one week following receipt of goods at the latest, if delivery has not been made in full or if any defects are present. In case of concealed defects complaint thereof must be made immediately following cognizance of the said concealed defect.
10.3 The period of guarantee shall be 2 years from receipt of goods. Should the business customer resell his purchases by way of trade, Section 479 of the German Civil Code (BGB) shall apply in supplement.
10.4 The business customer shall have the right to require either that the defect be rectified or that a defect-free purchase be delivered. Under Section 439 of the German Civil Code (BGB), Bachmann Kunststoff Technologien GmbH may refuse the type of subsequent fulfilment chosen by the purchaser if it is possible only at undue cost. Should rectification of a defect by way of repair also fail at the second attempt, under Section 439 of the German Civil Code (BGB) the customer shall be entitled to require delivery of a defect-free purchase, or to reduce the purchase price, or to withdraw from the contract. Withdrawal shall be excluded, however, if the defect is minor and insignificant.
10.5 Claims for damages due to defects of the purchase shall be governed by statutory regulations.
10.6 It shall be a prior condition for any claims for damages that the defect has not been caused by improper use or stress.
10.7 In case of withdrawal Section 346 of the German Civil Code (BGB) shall apply.
10.8 Should Bachmann Kunststoff Technologien GmbH deliver goods to the business customer with a manufacturer's guarantee, it shall be a prior condition for any claim against Bachmann Kunststoff Technologien GmbH under Section 437 of the German Civil Code (BGB) that a previous and unsuccessful claim has been brought in writing against the manufacturers in question. This shall not apply if the scope of the manufacturer's guarantee
- is less or shorter than under Section 10.1 to 10.6 of these Terms & Conditions of Business, or
- Bachmann Kunststoff Technologien GmbH has issued a more comprehensive warranty of this characteristic in its capacity as the manufacturer. Bachmann Kunststoff Technologien GmbH shall supply the business customer with such information as it has about the manufacturer needed to bring the claim.
11.1 Bachmann Kunststoff Technologien GmbH, its management board and its staff shall be liable in cases of positive violation of contractual duty, delay, impossibility, prohibited acts, and on other legal grounds (except for pre-contractual violations) in cases of deliberate intention and gross negligence. In case of culpable damage to life, limb or health, in case of culpable breach of cardinal contractual duties (principal contractual duties), in case of fraudulent deception, and in case of a claim for compensation under Section 437, Paragraph 2 of the German Civil Code (BGB), Bachmann Kunststoff Technologien GmbH shall be liable to the extent prescribed by law. Only in case of a breach of cardinal duties shall liability be restricted for the staff of Bachmann Kunststoff Technologien GmbH to typical, foreseeable loss. The concept of cardinal duties shall be used either to define a major and concretely described breach of duty endangering attainment of the contractual purpose, or interpreted abstractly as a duty whose fulfilment is the very prerequisite for due and proper execution of contract, and upon compliance with which the customer may regularly rely. In case of delay the customer, instead of damages, shall have the right to withdraw from the contract.
11.2 The scope of liability by Bachmann Kunststoff Technologien GmbH under the Product Liability Act shall not be affected hereby.
11.3 Should Bachmann Kunststoff Technologien GmbH supply technical information or advice in individual cases, this shall be free of charge and to the exclusion of any liability if the information or advice so supplied does not form part of the contractually agreed scope of contract due by Bachmann Kunststoff Technologien GmbH. Otherwise statutory provisions shall apply.
11.4 The above regulations represent the full extent of liability by Bachmann Kunststoff Technologien GmbH, its management board and its staff. Any further liability is hereby excluded.
Legal relations between Bachmann Kunststoff Technologien GmbH and its business customers, and the General Terms & Conditions of Business in question, shall be governed by German law. Application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1988 is hereby excluded.
Particularly in the case of both wood and leather, their export to certain non-EU countries may be prohibited by German export law or be subject to licensing requirements. Bachmann Kunststoff Technologien GmbH may further be bound by contract, pursuant to legislation in the states of its place of business, to prohibit exports. The business customer hereby agrees, before exporting, to obtain information regarding any possible legal restrictions, to obey such restrictions, and likewise to comply with any export prohibitions issued upon order or delivery in the individual case by Bachmann Kunststoff Technologien GmbH. The business customer shall pay the costs for or in connection with exports himself at all times.
14.1 The business customer shall have no right of offset or retention, unless the receivable is undisputed or has been finally confirmed at law.
14.2 The place of fulfilment for payments shall be the place of business of Bachmann Kunststoff Technologien GmbH. The place of fulfilment for deliveries shall be either on the premises of Bachmann Kunststoff Technologien GmbH or the place of dispatch by the first forwarder acting for Bachmann Kunststoff Technologien GmbH.
14.3 Should any individual provisions of this Contract be legally invalid, either wholly or in part, or should they lose their legal validity later, the validity of the remainder of the Contract shall not be affected thereby. In such case the Parties hereby agree to appoint a valid regulation in lieu of the invalid regulation which, as far as the law allows, shall approach most nearly to the commercial purpose pursued by the invalid regulation, taking into account the interests of the Parties as expressed in this Contract. The same shall apply if the Contract contains a lacuna not foreseen by one of the Parties.
14.4 The Catalogue which we market, the website which we operate and their overall content, particularly texts, photographs, images, graphics, illustrations, any software, and all brands, patents and utility models, are completely protected, by industrial property rights, particularly copyrights, name and picture rights, brands, current patents or utility models, against unauthorised use. Use other than use for selecting and purchasing goods shall require prior written permission on our part or, if the rights in question do not belong to us, on the part of the rights holder.
14.5 If the Contracting Partner is a trader as defined in the German Commercial Code (HGB), a legal entity under public law, or a special public asset, the sole place of jurisdiction for all disputes arising from the purchase contract once concluded, or for disputes in connection with the conclusion of the purchase contract, is hereby agreed as Offenbach am Main. Bachmann Kunststoff Technologien GmbH may also select another statutory place of jurisdiction as it may choose.
Status: 13 June 2014
