Terms
Terms of contract within the framework of the online shop provider
JoViKontor GmbH
- BandWerk -
Augustenstraße 41
80333 Munich
Germany
registered in the Commercial Register of the District Court of Munich under HRB 230629, represented by the Managing Director Jonas Burgmann, VAT Identification No.: DE310382918 (hereinafter "BandWerk" or "we") of purchase contracts via the online shop www.bandwerk.com which are concluded between BandWerk
and
the customer designated in § 1 of this General Terms and Conditions.
§ 1 Applicability only to consumers, definition of terms
(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship of purchase contracts via the platform www.bandwerk.com between BandWerk and the customer (hereinafter "customer").
(2) Our online shop is aimed exclusively at consumers. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of the contract, storage of the contract text
(1) The purchase contract is concluded with BandWerk.
(2) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
(3) The customer can select the desired products and, if possible, for the respective product, optionally make the desired individualisation(s) such as "PERSONALISE" and/or an Upgrade, e.g. to a butterfly clasp, and place them in the CART without obligation. The entries can be changed at any time before the customer sends the binding order by using the correction aids provided and explained for this purpose in the order process.
(4) By clicking the order button "PAY NOW", the customer places a binding order for the products contained in the CART and at the same time confirms that he/she has accepted the BandWerk General Terms and Conditions. When the contract with BandWerk is concluded depends on the payment method selected by the customer:
Credit card
When submitting the order, the customer simultaneously sends us their credit card details. After the legitimation as a legitimate cardholder, we request the customer's credit card company to initiate the payment transaction and thereby accept the offer.
PayPal, PayPal Express
During the ordering process, the customer is redirected to the website of the online provider PayPal. There the customer can enter his/her payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, BandWerk requests PayPal to initiate the payment transaction and thereby accepts the customer's offer.
Apple Pay
In the order process, the customer is redirected to the website of the online provider Apple Pay. After submitting the order in the shop, BandWerk requests Apple Pay to initiate the payment transaction and thereby accepts the customer's offer.
Sofort by Klarna
After placing the order, the customer is redirected to the website of the online provider Sofort GmbH, where he/she confirms the payment instruction. This concludes the contract with BandWerk.
Klarna invoice
BandWerk accepts the order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
(5) Confirmation of receipt of the order shall be sent by e-mail immediately after the order has been sent by means of an automatically generated e-mail in which the customer's order is listed again. The contract shall be concluded in English. BandWerk saves the text of the contract consisting of the order overview and the General Terms and Conditions and sends this to the customer permanently on a data carrier (e-mail). If a customer account exists, the customer can view his past orders in the customer area of the online shop under "ACCOUNT ➔ ORDERS".
§ 3 Prices, shipping costs, payment, due date
(1) All prices are final prices and include the statutory value added tax (VAT).
(2) BandWerk pays the shipping costs for the customer if the delivery address is in the following countries: Germany, Austria, Australia & New Zealand, Canada and the continental US.
(3) The goods are shipped by post. The shipping risk is borne by BandWerk if the customer is a consumer.
§ 4 Payment modalities
(1) The customer can make payment via various payment methods, such as by
Credit card
When placing the order, the customer simultaneously transmits his credit card data to us. After the cardholder has been legitimised as a legitimate cardholder, we will request his credit card company to initiate the payment process immediately after the order is placed. The payment transaction is automatically carried out by the credit card company and his card will be charged.
PayPal, PayPal Express
During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or must first register, legitimise himself with his access data and confirm the payment instruction to us. After the order has been placed in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer will receive further instructions during the ordering process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), the customer must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise himself with his access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. The customer will receive further instructions in the order process.
Sofort by klarna - instant bank transfer
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Klarna Invoice
In cooperation with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, BandWerk offers purchase on account as a payment option. Please note that Klarna Invoice is only available to consumers and that the payment must be made to Klarna in each case.
The full terms and conditions for invoice purchase can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
(2) The customer can change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
(4) The customer's obligation to pay interest on arrears does not preclude BandWerk from asserting further damage caused by default.
§ 5 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery in this case usually takes place within 3-4 working days at the latest after the order confirmation has been sent out, depending, however, on the speed of postal dispatch and the country of the delivery address; we have no influence on this. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank commissioned with the transfer and, for all other payment methods, on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or a German public holiday at the place of delivery, the deadline ends on the next German working day.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the customer until the item is handed over to the customer, even in the case of sale by dispatch.
(3) BandWerk only delivers its goods to customers who have their delivery address in one of the countries listed under the "Shipping address" selection list button.
(4) If the order cannot be delivered after several attempts for reasons for which we are not responsible, it will be returned to us. If the goods are returned to us and we have received the goods, we will assume in this case that you wish to revoke the contract, which will then automatically be converted into a debt return relationship. As a consequence of this, we will immediately, but no later than 14 days after withdrawal, refund all payments received from you, excluding shipping costs (with the exception of additional costs resulting from the fact that you have chosen a different shipping method than the standard shipping method offered by us).
In the event of re-shipment due to an incorrect address provided by the customer, we reserve the right to claim the flat rate shipping charge retrospectively. The customer is responsible for ensuring that all details are correct prior to completing their order process and that they have checked that all details are correct.
§ 6 Gift Card
The customer may enter one discount code per order transaction, which is located on the BandWerk Gift Card. The combination of different discount codes is not possible. The discount code can be entered in the "Discount code" field in the checkout, which will change the purchase value in live mode according to the amount of the discount code.
§ 7 Retention of title
We retain title of the goof until the purchase has been paid in full.
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§ 8 Right of withdrawal of the customer as a consumer
Right of withdrawal for consumers
Consumers have a statutory right of withdrawal when concluding a distance selling transaction, which BandWerk informs about below in accordance with the statutory model in paragraph (1). The exceptions to the right of withdrawal are regulated in paragraph (2) and the consequences of withdrawal in paragraph (3). A sample withdrawal form can be found in § 7.
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Beginning of cancellation policy
- Right of withdrawal
You have the legal right to withdraw from 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, took or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
BandWerk
JoViKontor GmbH
Augustenstraße 41
80333 Munich
Germany
E-mail: service@bandwerk.com
a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
2. Exceptions to the right of withdrawal
According to § 312g para. 2 sentence 1 BGB (German Civil Code), goods that have been manufactured according to customer specifications or are clearly tailored to the personal needs of the costumer are excluded from withdrawal. These are primarily items for which an engraving, embossing, imprint or other specific changes that do not correspond to our standard product are applied or attached (hereinafter referred to as 'personalisation'). Personalisation makes the item non-recyclable for us, which is equivalent to a total economic loss. All personalised articles are intended for final sale and have been personalised according to the customer's instructions. BandWerk is not liable for errors that are based on an instruction or specification of the customer. Furthermore, we reserve the right to reject generally inappropriate, offensive, racist, sexual, violent or insulting personalisations at our own discretion. If, in individual cases, we exchange or take back personalised items described here, this will be done exclusively for reasons of goodwill without recognition of any legal obligation. In the event of a return, we reserve the right to decide whether to refund the full or a part of the purchase price.
3. Consequences of withdrawal
If you revoke this contract and there is no exception to the right of withdrawal, we must repay you all payments that we have received from you, including the shipping costs (with the exception of those shipping costs that result from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us or if the shipping costs are higher than €12.99), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 delay and in any case no later than fourteen 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 period of fourteen days.
The direct costs of returning the goods shall be borne by BandWerk.
End of the cancellation policy
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§ 9 Withdrawal form
Sample withdrawal form
(If you wish to revoke the contract, please complete and return this form.)
To:
BandWerk
JoViKontor GmbH
Augustenstraße 41
80333 Munich
Germany
E-mail: service@bandwerk.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable.
§ 10 Warranty for material defects, customer service
(1) BandWerk is liable for material defects in accordance with the legal applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).
(2) An additional warranty exists for the goods delivered by BandWerk only if this has been expressly stated in the acknowledgement of receipt for the respective article.
Customer service: You can reach our customer service for questions and complaints on German weekdays from 12 noon to 5 p.m. Central European Time (CET) under the telephone number +49 89 21094103 and on German weekdays by e-mail at service@bandwerk.com between 9 am and 5 pm.
§ 11 Liability
(1) Claims of the customer for damages are excluded. The following are excluded from this principle: claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by BandWerk, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, BandWerk is liable only for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.
(3) The restrictions of paras. 1 and 2 also apply in favour of BandWerk's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paras. 1 and 2 do not apply insofar as BandWerk has fraudulently concealed the defect or has assumed a guarantee for the quality of the object. The same applies insofar as BandWerk and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 12 Contractual language, Miscellaneous
For purchases at www.bandwerk.de, German is the contractual language. For purchases at www.bandwerk.com, English is the contractual language. In all cases German law is applicable.
Status of the General Terms and Conditions: June 2023