1.1 These general Terms and Conditions (hereinafter "GTC") apply to all contracts concluded through our Bosch Home and Garden Online Shop (hereinafter "Bosch Online Shop") between
Datenwerk direct sales GmbH
Franz-Joseph Street 38
80801 Munich
Germany
Tel.: +49 89 45249250
E-Mail: bosch@direct-sales.de
Registry court: Munich District Court
Register number: HRB 157319
Managing director: Tino Schöninger
Sales tax identification number according to § 27 a Sales Tax Law: DE814432149
(hereinafter "Seller"),
which a consumer or entrepreneur (hereinafter "Buyer", "You") concludes with the Seller with regard to the goods presented by the Seller in the Bosch Online Shop. You can find more information about Bosch as the provider of the Bosch Online Shop in the imprint.
1.2 The goods and services offered via the Bosch online shop are primarily aimed at consumers. For the purposes of these GTC, (i) a "consumer" is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional occupation (§ 13 BGB) and (ii) an "entrepreneur" is a natural or legal person or a legal partnership who, when concluding the contract, is exercising their commercial or independent professional occupation (§ 14 Par. 1 BGB).
1.3 For the business relationship between the Buyer and the Seller, these General Terms and Conditions apply exclusively in the version which is valid at the time of the order. Any deviating general terms and conditions of the Buyer or other deviating regulations or additions are not recognised - even if the Seller is aware of them - unless the Seller expressly agrees to their validity in writing.
2.1 The product descriptions in the Bosch Online Shop do not represent binding offers on the part of the Seller, but rather serve as a binding offer through the Buyer.
2.2 The Buyer can submit offers using the online order form that is integrated into the Bosch Online Shop. Once the Buyer has placed goods in the virtual shopping cart and has gone through the steps of the electronic ordering process, the Buyer agrees to a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. The Buyer has the choice of logging in with an existing MyBosch account, or creating a new MyBosch account and continuing as a registered buyer, or ordering as a guest.
2.3 Before the binding submission of the order via the Seller's online order form takes place, the Buyer will have the chance to identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for better identification of input errors is the zoom-in function of the browser, by means of which the size of the information on the screen can be enlarged. The Buyer will have the opportunity to correct his entries as part of the electronic ordering process by using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.4 The Seller will then be able to accept the Buyer's offer within a period of five days
by means of sending the Buyer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Buyer is binding, or
by means of delivering the ordered goods to the Buyer, whereby the receipt of the goods by the Buyer is binding, or
by means of requesting payment from the Buyer after submission of his order.
In the event that several of the aforementioned alternatives are applicable, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer has been sent by the Buyer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Buyer's offer within the aforementioned period, the offer will be deemed to have been rejected, and the Buyer shall no longer be bound by his declaration of intent.
2.5 If the Buyer makes his payment by selecting a payment method offered by PayPal, which can done during the online ordering process, the Seller will already have declared his acceptance of the Buyer's offer at the point in time at which the Buyer clicks the button with the label “Order with obligation to pay”.
2.6 When submitting an offer by means of the Seller's online order form, the text of the contract will be saved by the Seller after the contract has been concluded and sent to the Buyer in text form (e.g. e-mail, fax or letter) after the latter's order has been placed. No further provision of the contract text by the Seller shall take place.
2.7 German shall be the language used for the conclusion of the contract.
2.8 The order processing and communication shall take place via email and automated order processing. The Buyer must ensure that the e-mail address provided by him to process the order is correct, so as to ensure that any e-mails sent by the Seller will be received at said address. In particular, when using spam filters, the Buyer must ensure that all e-mails sent by the Seller, or third parties commissioned by the Seller to process the order, can be delivered successfully.
3.1 Consumers have the following right of cancellation.
3.2 The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.
3.3 Right of cancellation
You have the right to cancel this contract within fourteen days without providing any reason for doing so.
The cancellation period is fourteen days starting from the day on which you, or a third party designated by you and who is furthermore not the carrier, have taken possession of the goods.
In order to exercise your right of cancellation, you will have to inform us (Datenwerk Direct Sales GmbH, Franz-Joseph Street 38, 80801 Munich, Germany, Tel.: +49 89 45249250, E-Mail: bosch@direct-sales.de) by means of a clear explanation (e.g. a letter sent via post, fax or e-mail) regarding your decision to cancel this contract. You can use the attached cancellation form template for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you will be exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
Should you choose to cancel this contract, we shall return to you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us), and these payments shall furthermore be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless some other method was expressly agreed upon with you; in no case will you be charged any fees for this repayment. We reserve the right to refuse the repayment until we have received the goods back, or until you have provided evidence that you have sent the goods back, whichever occurs earlier.
You shall return or hand over the goods to Datenwerk Direct Sales GmbH, Franz-Joseph Street 38, 80801 Munich, Germany immediately and in any case no later than fourteen days from the date upon which you informed us of the cancellation of this contract. The deadline will have been met if you send the goods before the period of fourteen days has expired.
We shall bear the costs incurred by sending the goods back to us.
You shall only be liable to pay for any losses to value of the goods if such losses in value are due to handling of the goods that was not necessary to examine their nature, properties and functionality.
End of the cancellation policy
3.4 Example of cancellation policy
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Example of cancellation policy (If you wish to to cancel this contract, please fill out this form and send it back.) — To Datenwerk Direct Sales GmbH, Franz-Joseph Street 38, 80801 Munich, Germany Telephone: +49 89 45249250 E-Mail: bosch@direct-sales.de — I / we (*) hereby cancel the contract concluded by myself/us (*) for the purchase of the following goods (*) / the provision of the following service (*) — Ordered on (*) / received on (*) — Name of / the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only when notified on paper) — Date (*) Inapplicable strikeout |
4.1 All prices include the relevant legal sales taxes. All prices are indicated exclusively in euros (€ / EUR). If necessary, the Buyer can view additional delivery and shipping costs via the following link: Tools for Home & Garden | Bosch DIY (bosch-diy.com)
4.2 For deliveries to countries outside the European Union, additional costs, for which the Seller is not responsible, may arise in individual cases, and such costs shall be borne by the Buyer. These include, for example, costs incurred by money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers in the case of deliveries that are not made to countries outside the European Union, but the Buyer initiates his payment from a country outside the European Union.
4.3 The payment shall take place, depending on which method is selected, either via PayPal, credit card or direct debit. It is also possible to pay by means of vouchers issued (partially or entirely) by us. The Seller reserves the right to exclude individual payment methods. In the case of new customers, the Seller reserves the right to check or change the payment method selected by the Buyer. In the event of a change, the Seller shall notify the Buyer immediately and suggest payment alternatives. In this case, the Seller can only carry out the delivery requested by the Buyer if the proposed method of payment is accepted. The above restrictions to do not apply to vouchers. In addition, the Buyer shall be informed of the payment option/s in the online shop.
4.4 If the PayPal payment method is selected, the invoice amount will be sent via the online payment provider PayPal, (Europe) S.à r.l. & Cie, S.C.A. ("PayPal"). The Buyer will be sent to the Paypal website, www.paypal.de. The Buyer must have a PayPal account or, if necessary, create one, then authorise PayPal's access data and then confirm the payment instructions to the Seller. The “PayPal Terms of Use” of PayPal (Europe) S.à r.l. & Cie, S.C.A, which can be accessed at www.paypal.com, apply in their currently valid version. Shipping will occur after payment has been confirmed by Paypal.
4.5 If either the direct debit or credit card payment methods are selected, the booking will be made via the payment service provider PayPal. The Buyer will be sent to the Paypal website, www.paypal.de. The Buyer does not have to be registered with PayPal in order for this to occur, but will have the option to set up a PayPal account. By entering his payment details, the Buyer confirms his payment instructions to the Seller. The "Paypal Terms of Use", which are viewable at www.paypal.com, apply.
5.1 The delivery of goods takes place on the shipping route to the delivery address specified by the Buyer within 2-6 working days, unless otherwise agreed. When processing the delivery, the delivery address specified in the order processing information of the Seller shall apply.
5.2 If the delivery of the goods fails for reasons for which the Buyer is responsible, the Buyer shall bear the reasonable costs incurred by the Seller. This does not apply with regard to the shipping costs if the Buyer effectively exercises his right of cancellation. In the event of return costs, if the Buyer exercises his right of cancellation effectively, the provisions made in the Seller's cancellation policy shall apply.
5.3 Collection by the Buyer is not possible for logistical reasons.
5.4 Under exceptional circumstances, the Seller shall be entitled to cancel the contract and is not obligated to deliver the goods ordered if the Seller has ordered the goods correctly but said goods were not delivered correctly or on time (congruent hedging transaction) and the Seller is furthermore not responsible for the lack of availability of the goods. The Seller shall inform the Buyer immediately in the event that goods are unavailable and shall reimburse the Buyer immediately for any purchase prices that have already been paid.
6.1 The Seller shall retain ownership of the goods until the purchase price has been paid in full.
6.2 The Buyer is obligated to handle the goods carefully until the transfer of ownership has been completed. If maintenance and inspection work on the goods that are subject to reservation of ownership are required for the proper care of said goods, the Buyer shall carry out such work in good time and at his own expense.
6.3 If the Buyer is an entrepreneur, he shall be entitled to process or combine the goods to which the Seller has reserved ownership in the course of his normal business operations. In order to secure the claims mentioned in Paragraph 1, the Seller acquires co-ownership of the products resulting from the processing or combination, which the Buyer transfers to the Seller at this point in time. The Buyer has to keep the items in the co-ownership of the Seller free of charge as a contractual secondary obligation. The amount of the co-ownership share of the Seller is determined by the ratio of the value of the goods (calculated according to the final invoice amount including VAT) and the object created by the processing or connection at the time of processing or connection. The Buyer is entitled to resell against cash payment in the ordinary course of business or with retention of ownership. The Buyer hereby assigns to the Seller all claims with ancillary rights to which he is entitled from the resale of the goods, regardless of whether the goods have been further processed or not. The assigned claims serve to secure the claims of the Seller in accordance with Paragraph 1. The Buyer is entitled to collect the assigned claims. At the request of the Seller, the Buyer shall immediately notify him as to whom he has sold the goods and what claims he is entitled to from the resale, and shall furthermore issue the Seller with publicly certified documents on the assignment of the claims at his own expense.
6.4 The Buyer is not authorised to dispose of the items under reservation of ownership or co-ownership in any other way, nor to dispose of the claims assigned to the Seller. The Buyer must notify the Seller immediately of any attachments or other legal impairments of the items or claims belonging to the Seller in whole or in part. The Buyer shall bear all costs that must be borne to cease the access of third parties to the reserved or security property of the Seller and to replace the item, insofar as such costs cannot be confiscated by third parties.
6.5 If the value of the securities that exist for the Seller exceed the claims by more than 10% in total, the Seller shall, at the Buyer's request, grant securities of the Seller's choice.
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the Seller is 12 months.
7.2 The Seller is liable for damages and reimbursement of wasted expenses in the sense of § 284 BGB (hereinafter "damage compensation") due to breach of contractual or non-contractual obligations only
in the event of intent or gross negligence,
in the event of negligent or willful injury to life, body or health,
due to fraudulent concealment of a defect or the assumption of a quality or durability guarantee,
in the event of negligent or willful breach of essential contractual obligations, i.e. of obligations that make the execution of the contract possible in the first place and with which the Buyer can regularly rely upon compliance, or
due to mandatory liability under the Product Liability Act.
7.3 The damage compensation for the breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, insofar as there is no intent or gross negligence or liability to injury to life, body or health or the assumption of a quality or durability guarantee.
7.4 A liability for damage compensation that exceeds that specified in this Clause 7, – regardless of the legal nature of the asserted claim – excluded. This applies in particular to claims for damage compensations arising from negligence when concluding the contract, due to other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 of the German Civil Code (BGB).
7.5 As far as the liability for damage compensation against the Seller is excluded, this also applies with regard to the personal liability for damages of the employees, representatives and vicarious agents of the Seller.
8.1 If, in accordance with the content of the contract, in addition to the delivery of the goods, the Seller also owes the processing of the goods according to the Buyer's specifications, the Buyer shall grant the Seller all content such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller, and shall furthermore grant him the necessary rights of use to these. The Buyer is solely responsible for the procurement and acquisition of the rights to this content. The customer declares and assumes the responsibility for the fact that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third party rights have been violated, in particular copyrights, trademarks and personal rights.
8.2 The Seller reserves the right to refuse processing orders if the content provided by the Buyer for this purpose violates legal or official prohibitions or is in contradiction with common decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangers youth and / or glorifies violence.
9.1 Vouchers that are issued free of charge as part of promotions with a certain period of validity, and that cannot be purchased by the Buyer (hereinafter "promotional vouchers"), can only be redeemed in the Bosch Online Shop and only within the specified period.
9.2 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.3 Promotion vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.
9.4 Multiple campaign vouchers can be redeemed for any single order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid on it.
9.8 The campaign voucher will not be refunded if the Buyer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of cancellation.
9.9 The campaign voucher is transferable. The Seller can, with exonerating effect, make payments to the respective owner who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is ignorant due to gross negligence, of the non-authorization, the legal incapacity or the lack of authorization of the respective owner.
The law of the Federal Republic of Germany applies to contracts between the Seller and the Buyer to the exclusion of the UN sales law and the conflict of laws. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, especially of the state in which the Buyer has his habitual residence, shall remain unaffected. The choice of law does not mean that the Buyer is deprived of the protection granted to him by those provisions from which, according to the law of the state in which he has his habitual residence, may not be deviated from by agreement (favourability principle).
If the Buyer acts as a merchant, legal entity under public law or a special fund under public law located in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the professional or commercial activity of the Buyer. In the above cases, however, the Seller is always entitled to contact the court at the Buyer's registered office by telephone.
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr.
This platform shall serve as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts in which consumers are involved.
12.2 The Seller shall not be obligated to participate in any dispute settlement procedures before a consumer arbitration board and has furthermore decided against voluntary participation therein.
[June, 2021]