Conditions

GENERAL TERMS AND CONDITIONS FOR ONLINE TRADE

§ 1 SCOPE

These general terms and conditions (hereinafter GTC) apply exclusively to the business relationship in the Baysilver online shop (www.Baysilver.de) between Baysilver and the customer. Baysaat GmbH is the responsible operator of the Baysilver online shop. The version of the General Terms and Conditions valid at the time of the order is applicable. Baysilver online shop does not recognize deviating conditions of the customer, unless Baysilver online shop has previously agreed to their validity in writing. If the customer also uses the Baysilver configurator to customize the products he has ordered, the general terms and conditions for the Baysilver configurator apply in addition to these general terms and conditions, and in the event of a conflict they take precedence.

§ 2 CONTRACTUAL PARTNERS

The contractual partner is Baysilver, which is specified below:
Baysaat GmbH Jakob-Kaiser-Straße 4 47877 Willich

§ 3 CONCLUSION OF CONTRACT

The presentation of the products in the Baysilver online shop does not constitute a binding offer. It is subject to change and non-binding. The completion of the ordering process in the online shop represents a binding offer on your part to us to conclude a purchase contract. If you place an order in the Baysilver online shop, we will send you a confirmation e-mail confirming that we have received your order and its details listed (order confirmation). This order confirmation does not constitute acceptance of a contract, but only informs you that we have received your order. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within the stated delivery time. The contract is concluded exclusively in German. When selling marked, age-restricted products, Baysilver reserves the right to only deliver the products after appropriate proof of the customer's minimum age. If proof of age is missing, the Baysilver online shop is entitled to withdraw from the contract. In this case, payments already made by the customer will be refunded immediately. Please note that we only sell all products in normal household quantities. This relates both to the number of products ordered as part of an order and to placing multiple orders for the same product, where the individual orders cover a normal household quantity.

§ 4 RIGHT OF WITHDRAWAL

RIGHT OF CANCELLATION

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation 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 last goods. In order to exercise your right of withdrawal, you must send us (Baysilver, Baysaat GmbH, Jakob-Kaiser-Str. 4, 47877 Willich, phone: 02154 - 888 99 63 / 64, fax: 02154 - 888 99 67) a clear statement (e.g. B. by mail or fax) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier. You must send the goods back to us (Baysilver online shop, Baysaat GmbH, Jakob-Kaiser-Str. 4, 47877 Willich) immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract or to hand over. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

§ 5.1 NO RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to long-distance contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Since the embroidery, printing, gilding and engraving result in the corresponding creation of goods made according to customer specifications or these goods are tailored to the personal needs of the customer, the customer has no right of withdrawal when using them.

§ 6 NO RETURNS GUARANTEE

Baysilver does not offer a voluntary return guarantee for items that have been customized using the Baysilver online shop or that have been manufactured to customer specifications. An item is considered individualized if individual embroidery, printing, engraving, gilding, shaping (various motifs) has been carried out on it via the Baysilver online shop. The warranty claims remain unaffected. NOTE: Please first inform us in writing about your cancellation before you return the goods. The following information and details of the ordering party must be listed in the written notification: - first and last name - address (street, house number, city, country) - telephone number or e-mail (for queries) - order number of the item - date of order - quantity the article to be revoked SAMPLE FOR REVOCATION: I, John Doe, hereby revoke the purchase contract that I concluded with Baysilver on www.Baysilver.de. The order in the sales contract has the following number: XXX It was completed on the following date: DD/MM/YYYY I revoke all/one/two/... items My address: Musterstr. 5 47823 Musterstadt Germany My telephone number: +49XXXXXXX My e-mail address: muster@XXX.de END OF SAMPLE FOR WITHDRAWAL

END OF CANCELLATION INSTRUCTIONS

EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of cancellation does not apply to long-distance contracts
  • for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  • for the delivery of goods that can spoil quickly or whose use-by date would quickly expire,
  • for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery,
  • for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

§ 5 VOLUNTARY RIGHT OF RETURN UP TO 30 DAYS AFTER RECEIVING THE GOODS

You can return all items to the Baysilver online shop within 30 days of receipt of the goods. With this right of return, you can also withdraw from the contract after the 14-day cancellation period has expired (see cancellation policy above) by returning the goods within 30 days return them to the address below as soon as they are received (the period begins on the day after receipt of the goods). Timely dispatch is sufficient to meet the deadline. However, a prerequisite for exercising the voluntary right of return is that you return the goods complete, in their original condition, undamaged and in the original sales packaging. The goods are to be returned to:
Baysaat GmbH Jakob-Kaiser-Str. 4 47877 Willich
In the event of a return in compliance with the aforementioned conditions, we will reimburse you for the purchase price already paid, including shipping costs. You bear the transport risk. Your statutory right of cancellation (cf. § 4) is not affected by compliance with the rules on the supplementary contractually granted (voluntary) right of return and remains in effect independently of this. Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. In addition, the contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted.

§ 6 PRICES AND OFFERS

The prices given in the Baysilver online shop are in euros and include the statutory value-added tax. Additional shipping costs may apply for some products (see §7 below).

§ 7 DELIVERY, SHIPPING COSTS

Within Germany we deliver all items to your home. You can track the status of your online order in your customer account at any time using your order number. Unless otherwise agreed, delivery is made from the Baysilver online shop warehouse to the delivery address specified by the customer. The delivery address and billing address must be within Germany. Baysilver online shop is entitled to make partial deliveries if this is reasonable for the customer. If the Baysilver online shop is unable to deliver the ordered goods through no fault of its own, e.g. because the supplier of the Baysilver online shop does not fulfill its contractual obligations, the Baysilver online shop is entitled to withdraw from the customer. In this case, the customer will be informed immediately that the ordered product is not available and any consideration by the customer will be reimbursed immediately. The legal rights of the customer remain unaffected. If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or stairwell of the customer or because the customer cannot be found at the delivery address provided by him, although the customer was informed of the delivery time within a reasonable period of time , the customer bears the costs for the unsuccessful delivery. The items with the symbol in the product text are delivered by a forwarding agent Monday to Friday, so that an appointment is necessary. To arrange an appointment, the telephone number on which the recipient can be reached during the day must be specified in the order form. Services such as delivery to the place of use or the return of packaging do not apply to island deliveries. There is only a delivery service here. The transport costs are shown separately. The shipping costs are calculated per order and are independent of partial deliveries and the number of items ordered. If, for logistical reasons, a shipment is made in several deliveries, the shipping costs will only be charged once.In the case of payment in advance, the delivery time runs from receipt of payment

§ 8 NATURE OF PRODUCTS

The stated dimensions of the items are approximate and may vary slightly. If the product description contains a color specification, this is decisive. Slight deviations in the external appearance between the original and the product image in the catalog are possible. The same goes for handmade items. Some items, especially furniture, are delivered in individual parts that have to be assembled by hand. The Baysilver online shop does not offer an assembly service.

§ 9 TERMS OF PAYMENT, DEFAULT

The invoice amount is due upon acceptance of the order by the Baysilver online shop or, in the case of advance payment, upon receipt of the proforma invoice sent by confirmation email. The customer can pay the purchase price via PayPal or bank transfer. The choice of payment method is made by the customer. Payment by sending cash or checks is not possible. The Baysilver online shop accepts no liability for loss. When paying by bank transfer, the customer must transfer the invoice amount to the following account within 10 days of receipt of the proforma invoice sent by confirmation email, stating the invoice number:
Recipient
Baysaat GmbH
IBAN
DE31 3205 0000 0000 397869
BIC
SPKRDE33XXX
bench
Sparkasse Krefeld
If the delivery address is not the same as the billing address, you will only receive the invoice in electronic form. If you need a printed invoice, please contact us.

ADDITIONAL GENERAL TERMS AND CONDITIONS

§ 10 RESERVATION OF TITLE

The delivered goods remain the property of the Baysilver online shop until full payment has been made.

§ 11 OFFSET, RETENTION

The customer only has the right to offset if his counterclaims have been legally established or are undisputed by the Baysilver online shop. In addition, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 12 WARRANTY

If there is a defect in the purchased item, the statutory provisions apply. The statutory warranty rights apply to all goods from the Baysilver online shop. The assignment of a claim of the customer is excluded. If the supplementary performance is provided by means of a replacement delivery, the customer is obliged to return the first delivered goods to the Baysilver online shop within 14 days at the expense of the Baysilver online shop. The defective goods must be returned in accordance with the statutory provisions. The Baysilver online shop reserves the right to claim damages under the statutory conditions.

§ 13 LIABILITY

The Baysilver online shop is liable for damage resulting from injury to life, limb or health that is based on a culpable breach of duty by the Baysilver online shop, its representatives, employees or vicarious agents. The Baysilver online shop is also liable for claims under the Product Liability Act or if a defect has been fraudulently concealed or the Baysilver online shop has assumed a guarantee for the quality of a delivery item. The Baysilver online shop is liable for other damages outside of the above cases that are based on an intentional or grossly negligent breach of duty or, in the case of essential contractual obligations, on a simply negligent breach of duty on the part of the Baysilver online shop, its representatives, employees or vicarious agents.In the event of a simple negligent breach of essential contractual obligations, however, liability is limited to the foreseeable damage that is typical for the contract. Essential are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The Baysilver online shop is not liable for the simple negligent breach of obligations other than those mentioned in the above cases. The above regulations apply to all claims for damages, including damages in addition to performance and damages in lieu of performance, regardless of the legal reason, in particular due to defects, the breach of obligations arising from the contractual relationship or tort. They also apply to claims for reimbursement of futile expenses. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.

§ 14 DATA PROTECTION

On the Baysilver online shop website you will be asked for personal data. These are only stored and processed insofar as this is necessary for the purpose of your individual support and the information you require. Baysilver online shop assures that your information will be treated confidentially according to the applicable data protection regulations. Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders, the registration for the e-mail notification service and the transmission through the Baysilver online shop can be found in Privacy Policy.

§ 15 COPYRIGHT

All rights reserved. The content and structure of the Baysilver online shop website are protected by copyright and other protective laws. Unless otherwise stated, all trademarks in the Baysilver online shop are protected by trademark law. This applies in particular to Baysilver brands, company logos and emblems. Changing these pages is not permitted.

§ 16 CHOICE OF LAW, PLACE OF JURISDICTION, SEVERABILITY CLAUSE

The law of the Federal Republic of Germany applies. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the Baysilver online shop is its registered office, provided the customer is a merchant, a legal entity under public law or a public special fund. Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.

NOTE

Wherever only male personal designations were chosen, this was only for reasons of readability. All designations mean both genders.

BAYSILVER GIFT CERTIFICATE TERMS AND CONDITIONS

§ 1 SCOPE

These General Terms and Conditions apply exclusively to the purchase of a Baysilver voucher (hereinafter referred to as a gift voucher) from Baysilver in the Baysilver online shop. Baysaat GmbH is the responsible operator of the Baysilver online shop. The version of the respective GTC valid at the time of the order is applicable. Baysilver does not recognize any deviating terms and conditions of the customer unless Baysilver has expressly agreed to their validity in writing. For Baysilver items that are purchased with the gift voucher in the Baysilver online shop (www.Baysilver.de), the general terms and conditions of the Baysilver online shop apply to this purchase.

§ 2 CONTRACTUAL PARTNERS

The contractual partner is Baysilver, which is specified below:
Baysaat GmbH Jakob-Kaiser-Straße 4 47877 Willich

§ 3 CONTRACTUAL SUBJECT

The gift voucher can be used as a means of payment for the credited amount in the Baysilver online shop. The gift voucher is not personal and is transferable.

§ 4 CONCLUSION OF CONTRACT

The presentation of the gift voucher in the Baysilver online shop does not constitute a binding offer. Only the ordering of the gift voucher in the Baysilver online shop represents a binding offer to conclude a purchase contract. Baysilver accepts this offer either by means of an express declaration of acceptance in writing or by e-mail, at the latest within five days when the gift voucher is handed over. The gift voucher is only activated after full payment of the credit amount selected by the customer. The gift voucher remains worthless until activated. The contract is concluded exclusively in German. The order form used for the order is not stored by us and can no longer be called up after the order process has been completed. However, you can print out your order data immediately after sending the order or we will save the text of the contract and send you the order data by e-mail.

§ 5 RIGHT OF WITHDRAWAL

RIGHT OF CANCELLATION

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation 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 last goods. In order to exercise your right of cancellation, you must send us (Baysilver, Baysaat GmbH, Jakob-Kaiser-Str. 4, 47877 Willich, telephone: 02154 - 882 93 30 / 31, fax: 02154 - 882 93 32) a clear statement (e.g. B. by mail or fax) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us (Baysilver, Baysaat GmbH, Jakob-Kaiser-Str. 4) immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

END OF CANCELLATION INSTRUCTIONS

NOTE:

We ask you to return the items to us using the return slip and the enclosed DHL return label. You can indicate the reasons for the return on the return slip. This helps us to improve our service to you.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of cancellation does not apply to long-distance contracts
  • for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§ 6 DUE DATE, METHOD OF PAYMENT

The invoice amount is due upon acceptance of the order by the Baysilver online shop. The customer can pay the purchase price by direct bank transfer if they choose a gift voucher to print out. When purchasing a gift voucher by post, he has the choice between bank transfer and PayPal. The choice of payment method is made by the customer. Payment by sending cash or checks is not possible. The Baysilver online shop accepts no liability for loss. When paying in advance, the customer must transfer the invoice amount to the following account within 10 days of receipt of the proforma invoice sent by confirmation email, stating the invoice number:
Recipient
Baysaat GmbH
IBAN
DE31 3205 0000 0000 397869
BIC
SPKRDE33XXX
bench
Sparkasse Krefeld
If the delivery address is not the same as the billing address, you will only receive the invoice in electronic form. If you need a printed invoice, please contact our customer service.

§ 7 DELIVERY, SHIPPING COSTS

Deliveries are generally only possible within Germany. If a sales contract has been concluded according to the above provisions, the gift voucher will regularly reach the customer after the conclusion of the sales contract within the delivery time specified on the product page.

§ 8 VALIDITY, TRANSFERABILITY

The gift voucher is valid in all participating Baysilver stores and in the Baysilver online shop. The gift voucher remains valid for 24 months from the time of activation and is not personal. You can use the gift voucher yourself or give it away.

§ 9 USE OF THE GIFT VOUCHER AS A METHOD OF PAYMENT, OBLIGATORY

An online purchase with the gift voucher is only possible within the online range of the Baysilver online shop. Transactions can be effectively made against the gift voucher by entering the voucher number. Below the shopping cart you will find an input field for the card number. If the value of your shopping cart is lower than the credit on the gift voucher, the remaining value remains on the gift voucher. The current balance is also displayed. If the credit on the gift voucher is lower than the total of the shopping cart, you can choose between the payment methods PayPal and bank transfer to complete your order.

§ 10 LIABILITY

Baysilver is not responsible for stolen or lost gift vouchers. If lost, stolen or damaged, the gift voucher will not be replaced. Baysilver is not liable for damage resulting from transactions by unauthorized persons stating the voucher number. Baysilver is also not liable for the use of the gift voucher by an unauthorized person. Claims can only be made upon presentation of the gift voucher. Otherwise, the statutory provisions apply.

§ 11 INTEREST

No interest is paid on the credit of the gift voucher

§ 13 DATA PROTECTION

On the Baysilver online shop website you will be asked for personal data. These are only stored and processed insofar as this is necessary for the purpose of your individual support and the information you require. The Baysilver online shop assures that your information will be treated confidentially in accordance with the applicable data protection regulations. Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders, the registration for the e-mail notification service and the transmission through the Baysilver online shop can be found in the data protection declaration.

§ 14 APPLICABLE LAW

German law applies to the exclusion of the UN Sales Convention (CISG).

§ 15 VOLUNTARY RIGHT OF RETURN UP TO 30 DAYS AFTER THE CONTENTS OF THE GOODS

You can return the gift voucher by post to the Baysilver online shop within 30 days of receipt. To return a printable gift voucher, please contact our customer service. With this right of return, you can withdraw from the contract even after the 14-day cancellation period has expired (see cancellation policy above) by returning the gift voucher to the above address within 30 days of receipt (period begins on the day after receipt of the goods). the gift voucher to print out). Timely dispatch is sufficient to meet the deadline. However, a prerequisite for exercising the voluntary right of return is that you return the gift voucher with the full amount in its original condition and without damage in the original sales packaging. A gift voucher issued as part of a promotion/a sweepstakes is excluded from the right of return.

NOTE

Wherever only male personal designations were chosen, this was only for reasons of readability. All designations mean both genders.
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