byMi GmbH & Co. KG
Represented by Andra Gallhöfer
St. Apern Strasse 10/12
50667 Cologne
Mail: kundenservice@bymi.de
Tel .: +49 221 298 005 54
District court Cologne HRA 30572
Personally liable partner: byMi Verwaltungs GmbH
Managing Director: Andra Gallhöfer
District court HRB 85894
VAT ID: DE280486776
1. General, clientele, language
(1) All offers, sales contracts, deliveries and services based on orders from our customers via our online shop www.bymi.de (hereinafter referred to as the "web shop") are subject to these general terms and conditions.
(2) The product range in our web shop is aimed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these general terms and conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 of the German Civil Code - BGB) and (ii) an “entrepreneur” is a natural or legal person or a legal partnership that, when the contract is concluded, is acting in the exercise of its commercial or independent professional activity (Section 14 (1) BGB).
(3) The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
(4) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-speaking or English-speaking side of the web shop. If the customer orders via our German-language website, only the German version of these general terms and conditions is relevant. If the order is placed via our English-language website, only the English version of these general terms and conditions is decisive.
2. Conclusion of contract
(1) Our offers in the web shop are non-binding.
(2) By placing an order in the web shop (which requires prior registration and acceptance of these general terms and conditions), the customer makes a binding offer to buy the product in question. The customer is bound to the offer until the end of the third working day following the day of the offer.
(3) We will send the customer a confirmation of receipt of the offer immediately upon receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to be accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Every customer who is a consumer is entitled to cancel the offer in accordance with the special cancellation and return policy, which is communicated to him when ordering on our website, and to return the goods.
3. Payment methods
(1) Our prices include VAT, but not shipping costs. The customer has to bear customs duties and similar charges.
(2) You can choose to pay in advance, credit card (Paymill), Sofortüberweisung, Paypal or purchase on account (Klarna).
(2) Unless expressly agreed otherwise, we only deliver against prepayment (in the manner specified on the order form).
(3) If delivery on account has been agreed, our invoices are due for payment within 5 working days after delivery of the goods and receipt of the invoice by the customer.
(4) The customer has no right of set-off or retention, unless the counterclaim is undisputed or legally established.
4. Dispatch of the goods
(1) If the goods are marked as "in stock" by the customer when the offer is submitted in the web shop and delivery is made against prepayment, we will keep the goods in stock within a period of 2-4 working days after our acceptance of the offer; if we do not receive the payment within this period, we are entitled to sell the goods at any time. In this case, shipping will only take place within the specified period of 2-4 working days while stocks last.
(3) If the goods cannot be delivered on time, we will notify the customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will immediately reimburse the customer for the payments made to us. The legal rights of the customer due to delayed delivery are not affected by the above regulation, whereby the customer can only claim damages in accordance with the special provisions of section 9 of these general terms and conditions.
(5) We are entitled to partial deliveries of separately usable products included in an order, whereby we bear the additional shipping costs caused by this.
5. Shipping, insurance and transfer of risk
(1) Unless otherwise expressly agreed, we determine the appropriate shipping method and the transport company at our reasonable discretion.
(2) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.
6. Retention of title
(1) We reserve ownership of the goods delivered by us until full payment of the purchase price (including sales tax and shipping costs) for the goods concerned.
(2) Without our prior written consent, the customer is not entitled to resell the goods delivered by us which are subject to retention of title. In the event of a possible resale, the customer assigns to us the claims from the resale up to the amount of the purchase price to be paid to us plus a surcharge of 20%. We hereby authorize the customer to collect the assigned claims in the ordinary course of business, whereby we can revoke this authorization at any time in the event of late payment by the customer.
7. Warranty
(1) If the delivered goods are subject to a material defect, the customer can first request that we remedy the defect or deliver goods free of defects; if the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item. The choice can only be made by notification to the customer in text form (also by fax or email) within three working days after notification of the defect. We can refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs.
(2) If the supplementary performance according to para. 7 (1) fails or is unreasonable for the customer or we refuse the supplementary performance, the customer is entitled in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand compensation or compensation for his unsuccessful expenses. The special provisions of para. 9 of these general terms and conditions.
(3) The warranty period is two years from delivery, if the customer is a consumer, otherwise twelve months from delivery.
(4) The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after they are sent. The delivered goods are deemed to be approved by the customer if a defect is not (i) notified in the case of obvious defects within five working days after delivery or otherwise (ii) within five working days after discovery of the defect.
8. Liability
(1) Our liability for negligence (except gross negligence) is limited in the event of a delay in delivery to an amount of (10)% of the respective purchase price (including VAT).
(2) We are not liable (regardless of the legal reason) for damage that is typically not to be expected according to the nature of the respective order and the goods and with normal use of the goods. The above limitations of liability do not apply in the event of intent or gross negligence.
(3) The restrictions of this § 8 do not apply to our liability for guaranteed quality features i.S.v. § 444 BGB, due to injury to life, limb or health or according to the Product Liability Act
9. Data protection
(1) We may process and store the data relating to the respective sales contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data due to legal regulations.
(2) Payment by invoice
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer invoice purchase and hire purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available to consumers and that payment must be made to Klarna.
Klarna bill
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account as a payment option. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The payment is made to Klarna. Please note that invoice is only available to consumers. The complete terms and conditions for invoice purchase can be found here. The online shop charges a fee of EUR 0.00 per order when purchasing on account with Klarna.
Klarna checks and evaluates your data and maintains a data exchange with other companies and credit agencies if there is a legitimate interest and reason. Your personal information will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
(3) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those mentioned in this section 9.
10. Applicable law and jurisdiction
(1) Subject to mandatory international private law, the existing sales contract between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant iSd. Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Cologne are solely responsible for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we can or the customer brings an action before any competent court based on legal regulations.
The statutory warranty rights apply to all goods from our shop.
As of 2018.
