Terms and Conditions

bieco GmbH

Heidenkampsweg 44
20097 Hamburg
Germany

Managing Director: Dipl.-Ing. Christopher Supa
Local Court (Amtsgericht) Hamburg HRB 18 334
VAT ID No.: DE368892078

Phone: +49 (0) 40 82211900
Email: support@bieco.de

GENERAL TERMS AND CONDITIONS (T&Cs)

for orders placed through the online shop of bieco GmbH

www.bieco.de

1. SCOPE OF APPLICATION, DEFINITIONS

1.1 The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between bieco GmbH (hereinafter “Seller”) and the customer (hereinafter “Customer”). Deviating general terms and conditions of the Customer are not recognised unless the Seller expressly agrees to their validity in writing.

1.2 The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be attributed predominantly to their commercial or self-employed professional activity. A business, by contrast, is any natural or legal person or partnership with legal capacity that is acting in the exercise of their commercial or self-employed professional activity when concluding the contract.

2. Conclusion of Contract

2.1 The offers in the Seller’s online shop are directed exclusively at end customers with a billing and delivery address in Germany or Austria. For individual bulky items, the possible delivery addresses and the place of delivery may be restricted; the restriction is indicated on the product detail page. The Customer must be at least 18 years old. The contract is concluded exclusively in German.

2.2 The Customer can select products from the range in the Seller’s online shop and collect them in a so-called shopping cart using the “Add to cart” button. By clicking the “Order with obligation to pay” button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these contract terms by ticking the box “Accept the General Terms and Conditions (T&Cs) including the provisions on the right of withdrawal” and has thereby included them in their offer.

2.3 The Seller then sends the Customer an automatic confirmation of receipt by email, which lists the Customer’s order again and which the Customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The contract is only concluded when the Seller issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but at the latest upon delivery of the goods, we will send the Customer the contract text (consisting of the order, T&Cs and order confirmation) on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection requirements.

2.4 The validity of contracts for quantities larger than normal household amounts, as well as the commercial resale of the purchased item, requires express separate confirmation from the Seller.

3. Delivery, Availability of Goods

3.1 Delivery takes place within the working days stated on the respective product detail page and in the order summary (Monday to Saturday, excluding public holidays). When several goods are ordered, the latest delivery time stated for the items in the shopping cart is decisive for the calculation. The delivery time is calculated from the time of the Seller’s order confirmation, provided that the purchase price has been paid in advance (except for purchases on invoice).

3.2 If no copies of the product selected by the Customer are available at the time of the order, the Seller will inform the Customer of this without delay in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.

3.3 If the product specified by the Customer in the order is only temporarily unavailable, the Seller will likewise inform the Customer of this without delay in the order confirmation.

4. Retention of Title

Until full payment has been made, the delivered goods remain the property of the Seller.

5. Prices, Shipping Costs and Delivery

5.1 All prices stated on the Seller’s website include the applicable statutory value added tax. The prices at the time of the order apply.

5.2 The applicable shipping costs are shown to the Customer in the order form. For bulky items, additional shipping surcharges stated in the order form may apply. These shipping surcharges may vary depending on the type of delivery and the nature of the item (e.g. freight forwarding items). Shipping costs and any shipping surcharges that may apply are to be borne by the Customer, unless the Customer exercises their right of withdrawal.

5.3 Returns: You have a 14-day right of return and can withdraw your order within this period without giving any reason. How to do this is explained here.

The product must be unused (!) and unwashed and must be sent back to us within 14 days of receipt.

Important: Returns are very costly for the environment and for us. We do our best to give you the best possible impression of our products with photos and product descriptions, so that you know what you are getting. We would like to avoid impulse purchases and orders made to choose between options. That is why we ask for your shared responsibility here, and you bear the shipping costs for returning your return shipment yourself.

Complaints: Our products involve a lot of handcraft. Where people work, mistakes happen – and that also applies to the trained specialists in our production facilities. If anything is wrong with a product, please send us an email with your order number and a photo of the defect to: support@bieco.de. We will take care of it!

5.4 Partial deliveries are permitted insofar as they are reasonable for the Customer.

5.5 Without express instruction from the buyer, the Seller is free to determine the shipping method, the company commissioned with shipping and the shipping route at its reasonable discretion. Goods that cannot be shipped by parcel are delivered to the curbside. The Seller bears the shipping risk if the Customer is a consumer. If the Customer is a business, the risk of accidental loss or accidental deterioration of the goods passes to the Customer upon handover to the commissioned logistics partner.

6. Transport Damage / Cut-off Period for Notification of Defects

6.1 If goods are delivered with obvious damage to the packaging or the contents, the Customer must, without prejudice to their warranty rights, notify the Seller of this no later than two weeks after receipt of the goods by phone at +49 (0) 40 82211900, so that the Seller can in turn assert the transport damage against the commissioned logistics company. If the Customer is a merchant and the contract is part of the operation of their commercial business, Section 377 of the German Commercial Code (HGB) applies.

7. Payment, Set-off

7.1 For each order, the Seller reserves the right not to offer certain payment methods and to refer to other payment methods. Payments are only accepted from accounts within the European Union (EU). Any costs of a money transaction are borne by the Customer. Payment by sending cash or cheques is not possible.

7.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer is in default simply by missing the deadline. In this case, the Customer must pay the Seller default interest per year at the statutory rate. The Customer’s obligation to pay default interest does not preclude the Seller from claiming further damages caused by default.

7.3 The Customer agrees that they will receive invoices and credit notes exclusively in electronic form.

7.4 Set-off against the Seller’s payment claims is only permitted with claims that have been finally determined by a court or are undisputed.

8. Warranty for Material Defects, Guarantee

8.1 The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods supplied by the Seller is 12 months. However, the special provisions of Section 9 apply to the Customer’s claims for damages.

8.2 An additional guarantee exists for the goods supplied by the Seller only if it was expressly given for the respective item in the order confirmation. The Customer’s statutory warranty rights are not restricted by a guarantee.

9. Limitation of Liability

9.1 Claims of the Customer for damages are excluded. This does not apply to the Customer’s claims for damages arising from injury to life, body or health or from the breach of material contractual obligations (cardinal obligations), nor to liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

9.2 In the event of a breach of material contractual obligations, the Seller is liable only for the typical and foreseeable damage if it was caused by simple negligence, unless the claims concern the Customer’s claims for damages arising from injury to life, body or health.

9.3 The limitations in paragraphs 1 and 2 also apply in favour of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.

9.4 The limitations of liability arising from paragraphs 1 and 2 do not apply insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies insofar as the Seller and the Customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act remain unaffected.

10. RIGHT OF WITHDRAWAL

10.1 Consumers generally have a statutory right of withdrawal when concluding a distance contract, about which the Seller informs below in accordance with the statutory model. The exceptions to the right of withdrawal are set out in clause 11. A model withdrawal form can be found in clause 12.

Withdrawal Policy for Consumers in Distance Contracts You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods / the last of the goods. You can only send unused goods back to us and you bear the costs of returning the goods. To exercise your right of withdrawal, you must inform us (bieco GmbH, Heidenkampsweg 44, 20097 Hamburg, Phone: +49 (0) 40 82211900, Email: support@bieco.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If you withdraw from this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. Return Instructions Step 1: Download the return form here. Step 2: Fill it out and enclose it with your return shipment. Please understand that we can only accept new and unused goods. You pay the shipping for your return yourself. Return address: bieco GmbH, Heidenkampsweg 44, 20097 Hamburg You are only liable for any loss in value of the goods if this loss in value is due to handling by you that was not necessary to examine the condition, properties and functioning of the goods. Exclusion of the Right of Withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded. Special Notes on the Premature Expiry of the Right of Withdrawal In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal of the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in a sealed package, your right of withdrawal expires prematurely if the seal has been removed after delivery. Withdrawal Conditions You bear the costs of your return. Please remember to put sufficient postage on your parcel. Please also note that up to 14 days may pass between the time of withdrawal and the refund of the purchase price. If no prior withdrawal has been made, the refund period starts from the time your return arrives with us. After we have received your return, we will inform you by email about the credit to be made. We will refund the purchase price using the payment method you chose when purchasing, i.e. either credit card, PayPal account or bank account. If you paid by bank transfer, please let us know your bank details for the refund of the purchase price. The time it takes for the refund to be processed depends on the respective credit card, but it normally takes place within two credit card statements. If the recipient of the items stated in the order does not match the buyer of the goods, the debited amount will always be refunded to the buyer and card or account holder. The refund is made in the same currency as the purchase. Any losses due to currency fluctuations will not be refunded. For all returns that you purchased with a voucher, you will be issued a new voucher. Model Withdrawal Form (If you want to withdraw from the contract, please fill out this form and send it back to us.) To: bieco GmbH Heidenkampsweg 44 20097 Hamburg Phone: +49 (0) 40 82211900 Email: support@bieco.de Date: I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*) - Order number - Ordered on (*) / received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only for notification on paper) - Date _______________ (*) Delete as appropriate. IMPORTANT: Please avoid damage and soiling. Please send the goods back to us, if possible, in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging, in order to avoid claims for damages due to damage resulting from inadequate packaging. Please note that the arrangements mentioned in the preceding paragraph are not a prerequisite for the effective exercise of the right of withdrawal.

11. DISPUTE RESOLUTION

11.1 We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. FINAL PROVISIONS

12.1 The law of the Federal Republic of Germany applies to contracts between the Seller and the Customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on restricting the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer, as a consumer, has their habitual residence, remain unaffected.

12.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller’s registered office.

12.3 The contract remains binding in its remaining parts even if individual points are legally invalid. In place of the invalid points, the statutory provisions apply, where available. Insofar as this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes invalid.