General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider. (Andreas Venus) These terms and conditions are concluded via the website bavarian-bondage.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
(4) Your requests for a quote are non-binding. We will then send you a binding offer in written form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters.
§ 3 Custom-designed goods
(1) You provide us with the necessary information, texts, or files for the individual customization of the goods via the online ordering system or by email. Please observe any specifications we may have regarding file formats.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws.
In the event of a breach of this obligation, you will be liable to us for any damages we incur in this context as a result of legitimate claims asserted against us by third parties. This does not apply if you are not responsible for the infringement.
(3) You are required to check the accuracy of the data before submitting it. We do not check the submitted data.
§ 4 Formation of the contract for courses
(1) The subject of the contract is the provision of courses.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) Your requests for a quote are non-binding. We will then send you a binding offer in written form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the offer).
(3) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters.
§ 5 Provision of services for courses
(1) The courses will be conducted in the form described in the respective offers on the agreed dates.
(2) Insofar as the execution of the courses depends on the number of participants, the minimum number of participants is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g., by email) at least 7 days before the course begins that the booked course will not take place. Any payments already made will be refunded immediately in this case.
(3) If an individual event is cancelled due to the short-term absence of the course instructor because of illness or other important reasons, the services already provided will be refunded immediately.
For events consisting of multiple dates, if a date is cancelled due to the short-term absence of the instructor because of illness or other important reason, the cancelled date will be rescheduled for a later date.
(4) When using classrooms and facilities, you must comply with the posted house rules. You must follow our instructions and the instructions of the course instructor.
§ 6 Withdrawal / Cancellation
(1) You can withdraw from the contract free of charge up to 14 days before the course begins. Withdrawal must be in writing (e.g., email). The date of receipt of your withdrawal notice by us is decisive for meeting the deadline.
Withdrawal is no longer possible less than 14 days before the course begins.
(2) In the event of non-attendance or partial attendance at the booked course, no refund of course fees is possible.
(3) The statutory right of withdrawal remains unaffected; it exists independently of the existence or non-existence of this additional right of withdrawal.
§ 7 Substitute Participants
You can nominate a substitute participant at any time before the course begins. There are no costs associated with this change.
§ 8 Special agreements regarding offered payment methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via „PayPal“ / „PayPal Checkout“
When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "PayPal" can be found at [link to PayPal website]. https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 9 Service provision for vouchers (voucher terms and conditions)
(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the legal notice.
(2) Purchased vouchers entitle you to redeem the credit amount specified on the voucher within the validity period. Vouchers can only be redeemed in our online shop at bavarian-bondage.de or, where indicated, in our physical store. The service description and redemption conditions described therein at the time of purchase of the voucher apply.
(3) The voucher is valid for 3 years from the date of purchase until the end of the calendar year, unless a different validity period is specified in the respective offer.
(4) To redeem a voucher, the full purchase price must be paid. The voucher must be redeemed during the online ordering process on our website by entering the voucher code in the designated field. Subsequent crediting is not possible. Any remaining balance will remain on the voucher and can be used for future orders.
(5) Only one voucher can be redeemed per order.
(6) No refunds or exchanges will be issued after the cancellation period has expired or the consumer's right of withdrawal has lapsed. Cash payment or partial payment of voucher amounts is not possible. Voucher balances do not accrue interest. If the statutory right of withdrawal is exercised for goods or services paid for with a voucher, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.
(7) The voucher may be passed on or transferred.
§ 10 Right of Retention, Retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables. However, if you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.
§ 11 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are considered agreed upon as the quality of the goods, not other advertising, public statements and pronouncements by the manufacturer.
b) In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a price reduction or withdraw from the contract. A remedy is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
– damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
– in the case of statutory recourse claims that you may have against us in connection with warranty rights.
§ 12 Choice of Law
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
II. Customer Information
1. Seller's identity
Andreas Venus
Haidberg 2
94379 Sankt Englmar
Germany
Telephone: 016091594448
Email: info@bavarian-bondage.de
We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
6.3. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6.6. Unless otherwise agreed, payment for booked courses must be made on site before the start of the course at the latest on the course date; otherwise, there is no entitlement to participation.
7. Delivery conditions
7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
8. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drafted by the IT law specialists at the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/
