General terms and conditions of byaylinkoenig.com
For the business relationship between byaylinkoenig and the customer, the following General Terms and Conditions of Business in the version available on the Internet at the time of the order shall apply exclusively, unless they have been amended with the express consent of the seller. Deviating conditions of the buyer are not valid even if we have not expressly contradicted them.
The shipping costs and terms of delivery according to § 5 are only valid for shipping within the Federal Republic of Germany. For deliveries to other European countries, an offer will be made for each order, since the shipping costs vary greatly.
§ 2 Conclusion of contract
The customer orders goods from byaylinkoenig via online shopping on the Internet. This commits itself to the execution of the order to the conditions of the website.
§ 3 Non-performance of the offer
In case of typing and calculation errors and mistakes in the website byaylinkoenig is not obliged to accept the offer and to execute the order.
§ 4 Delivery
Visible damage to the packaging upon delivery must be reported immediately to the carrier (parcel service carrier) and confirmed. Other damages must be reported to us within 14 days after discovery or occurrence If an article is not available, but an equivalent or better quality article is available, we may deliver this without additional cost to you as a replacement. If you do not like a replacement article, you can send it back. Byaylinkoenig will pay the shipping costs of the return.
§ 5 Payment
The order will be shipped after payment. The purchase price consists of the purchase sum and the shipping costs.
You can choose from the available payment methods during and before completion of the order process. Available are the payment via the payment provider PayPal and the payment options offered by PayPal by direct debit, credit card or PayPal account and the payment provider Stripe by credit card. The terms and conditions and data protection information of the respective payment providers apply.
§ 6 Retention of title
The goods delivered to the customer are the property of byaylinkoenig until full payment has been made.
§ 7 Warranty
We are liable for defects in the delivery – except in the absence of warranted characteristics or in the case of culpable material contractual obligations – to the exclusion of further claims as follows.
The statutory warranty periods for new products from the transfer of risk are 24 months for private use and 12 months for commercial and/or professional use. If repairs or additional deliveries are made within the warranty, this does not trigger a new start of the warranty period.
The warranty does not extend to damage caused by normal wear and tear, faulty assembly and installation work or faulty commissioning, insofar as we are not at fault, faulty or negligent handling or maintenance, improper use and non-observance of the installation or operating instructions and the relevant standards. In particular, the warranty does not extend to the wear and tear of wearing parts. Wear parts are all rotating parts, all drive parts and tools. Warranty claims shall also expire if modifications or repairs are carried out by the customer or a third party without our approval.
If the purchaser does not give us the opportunity and a reasonable time to convince ourselves of the defect and, if necessary, to carry out the necessary subsequent performance (repair or replacement), all claims for defects shall lapse.
Further claims of the buyer, in particular due to lack of warranted characteristics or due to damage not occurring to the delivery item itself, shall be excluded to the extent permitted by law
§ 8 Data protection
The customer is aware and agrees that his personal data necessary for the order and order processing are stored on data carriers. He expressly agrees to the collection, processing and use of his personal data. The customer has the right to revoke this consent at any time with effect for the future. The company byaylinkoenig commits itself for the case to the immediate deletion of the personal data, it is, an order procedure is not yet completely completed.
§ 9 Place of jurisdiction / place of performance
Unless otherwise stated in the purchase contract or the order confirmation, the place of performance shall be the Seller’s place of business.
For all legal disputes, also in the context of a bill of exchange or cheque process, the business location of the seller is the place of jurisdiction if the buyer is a merchant, a legal entity under public law or a special fund under public law. The seller is also entitled to sue at the buyer’s place of business.
The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship.
§ 10 Legal validity
Should individual provisions be or become legally ineffective or should there be a gap in the contract, this shall not affect the effectiveness of the remaining content of the contract.
§ 11 Exclusion of liability
This website was created and checked with the greatest possible care. However, the publisher accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. The publisher excludes any liability for damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information, unless there is evidence of wilful intent or gross negligence on the part of the publisher. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without special notice or to discontinue the publication temporarily or permanently.
§ 12 References and links
The publisher hereby expressly declares that at the time of setting the links to external Internet sites, no illegal content was identifiable on the linked sites. The publisher has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was set. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the site to which reference is made is solely liable.
§ 13 Copyright
Brand names are used freely and without separate identification. These names are the property of their respective owners and are used for informative purposes. The mere mention of a brand name does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any reproduction or use of such graphics and texts in other electronic or printed publications is not permitted without the express consent of the author.
§ 14 Reproduction
Any reproduction of the texts, pictures and graphics provided on these pages requires the express prior written permission of the author. The copyright of the author remains unaffected. The right of use lies with the publisher and may not be passed on to third parties without prior written permission. All texts without author information are subject to the copyright of the publisher. Any reproduction on other electronic and non-electronic media is also prohibited.