Terms and Conditions
Scope of application
Conclusion of contract
Prices and terms of payment
Delivery and shipping conditions
Liability for defects
Redemption of promotional vouchers
Applicable law, place of jurisdiction
1) Scope of application
1.1 These Terms and Conditions of BVM Engineering AG (hereinafter referred to as the "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer.
of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these GTC.
However, the text of the contract can no longer be retrieved by the customer via the seller's website after the order has been sent.
2.6 Before the binding submission of the order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Prices and terms of payment
3.1 The Seller's stated prices include the statutory value added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop.
3.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.
3.4 The payment method credit card payment requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.de). If the customer is permitted to pay by credit card after the creditworthiness has been checked, the payment shall be processed in cooperation with secupay AG, to which the Provider shall assign its payment claim. secupay AG shall collect the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be debited immediately after the customer's order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the supplier shall remain responsible for
general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes.
3.5 If the payment method "PayPal" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.
4) Delivery and shipping conditions
4.1 Goods are regularly delivered by shipping and to the delivery address provided by the customer. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be authoritative.4.2 Sendet das Transportunternehmen die versandte Ware an den Verkäufer zurück, da eine Zustellung beim Kunden nicht möglich war, trägt der Kunde die Kosten für den erfolglosen Versand.
4.3 As a matter of principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer when the goods are dispatched or when they are handed over to the appointed carrier.
4.4 Self-collection is not possible for logistical reasons.
5) Liability for defects
The statutory liability for defects shall apply.
6) Redemption of promotional vouchers
6.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
6.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
6.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
6.4 Several promotional vouchers can also be redeemed for one order.
6.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
6.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
6.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
6.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his contractual right of cancellation, if such a right has been agreed.
6.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
7) Applicable law, place of jurisdiction
7.1 If the customer is acting as a consumer, all legal relations between the parties shall be governed by Swiss law, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
7.2 If the customer is acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the seller.
Right of withdrawal
You have the right to cancel this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (BVM Engineering AG, Langweid 4, 6331 Hünenberg, Switzerland, email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you cancel this contract, we will return to you all payments we have received from you, including delivery charges (excluding any additional charges,
(with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without undue delay and at the latest within thirty days from the day on which we received the notification of your revocation of 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 case 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 returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than thirty days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the thirty-day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.