AGBs
General Terms and Conditions and Customer Information
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (A&K Traders Ksepko sp. j. Kolobrzeska 56, 78-600 Walcz, 7651688774) via the website baubay.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Ordering and Conclusion of Contract
(1) You order in our shop by going through the following steps:
- a) You place items into your shopping cart non-committally by clicking on "add to cart".
- b) You can view all items that you have placed in the shopping cart by clicking on "Shopping Cart". Here you can also delete items or change the quantity.
- c) If you wish to purchase the items from your shopping cart, click on "Proceed to Checkout". This will take you to the ordering process.
- d) In the ordering process, you first enter your address and payment details.
- e) Before you submit your order, you will receive an overview on the control page of all data of your planned orders (in particular billing and delivery address, product, price, quantity, payment method). Here you will be requested to confirm the accuracy of your details. You can also correct or change your order details here.
- f) Only by clicking on the "Buy" button do you submit your order to us.
(2) After submitting, you will receive an email confirming the receipt of your order by us and listing its details (acknowledgement of receipt).
§ 3 Formation of the Contract
(1) The object of the contract is the sale of goods.
(2) The product descriptions of the provider on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) The customer will initially receive an automatic email regarding the receipt of their order, which does not yet lead to the conclusion of a contract.
(4) By submitting the order via the "buy" button, the customer submits a binding offer to the provider.
(5) The acceptance of the offer (and thus the conclusion of the contract) takes place by confirmation in text form (e.g., email), in which the execution of the order or the delivery of the goods is confirmed to the customer (order confirmation) or by dispatching the goods.
(6) Inquiries (e.g., selecting the option "No payment - I just want to send an inquiry" during the checkout process) from the customer regarding the purchase of goods or for an individual offer creation outside of the online shopping cart system are non-binding for the customer. The provider will submit a binding offer in text form (e.g., via email) to the customer for this purpose, which the customer can accept within 5 days.
(7) The customer must ensure that the email address provided by them to the provider is correct and that the receipt of emails is technically ensured.
(8) Under certain circumstances, we might not be obligated to perform despite an existing purchase contract if fulfillment is impossible in accordance with § 275 Para. 1 BGB.
§ 4 & § 5 Storage, Delivery Area
§ 4: Your order remains stored with us. Customers with an account can view data there; customers without an account can use the link in the confirmation email.
§ 5: We deliver to the EU. Other countries by arrangement.
§ 6 Prices and Limited-Time Offers
(1) All price specifications are net (plus VAT) and gross (incl. VAT) plus shipping costs. The price at the time of the order applies.
(2) Commercial customers with a valid EU VAT ID number can be exempted from value added tax (0%) after verification. Please contact us for this purpose.
(3) Offers may be limited in time or quantity (see product description).
(4) Within the EU, no customs duties or excise duties apply.
(5) For customers outside the EU, customs duties may apply, which are to be borne by the customer.
§ 7 Payment
(1) Available payment methods:
- Advance payment: Bank transfer within 7 days after order placement.
- Instant bank transfer (Sofort-Überweisung)
- PayPal: (2.99% surcharge applies)
- Cash payment upon self-collection: (Only for stock items)
(2) We reserve the right not to offer individual payment methods based on creditworthiness.
§ 8 Delivery Times
(1) Parcel service: The shipping time specified for the product refers to working days from receipt of payment until readiness for dispatch. Delivery takes place 3-5 working days after dispatch (Mon-Fri).
(2) Truck deliveries: By arrangement (generally up to 2 weeks after receipt of payment).
(3) In the case of different shipping times, the period of the product with the longest duration applies.
(4) Delivery is subject to correct and timely self-supply. In case of non-availability, we will refund any payments already received immediately.
§ 9 Right of Retention, Retention of Title
(1) Right of retention only for claims from the same contractual relationship.
(2) The goods remain the property of the provider until full payment has been made.
(3) For entrepreneurs, extended retentions apply (securing the ongoing business relationship, regular resale with assignment of claims).
§ 10 Warranty
(1) The statutory warranty rights for defects exist.
(2) The goods are new and carry a manufacturer's warranty. Please send complaints in advance to [email protected].
(3) Consumers are requested to check the goods immediately for completeness and transport damage.
(4) For entrepreneurs, the warranty period is one year; obligation to give notice of defects within 7 days after receipt.
§ 11 Transport Damage (Important Instructions)
(1) Check for torn foil, rips, scratches, dents on boxes, or damaged pallets.
(2) Open boxes in the presence of the driver.
(3) In case of suspicion, request a remark on the delivery note.
(4) If verification is refused: enter the remark "accepted under reservation".
(5) With your signature, you confirm the receipt of undamaged goods!
(7) Complaints without a remark have a 30-day processing time (no immediate redelivery at our expense).
§ 12 - § 15 Liability, Choice of Law and Dispute Resolution
§ 12 Liability: Limited to contract-typical, foreseeable damage in case of essential obligations.
§ 13 Choice of Law: Polish law applies (taking into account consumer protection laws of the state of residence). The place of jurisdiction is the registered office of the provider (for merchants).
§ 14 Amendments to the GTC: We are entitled to unilaterally adjust the GTC in the event of legal or technical changes. Period for objection: 6 weeks.
§ 15 Online Dispute Resolution: ODR platform of the EU: http://ec.europa.eu/consumers/odr