General Terms and Conditions
I. General Terms and Conditions of Business
1 Basic provisions
(1) The following terms and conditions of business apply to all contracts that you enter into with us as a provider (mybimaxx GmbH / Bastian Erdmann) via the Internet pages www.mybimaxx.de and www.mybimaxx-shop.de respectively. Unless otherwise agreed, the inclusion of any own terms and conditions used by you will be objected to.
(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his or her commercial or self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her self-employed professional or commercial activity.
2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After going to the "Checkout" page and entering your personal data as well as the terms of payment and delivery, all order data will be displayed once again on the order overview page.
Before submitting your order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting your order via the button "order subject to payment" you make a binding offer with us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e. g. e-mail) in which the execution of the order or delivery of the goods is confirmed to you (confirmation of order).
If you have not received a message to this effect, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide to us is accurate, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(1) We shall be liable without limitation for damages resulting from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of the guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) The liability for defects within the scope of the legal warranty is based on the corresponding regulation in our customer information (Part II).
(3) Insofar as material contractual obligations are affected, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are essential obligations arising from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on which you may regularly rely.
(4) In the event of a breach of immaterial contractual obligations, liability for slightly negligent breaches of duty shall be excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times in accordance with the current state of the art. We are not responsible for the availability of the website and the services offered there, either permanently or uninterruptedly.
5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that this does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of advantageousness).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. Identity of the seller
Schlierbacher Str. 5
73230 Kirchheim under Teck
Phone: +49 (0)170/4123764
Alternative dispute resolution:
The European Commission provides a platform for extra-judicial online dispute resolution (OS platform) at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The language of the contract is German.
3.2. The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically via the print function of the browser. After receipt of the order with us, the order data, the legally prescribed information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless the delivery free of shipping costs is promised.
5.3. The payment methods available to you are indicated by a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the contract concluded are due for payment immediately.
6. delivery terms
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found on our website or in the respective offer under a correspondingly designated button.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Legal liability for defects law
7.1. The statutory rights of liability for defects apply.
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
last update: 23.01.2017