Important legal information by bennybaer.de
Terms and conditions
(Stand vom 25.10.2014)
Am Buchacker 1
Tel: + 49 9569 980 147
Elephant: + 49 9569 980 869
e-mail: info @ bennybaer.de
Tax Number: 212/224/20447
VAT number: DE214475294
1. Conclusion of contract
For the business relationship between Benny Bear and the buyer exclusively to the General Terms and Conditions (GTC) of Benny Bear considered valid at the time of the order. Deviating conditions of the buyer are hereby expressly rejected.
The presentation of products in the online shop does not represent a legally binding offer, but a noncommittal online catalog. By clicking the "Buy" / "order to pay it" enter a binding order of the basket of goods contained from. The confirmation of receipt of your order along with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation of the purchase contract has been concluded.
2. Copyrights and Trademarks
The rights to the names of products and services on this website are Benny Bear. The site and all data, text, graphics, images, video or audio files may be used only for private purposes.
The use of logos and trademarks on this website does not constitute permission is granted to use them. A storage or printing the information on this website for personal use is permitted insofar as it recognizes that all copyrights, performance and usage rights of the Company entitled Benny Bear.
All other types of use, such. as the dissemination, exchange, modify, transmission or sale of the information or content contained on this website is not permitted. Unless otherwise provided, all materials contained on this website is protected by copyright law and may not-for commercial or used other public purposes, unless the Company Benny Bear has previously consented to the use. This also applies to the "mirroring" this site on any other server.
3. Prices, payment
Only the prices of Benny Bear at the time of ordering are applicable to the order. All prices are, unless otherwise stated, inclusive of VAT. Currently we offer the following payment options:
Cash in advance, direct debit, PayPal and invoice:
- This payment option statement is available as an existing customer.
- With your order you receive an invoice.
payment 14 days from invoice date.
overdue fines at the first warning EUR 2.50.
overdue fines at the 2nd reminder EUR 2.50.
4. Costs by reversals
The company Benny Bear is permitted immediately nachzubelasten the costs incurred by customers due to incorrect specification of accounts, or the costs of reversals for expenses incurred. Simultaneously, we will immediately send a reminder through the open charge backs bills and forward our collection company within 5 days of non-payment.
5. Delivery, Delivery & Returns
(The shipping cost for delivery to dealers were separately regulated and may be requested in writing or be viewed in the protected area partners with Benny Bear.)
Benny Bear shipped with the product package services, including Deutsche Post AG and DPD. The shipping charge for private customers please click here.
Benny Bear is entitled to make partial deliveries; in this case, however Benny Bear shall pay the additional shipping cost.
The indication of delivery times is suggested absence of a separate agreement. Agreed delivery times and dates are met, if by the end of which the goods leave the warehouse or - if the goods can not be dispatched on time through no fault of Benny Bear - the dispatch has been notified.
In case of delayed delivery, the statutory right of withdrawal of the customer remain unaffected, but assumes that Benny Bear is responsible for the delay. The purchaser is obliged to declare upon request of Benny Bear within a reasonable period whether he withdraws after the deadline due to delay in delivery of the contract and / or claim damages in lieu of performance or reimbursement of expenses or insists on the delivery.
Benny Bear reserves the right not to deliver the goods in case of unavailability; in this case, Benny Bear will inform the customer immediately about the unavailability and refund any payments already made by some.
With the delivery of the ordered goods to the customer, the risk shall pass on this. If delivery is delayed due to circumstances for which the customer is responsible, the risk shall pass from the date of readiness for shipment to the buyer, if it is in default of acceptance. However, Benny Bear is obliged to the request and expense of the purchaser, the insurance requested this.
6. Right of withdrawal
(A consumer is any natural person who enters into a legal transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed) Conditions
You may cancel within 14 days without giving reasons in text form (eg letter, fax, e-mail.) or cancel your contract - if the goods before the deadline - by returning the goods revoked. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1, para. 1 and 2 draft Law and our obligations according to § 312e Abs. 1 Satz 1 BGB in conjunction with Article 246 § 3 BGB. In order to observe the revocation period is sufficient to send the revocation or thing.
The revocation must be sent to: Benny Bear Sascha Häfner On Buchacker 1 96145 healing Gersdorf Fax: +49 (0) 9569 980869
Emai: firstname.lastname@example.org Consequences of revocation In case of an effective withdrawal, the mutually received benefits and surrender any benefits (eg interest.). Can the service received (eg. As benefits) back not grant us or in part, or only in deteriorated condition or issue, you have to pay us compensation. For the deterioration and derived benefits, you must pay compensation only to the extent that groove-injury or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and trying out the goods, as it is possible and customary in a retail store.
Transportable items are to be returned at our risk.
You have to bear the cost of returning the goods if the delivered goods ordered and corresponds to the price of the returned does not exceed an amount of 40 euros or if you at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your contract termination, for us with their reception. End of cancellation policy
Exclusion of the right of withdrawal
The right of revocation, inter alia, not to contracts for the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or can spoil quickly or whose expiration date has passed.
Please send, if possible, return the goods but not freight prepaid package than us. We will gladly refund to you the postage in advance, as far as we have to bear the return cost. Please avoid damage and contamination of the product. Send the goods if possible in original packaging with all accessories and with all packaging components to us. Unless you do not have the original packaging, please take care to avoid damage in transit for a suitable package.
The above procedures are not a prerequisite for the effective exercise of the right of withdrawal.
7. Rights of third parties
Benny Bear is the purchaser from claims of third parties for infringement of an intellectual property right or copyright, provided that the buyer Benny Bear has notified of such claims in writing and Benny bear all necessary legal and technical countermeasures, in particular modification or replacement of the goods supplied, has made possible. Further claims by the purchaser, regardless of the legal basis, are excluded.
8. Retention of Title
Until full payment of all directed in connection with the goods ordered against the customer claims for payment the goods remain the property of Benny Bear. In breach of contract, in particular in case of default, Benny Bear is entitled to repossess the goods ordered. The redemption or enforcement of reservation does not require termination by Benny Bear. In these actions, or the seizure of the goods ordered by Benny bear no withdrawal from the contract, unless Benny Bear has expressly declared in writing. Benny Bear is entitled to dispose of the goods ordered to exploit it. The proceeds to the customer's liabilities - minus reasonable realization costs - will be deducted.
In case of seizure or other interventions by third parties of the buyer Benny Bear has to be informed immediately in writing so that action can be collected under § 771 ZPO. If the third party is not able to Benny Bear to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred by Benny Bear.
9. damages and compensation claims
Benny Bear is liable under the statutory provisions if the customer damages or reimbursement of expenses asserts claims based on intent or gross negligence on the part of Benny Bear or its agents or the culpable breach of an essential contractual duty, as well as the in the case of injury to life, has body or health, and to the extent provided guarantees Benny Bear.
In the event of a slightly negligent breach of a contractual obligation, the obligation to pay damages of Benny Bear to the amount of the foreseeable, typically occurring damage is limited, unless liability is not for the injury to life, body or health or of underwritten guarantees.
If further liability provided for compensation, - regardless of the legal nature of the asserted claim - this is excluded. In that regard, including but not limited Benny Bear for damage not caused to the ordered goods themselves, such. As lost profits or other financial damages of the customer. The mandatory provisions of the Product Liability Act shall remain unaffected.
Reimbursement of expenses claims are limited to the amount of interest that this has on the performance of the contract. If the liability of Benny Bear is excluded or limited, this also applies to the personal liability of staff, employees, staff, representatives and vicarious agents.
10. material and legal defects
Unless otherwise expressly agreed, characterizing the published by the Benny Bear in catalogs, brochures, websites and other publications information in text or image form (z. B. descriptions, pictures or drawings) the nature of the goods supplied by the Benny Bear and their uses in conclusion. The details of Benny Bear are no durability or quality guarantee and represent the current state of knowledge of Benny Bear. Warranties in any case require an explicit confirmation by Benny Bear. For a particular use success Benny Bear is not liable.
If there is a justifiable by Benny Bear factual or legal defect, the cause of which was already given at the time of transfer of risk, Benny Bear is liable under the statutory provisions. Warranty claims shall expire 24 months from receipt of the goods by the Purchaser; used goods in 12 months.
For Complaints Customer payments may only be retained in an amount which is in proportion to the defects, if the claims are undisputed or legally binding.
11. Place of Performance, Place of Jurisdiction, Applicable Law
The place of performance for deliveries and payments IN CONTRACTS WITH TRADERS is the seat of Benny Bear.
Jurisdiction for contracts WITH TRADERS is if the customer is not resident or ordinarily resident in the Federal Republic of Germany, also the seat of Benny Bear. However, Benny Bear is also entitled to sue the customer at his general place of jurisdiction.
Your Benny Bear Team