Terms and Conditions

Terms of contract within the framework of the online shop provider
 

BANDWERK GmbH

Wettersteinstr. 8
82335 Berg
Germany

 

registered in the commercial register of the Munich District Court under HRB 230629, represented by the managing directors Jonas Burgmann, Lukas Rossnagel und Merdan Demirci, VAT identification number: DE310382918 (hereinafter "BandWerk" or "we") of purchase contracts via the online shop www.bandwerk.de between BandWerk

and

the customer referred to in § 1 of the contract

be closed.

§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 between and the customer (hereinafter "customer") via the platform www.bandwerk.de . 

(2) Our online shop is aimed exclusively at consumers. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§2 Conclusion of 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 rather a non-binding online catalogue. 
  3. The customer can select the desired products and, if possible for the respective product, optionally make the desired customization(s) such as "personalization" and/or an upgrade, e.g. to a folding clasp, and place them in the shopping cart without obligation. The customer's entries can be changed at any time before submitting the binding order by using the correction aids provided and explained in the ordering process. 
  4. By clicking the order button "Pay now" the customer places a binding order for the products in the shopping cart and at the same time confirms that he has accepted the BandWerk terms and conditions. When the contract with BandWerk is concluded depends on the payment method chosen by the customer: 

 

Credit card

When placing the order, the customer simultaneously sends us their credit card details. After you have been identified as the legitimate cardholder, we ask 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 their payment details and confirm the payment instruction to PayPal. After placing the order in the shop, BandWerk asks PayPal to initiate the payment transaction and thereby accepts the customer's offer.

Apple Pay

During the ordering process, the customer is redirected to the website of the online provider Apple Pay. After placing the order in the shop, BandWerk asks 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 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.
Mail or by delivery of the goods within two days.

 

  1. Confirmation of receipt of the order is sent by email immediately after the order has been sent, in an automatically generated email in which the customer's order is listed again. The contract is concluded in German. BandWerk saves the contract text consisting of the order overview and general terms and conditions and sends this to the customer permanently on a data medium (email). 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 statutory sales tax (VAT). 
  2. BandWerk will cover the shipping costs for the customer if the delivery address is in the following countries: Germany and Austria.
  3. The goods are dispatched by post. The shipping risk is borne by BandWerk if the customer is a consumer. 

 

§4 Terms of payment

(1) The customer can make payment using various payment methods, such as 

Credit card

When placing the order, the customer simultaneously sends us his credit card details.
After his legitimation as a legitimate cardholder, we immediately request
of the order his credit card company to initiate the payment transaction
The payment transaction is automatically processed by the credit card company
carried out and his card charged.

PayPal, PayPal Express


During the ordering process, the customer is redirected to the website of the online provider PayPal
To pay the invoice amount via PayPal,
he must be registered there or register first with his access data
legitimize and confirm the payment order to us. After submitting the
When you place an order in our shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be processed automatically by PayPal immediately
The customer will receive further information 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, identify themselves with their access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. The customer will receive further information during the ordering process.

Sofort by klarna – instant bank transfer

After placing your order, you will be redirected to the website of the online provider
Sofort GmbH. To pay the invoice amount via Sofort
you must have an online account that is activated for participation in Sofort
Have a banking account with PIN/TAN procedure, identify yourself accordingly and
confirm the payment order to us. For further information, please contact
Order process. The payment transaction is processed immediately afterwards by Sofort
carried out and your account debited.

Klarna invoice

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm,
Sweden, BandWerk offers purchase on account as a payment option.
Please note that Klarna invoice is only available for consumers and
that payment must be made to Klarna.

The complete terms and conditions for purchase on account 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 stored 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 default interest does not exclude BandWerk from claiming further damages for default.

§5 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. Delivery is usually made within 3-4 working days of the order confirmation being sent, but this depends on the speed of postal delivery 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 is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the item sold shall only pass to the customer upon delivery of the item to the customer, even in the case of a sale by dispatch.

(3) BandWerk only delivers its goods to customers who have their delivery address in one of the countries listed under the selection list button “Delivery address”. 

(4) If the order cannot be delivered after several attempts for reasons beyond our control, it will be returned to us. If the goods are returned to us and we have received the goods, in this case we will assume that you wish to withdraw from the contract, which will then automatically be converted into a return obligation. 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 shipping method other than the standard shipping method offered by us).   

If the customer re-ships the goods because they have provided an incorrect address, we reserve the right to subsequently charge the shipping fee. The customer is responsible for ensuring that all information is correct and that they have checked it for accuracy before completing the order process. 

§5 Gift voucher

The customer can enter one discount code per order, which is on the BandWerk gift card. It is not possible to combine different discount codes. The discount code can be entered in the "Gift card or discount code" field during checkout, which means that the purchase value in live mode changes according to the amount of the discount code. 

§ 6 Retention of title

We reserve ownership of the goods until the purchase price has been paid in full.

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§7 Right of withdrawal of the customer as a consumer:

Right of withdrawal for consumers

When concluding a distance selling contract, consumers have a statutory right of cancellation, about which BandWerk informs them below in accordance with the statutory model in paragraph (1). The exceptions to the right of cancellation are regulated in paragraph (2) and the consequences of cancellation in paragraph (3). A sample cancellation form can be found in Section 7.

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Start of cancellation policy

  1. Right of withdrawal

You have the legal right to withdraw from this contract within thirty days without giving any reason.

The cancellation period will expire after thirty days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise your right of withdrawal, you must


BANDWERK GmbH
Wettersteinstr. 8
82335 Berg
Germany
Email: service@bandwerk.de

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

2. Exceptions to the right of withdrawal

According to Section 312g Paragraph 2 Sentence 1 of the German Civil Code, goods that have been manufactured according to customer specifications or that are clearly tailored to the customer's personal needs are excluded from cancellation. These are primarily items that have an engraving, embossing, print or other specific changes that do not correspond to our standard product (hereinafter referred to as 'personalization'). Due to the personalization, the item is not reusable for us, which amounts to a total economic loss. All personalized items are intended for final sale and have been personalized according to the customer's instructions. BandWerk is not liable for errors that are based on a customer's instruction or specification. Furthermore, we reserve the right to reject generally inappropriate, offensive, racist, sexual, violent or insulting personalizations at our own discretion. If we exchange or take back personalized items described here in individual cases, this is done solely as a gesture of goodwill without acknowledging any legal obligation. In the event of a return, we reserve the right to refund the full or partial purchase price.

3. Consequences of revocation

If you cancel this contract and there are no exceptions to the right of cancellation, we will refund all payments that we have received from you, including shipping costs (with the exception of shipping costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us or if the shipping costs are higher than €12.99), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

BandWerk will bear the direct costs of returning the goods.

End of the cancellation policy

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§8 Cancellation form

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To:
BANDWERK GmbH
Wettersteinstr. 8
82335 Berg
Germany
Email: service@bandwerk.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods

Ordered on (*)/received on (*)

Name of consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notification is on paper)

Date

(*) Delete as appropriate.

 

§9 Warranty for material defects, customer service

(1) BandWerk is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). 

(2) An additional guarantee for goods delivered by BandWerk only exists if this was expressly stated in the confirmation of receipt for the respective article 

 

§ 10 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by BandWerk, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. 

(2) In the event of a breach of essential contractual obligations, BandWerk shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.

 (3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of BandWerk’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations arising from paragraphs 1 and 2 do not apply if BandWerk has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if BandWerk and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§11 Contract language

For purchases at www.bandwerk.de , the contractual language is German. For purchases at www.bandwerk.com , the contractual language is English. 

Status of the General Terms and Conditions: April 2024