General terms and conditions
1. Scope
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders.
"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, formation of contract, correction facilities
The contract is concluded with BMSC GmbH.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data and our General Terms to you by e-mail. You may also view the text of the contract in our customer login area.
4. Subject of contract
4.1 Product description
Reference is made to the validity of the respective product description as an integral part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any uncertainties:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.
Natural variations in the grain, structure and colour of wood products are possible.
5. Delivery conditions
5.1 Delivery costs
Standard shipping is free of charge from an order value of von 49 GBP including VAT.
5.2 Delivery options
We ship the products to the delivery address specified in the order process.
We only dispatch goods en route; pick up by the customer is not possible.
5.3 Delivery by forwarding agent
Making an appointment
In the case of delivery by a forwarding agent, the forwarding company commissioned by us will contact you to arrange a delivery date.
Place of delivery
Delivery of the goods is limited to the transport of the goods to the house door of the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
6. Payment
6.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
6.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of GBP 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to traders: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of GBP 40. Further claims remain unaffected by this.
6.3 Payment methods
The following payment methods are basically available in our online shop.
Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.
PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.
The payment transaction will be processed by PayPal immediately after placing the order.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been sent out.
Direct debit via PayPal
Precondition for payment by direct debit via PayPal is an address and credit check, the payment is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date your account is charged (so-called prenotification). The account will be charged before the goods are sent out.
Invoice payment via PayPal
Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to PayPal.
7. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
8. Retention of title
The products shall remain our property until full payment is made.
For traders, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
9. Damage during delivery
For consumers the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.
10. Warranty and guarantees
10.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.
10.2 Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.
Customer service: Sie erreichen unseren Kundendienst für Fragen, Reklamationen und Beanstandungen werktags von 8:00 Uhr bis 16:00 Uhr per E-Mail unter info@bmsc24.com.
11. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
12. Code of conduct
We have submitted to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)
13. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
14. Final provisions
If you are a trader, UK law applies, to the exclusion of the UN Sales Convention.
If you are a 'trader' within the meaning of the UK Commercial Code, public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office in the United Kingdom.
Should individual clauses of these GTC be wholly or partially unenforceable, the remainder of the contract shall remain valid. If individual clauses are invalid or unenforceable, the content of the contract shall be governed by the statutory provisions.