GENERAL TERMS AND CONDITIONS

bildhau KG

General Terms and Conditions in the version of 3rd of July 2017

1. Scope of Application

These General Terms and Conditions (GTC) shall apply for all deliveries of bildhau.de provided by bildhau KG (hereinafter: bildhau) to its customers. The GTC apply both to consumers (hereinafter: consumers) and to entrepreneurs (hereinafter: business customers), provided that no differentiations are made in the individual clauses.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. Contractual Partner

The purchase contract is concluded with bildhau KG, represented by Carsten Langediers and Reinoud van Bemmelen, Raderberger Straße 175, D-50968 Cologne, registration court: Cologne, registration number: HRA 22714.

3. Conclusion of Contract

3.1 The presentation of the products at bildhau.de is not a legally binding offer, but a non-binding online catalogue.

3.2 By clicking the button "order with an obligation to pay" you place a binding order of the goods contained in your shopping basket. We will send you a confirmation that we received your order by automated e-mail immediately after placing the order. This confirmation does not yet constitute acceptance of the contract. We shall accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five working days

3.3 The contractual language is German.

4. Prices

4.1 The prices stated on the product pages include the statutory sales tax valid in Germany as well as the packaging costs, but not shipping or forwarding costs. Shipping and forwarding costs will be charged additionally.

4.2 Business customers from EU countries please state the EU VAT identification number when placing their order. If the number is not given or does not exist, bildhau has to charge the German VAT according to EU law.

5. Shipping Costs & Delivery

5.1 bildhau delivers to all countries worldwide except from the United States of America. Shipments within Germany and to all countries of the EU, to Switzerland, Liechtenstein and Norway are handled by our shipping provider DPD; if your order contains heavy and/or bulky goods, they may be handled by a forwarding agent. Shipping to all countries other than mentioned before is carried out by UPS or a forwarding agent.

5.2 Shipping and forwarding charges will be shown bindingly in the order summary as well as in the automatically generated confirmation that we received your order and before completion of the order process. An exception are shipments of heavy and/or bulky goods to countries other than Germany. The products concerned are listed on the product page. If shipping costs cannot be shown on the order page, we will send you an individual order confirmation in which we will indicate the binding shipping costs. We will ship your order only after you have accepted the shipping costs. You will find further information on shipping costs in our shipping costs overview.

5.3 Delivery times are indicated in the webshop with the respective article and refer to the dispatch within Germany. Goods in stock are delivered within 1 to 5 working days. If the goods are not immediately available, the delivery time is indicated directly with the product. We deliver carving stones within 2 to 10 working days.

5.4 In case that one or more articles of your order will not be in stock at short notice, bildhau reserves the right to partial delivery within Germany without additional costs for the customer. Outside Germany, partial deliveries shall only be made at the express request of the customer. In the case of necessary subsequent deliveries, additional shipping costs are to be borne by the customer.

5.5 bildhau reserves the right not to deliver if the ordered goods are not available for reasons for which bildhau is not responsible due to late or incorrect delivery (including delivery of small quantities) by a supplier, although bildhau has concluded a supply contract with the supplier for the ordered goods. In such a case, bildhau will immediately inform the customer that the ordered goods are not available and immediately refund payments already made by the customer.

5.6 the delivery period shall be extended appropriately in cases of delays due to force majeure any liability on our part for aforementioned or resulting termination contract is excluded.

6. payment

6.1 Delivery is made against open invoice.

6.2 Invoices are due for payment without deduction within 14 days of receipt of the goods, unless expressly agreed otherwise.

6.3 To hedge the credit risk, we reserve the right to deliver the goods ordered only against advance payment or down payment.

6.4 In the event of default in payment, statutory default interest in the amount of 5 percentage points above the respective base interest rate shall be payable. A lump sum of 3.00 euros will be charged for each reminder.

7 Retention of title

The goods remain our property until full payment has been received.

8 Revocation

REVOCATION POLICY FOR THE DELIVERY OF GOODS

The following right of revocation exists only for consumers.

Right of Revocation

You have the right to revoke the concluded contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day when either you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.

To exercise your right of revocation, you have to inform us (bildhau KG, Raderberger Straße 175, D-50968 Köln, phone +49 (0) 221 - 99874700, fax +49 (0) 221 - 998747070, e-mail mail@bildhau.de) by means of a clear declaration (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You can use our above-mentioned sample revocation form which is not mandatory. The return of the goods alone is not sufficient as a declaration of revocation.

In order to comply with the revocation period, it is sufficient that you send the notice of your revocation before the revocation period expires.

Consequences of Revocation

If you revoke this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier. 

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day deadline.

You bear the direct costs of returning the goods. If the goods cannot be shipped as a parcel, the returning costs shall be estimated corresponding to and not exceeding the initial shipping costs.

You shall be liable for any loss in value of the goods only if it is due to handling other than what is necessary for checking the nature, properties and functioning of the goods.

The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for goods that are manufactured according to the consumer's specifications or that are clearly adapted to the personal requirements and of goods if these were after delivery inseparably mixed with other goods due to their nature. The right of revocation shall also not apply to contracts for the delivery of sealed goods which are not suitable for return e.g. for reasons of health protection or hygiene if their sealing has been removed after delivery.

End of revocation policy.

REVOCATION FORM

(If you want to cancel the contract, please fill out this form and send it back to us.)

TO:

bildhau KG
Raderberger Straße 175
D – 50968 Köln
Telefon: +49 (0) 221 998 74 70-0
Fax: +49 (0) 221 998 74 70-70
E-Mail: mail@bildhau.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Date of order (*) / goods received on (*)

____________________________________________________________________________

name of consumer(s)

____________________________________________________________________________

address of cosumer(s)

____________________________________________________________________________

____________________________________________________________________________

signature of consumer(s) (nly for communication on paper)

____________________________________________________________________________

date

____________________________________________________________________________

9. 30-day Voluntary Return Policy for Consumers

In addition to the statutory right of revocation for consumers, bildhau grants consumers a voluntary 30-day right of return. As a consumer you can return the goods without giving reasons within 30 days from receipt of the goods by returning them. Timely dispatch of the goods to bildhau KG, Raderberger Straße 175, 50968 Cologne, Germany, phone +49 (0)221 - 99874700 is sufficient to meet the deadline.

You bear the direct costs of returning the goods. If the goods cannot be shipped as a parcel, the returning costs shall be estimated corresponding to and not exceeding the initial shipping costs.

You shall be liable for any loss in value of the goods only if it is due to handling other than what is necessary for checking the nature, properties and functioning of the goods.

The voluntary 30-day right of return does not apply to contracts for the delivery of goods which are not prefabricated and for goods that are manufactured according to the consumer's specifications or that are clearly adapted to the personal requirements and of goods if these were after delivery inseparably mixed with other goods due to their nature. The right of revocation shall also not apply to contracts for the delivery of sealed goods which are not suitable for return e.g. for reasons of health protection or hygiene if their sealing has been removed after delivery.

10. Storage and Accessibility of the Contract Text

We shall save the contract and send you the order data and our general terms and conditions by e-mail. You can view your past orders in our customer login area.

11. Warranty

The statutory liability for defects shall apply.

12. Applicable Law

These terms and conditions as well as contracts concluded on their basis between the customer and bildhau are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.

13. Court of Jurisdiction

For business customers, the court of jurisdiction is Cologne.

14 Online Dispute Resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG

The European Commission is providing an online dispute resolution (OS) platform for extrajudicial mediation, which can be found at http://ec.europa.eu/consumers/odr/ . In this context, bildhau is legally obliged to provide an e-mail address to contact: mail@bildhau.de. We are not obliged and in principle not prepared to participate in a dispute settlement procedure before a consumer arbitration body.

New Account Register

Already have an account?
Log in instead Or Reset password