§ 1 Scope
(1) For deliveries, services and offers from us, baenny GmbH & Co. KG, Am Zehnthof 189, 45307 Essen, Germany Telephone number: +49 15209071457, Email: hello@baenny.com (hereinafter "we", "us" or "baenny") to you as our customer, the regulations contained in the product-specific order form or the product description for the product from your order apply with priority. These General Terms and Conditions of Sale (hereinafter: T&Cs) apply in addition in the event that the product-specific order forms or the respective product description do not contain any specific regulations.
(2) The General Terms and Conditions apply regardless of whether you are a consumer or a businessperson. According to the legal definition in Section 13 of the German Civil Code (BGB) and within the meaning of these General Terms and Conditions, a “consumer” is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. According to the legal definition in Section 14 of the German Civil Code (BGB) and within the meaning of these General Terms and Conditions, an “entrepreneur” is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) Any deviating, conflicting or supplementary general terms and conditions of the contractual partner shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This consent requirement applies in all cases, for example even if we carry out the delivery to the contractual partner without reservation in full knowledge of the contractual partner’s general terms and conditions.
§ 2 Product range, prices, price adjustments and shipping costs
(1) Details of the product and in particular the specific price and, if applicable, the term of the contract, if applicable, the conditions of termination and, if applicable, the minimum duration of the contract can be found in the respective product description or the product-specific order forms.
(2) If you are a consumer, the prices include the statutory sales tax (so-called gross price). If the product is aimed exclusively at companies, industry, trade, commerce, crafts, the liberal professions, the public service, authorities and other public or charitable institutions, associations or similar institutions and is intended for use in self-employed, professional or commercial activities, the statutory sales tax is not included in the price shown (so-called net price).
(3) All prices are exclusive of shipping costs, provided that such costs are stated in the respective product description or the product-specific order form.
(4) In the case of continuing obligations, we are entitled to adjust prices insofar as we may reduce and increase prices. A price increase can only be made to a reasonable extent due to increased production or distribution costs (paper, printing, wages and shipping costs or, in the case of our digital products, also due to maintenance and further development of the technical means used to provide the service). We will inform you of price adjustments. Unless a longer period is specified in the notification of change, price increases will take effect at the beginning of the third month after you receive the notification of change. You are entitled to terminate the contract for good cause within six weeks of notification of the price increase to the date on which the price increase comes into effect. If you do not exercise this right and you were informed of this legal consequence in the notification of the price increase, the contract will be continued at the changed prices.
§ 3 Conclusion of contract and product viewing times
(1) Depending on the product, you can order it via the Internet, email, telephone, fax or post. In the case of online purchases, paragraphs 3 to 7 of Section 3 of these General Terms and Conditions apply. In all cases, the contract is only concluded upon delivery of the goods or upon a shipping confirmation.
(2) If you are granted a free viewing period in the respective product description or in the product-specific order form, the purchase contract will only be binding for you after the viewing period applicable to the respective product has expired. For the duration of the viewing period, the deliveries, services and offers are free of charge for you. Within the viewing period, you can return the product to us at any time at your own expense. To meet the deadline, it is sufficient to send it to us in good time. The matter is then settled for you. You bear the burden of proof of sending the returned products.
(3) The presentation of the products in the online shop does not constitute a legally binding offer from us. As part of the ordering process, you as a consumer place a binding order for the products in your shopping cart by clicking on "Buy now" or "Order with payment" or "Book with payment" or "Order now - subject to payment after trial period". As a business owner, you can also make such a declaration by clicking on "Try for free" or "Book now". Before completing the order, you can check your details for accuracy and correct them during the ordering process. You can also cancel the ordering process at any time, e.g. by switching to another page or closing the browser.
(4) Confirmation of receipt of your order will follow immediately after you have sent the order and does not constitute acceptance of the contract by us. We accept your offer either by sending you a confirmation of acceptance by email or by delivering the goods. The contract is concluded when you receive the confirmation of acceptance by email or when you receive the goods.
(5) We save the contract text on our systems, which are not accessible to you. However, we will send you a confirmation of the order with the details of the order to the email address you provided when placing your order or we will enclose the relevant information with the order.
(6) The contract language is German.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract for online purchases is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 Delivery
(1) Details of the delivery conditions can be found in the respective product description or the product-specific order forms. Unless it is a digital product, you will receive the ordered goods by post. Delivery can also be made in partial deliveries at no extra cost to the customer if this is necessary due to the number or size of the products. baenny does not cover return costs.
(2) If you are an entrepreneur, the risk is transferred to you at the latest when the goods are handed over (the start of the loading process is decisive) to the forwarding agent, freight carrier or other third party appointed to carry out the shipment. This also applies if partial deliveries are made or if we have undertaken other services (e.g. shipping or installation). If the shipment or handover is delayed due to a circumstance for which you are responsible, the risk is transferred to you from the day on which the goods are ready for shipment and we have notified you of this.
§ 5 Terms of payment and offsetting
You have the option of paying by SEPA direct debit, PayPal, credit card, bank transfer or invoice.
(1) If you pay by invoice, the invoice will either be included with the shipment or you will receive it by email. The amount is due immediately and must be paid within 14 days (“due date”). If you do not pay the invoice amount by the due date for reasons for which you are responsible, we will charge a flat-rate compensation of [EUR 2.70]. You are free to provide evidence that no damage has occurred at all or that the damage is significantly lower than the flat rate.
(2) If you pay by SEPA direct debit, we will charge a flat-rate compensation of [EUR 2.70] (direct debit charge) in the event of a direct debit return for which you are responsible. You are free to provide evidence that no damage was incurred or that the damage was significantly lower than the flat rate.
(3) If you select PayPal as your payment method, you will be immediately redirected to the PayPal homepage and log in to your existing PayPal account or register in just a few steps. After successful payment, you will automatically be redirected back to the product page. In order to use the PayPal service, you must agree to the direct debit agreement to debit your PayPal account in the purchase process dialog. To do this, check the payment details and confirm the amount. By agreeing to the direct debit agreement, we are entitled to debit amounts of different amounts - as long as they are due - from your PayPal account until revoked. The validity of our general terms and conditions is not affected by PayPal's payment and general terms and conditions. They can be applied alongside each other.
(4) Our right to claim further damages remains unaffected by the provisions of this paragraph.
§ 6 Right of retention and retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 7 Liability for defects (warranty)
(1) If the delivered goods are defective, you are entitled to statutory claims for defects, unless restricted by the following.
(2) If you are an entrepreneur, the limitation period for warranty claims is one year from delivery of the purchased item. The limitation periods in the event of a delivery recourse according to Sections 478 and 479 of the German Civil Code remain unaffected.
(3) If you are an entrepreneur, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods. We accept no liability for public statements made by the manufacturer or other advertising statements.
(4) The above restrictions and shortened deadlines do not apply to claims for damages due to defects. Part 1 § 9 of these General Terms and Conditions applies to claims for damages due to a defect.
§ 8 Damages
(1) We are only liable in the event of intent or gross negligence on the part of the company or its vicarious agents or employees, as well as in the event of a breach of essential contractual obligations, i.e. those obligations whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely. In the event of a breach of an essential contractual obligation which is not based on intent or gross negligence, our liability is limited to foreseeable and typical damage.
(2) The above provisions shall not apply in the event of injury to life, body or health or to liability under the Product Liability Act.
(3) To the extent that liability for damages is excluded or limited towards us, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
§ 9 Product offers from affiliate partners
(1) For product offers from affiliate partners, a contractual relationship is established exclusively between the user and the respective affiliate partner as the product provider. We are not the provider of the respective products ourselves. As a result, we do not guarantee that individual products are actually available at all and/or at the stated prices and/or correspond to the product information. All price and product information comes from the respective product provider; we have no influence on this.
(2) To the extent that links to websites of product providers are provided, we are merely an access intermediary to the relevant websites of these product providers and are not responsible for the content presented there.
§ 10 Copyrights
All publishing and copyrights to the products supplied are held by baenny GmbH & Co. KG. The commercial use and reproduction of texts and photos is prohibited unless expressly agreed to. This also applies to the entire Internet offering of baenny GmbH & Co. KG with the exception of the press releases published on the Internet offering.
§ 11 Choice of law, place of performance and place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) If you are not a consumer, the place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply, even if orders are placed from abroad or delivered abroad.
§ 12 Severability Clause
Should any provision of these Terms and Conditions be invalid or unenforceable, this shall not affect the validity of the other provisions. In such a case, the parties undertake to replace the invalid provision with another legally valid one that fulfils the purpose of the deleted provision as closely as possible.
§ 13 Dispute settlement in consumer matters
The European Union provides an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes at: https://ec.europa.eu/consumers/odr/
Our email address, which you can use to contact us, is hello@baenny.com We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.