AGB

Terms and conditions

1) Scope

These General Terms and Conditions of Sales and Delivery will apply to all offers, (purchase) agreements, deliveries and activities via BYNACHT Online Shop. 

Contractual Partner / Conclusion of Contract

The contract is achieved with BYNACHT GmbH. In the setting of an item on this auction we make a binding offer to sell the item.

The purchase agreement is achieved by admitting the offer by clicking the order button in the basket. Immediately after placing the order you will receive a confirmation via E-Mail.

2) Contractual Language / Saving of the Contractual Text

The language of contract formation is English. We are saving the contract information and the order data will reach you via email. It is possible to examine the Terms and Conditions at any time on this site. If you wish to examine your previous orders, you can do so in your Customer-Login.

3) Delivery Conditions

We ship for free within Germany and Austria. Shipping to any other EU-country puts an expense of 9,90 € to the customer. Shipping is the only delivery way we accept. It is not possible to pick up the goods on your own.

Payment

We accept credit card, PayPal and immediate bank transfer.

Credit Card:

By placing your order you are simultaneously transmitting your credit card data to us. After legitimation to be the rightful cardholder, we are immediately instructing your credit card company to initiate the transaction. This will happen automatically by the credit card company and your card will be charged.

PayPal:

After placing your order you will be redirected to the website of the Online-Provider PayPal. To pony up the billing amount, it is necessary for you to be registered or to register yourself in that moment, to verify and legitimate your login data and accept the draft by us. You will receive more information on this during the order process. Hereafter, the transaction will be conducted automatically by PayPal.

Immediate bank transfer:

After placing your order you will be redirected to the Website of the Online-Provider immediate bank transfer. To pony up the billing amount, it is necessary for you to have an online banking account with a PIN/TAN procedure at your disposal, legimitate yourself accordingly and accept the transaction to us. You will receive more information on this during the order process. Hereafter, the transaction will be conducted automatically and your card will be charged.

4) Reservation of Property Rights

All goods remain the property of BYNACHT GmbH until paid in full. 

5) Damages in Transit

If goods are delivered with obvious shipping damages, please reclaim these immediately to the delivery agent and contact us unhesitatingly. Doing so, you are helping us to allege our own demands towards the transport carrier or transit insurance.

6) Warranties and Guarantees 

The full statutory warranty rights apply. 

7) Liability of indemnification

Our liability for indemnification shall, without prejudice to the other relevant prerequisites under the applicable laws, be subject to the following exclusions and limitations of liability:

(1) We shall be liable in case of gross negligence or intent. In case of ordinary negligence we shall solely be liable for a breach of a duty whose fulfilment is a prerequisite for performance of the contract and which duty the other party may generally expect to be complied with (so called cardinal obligation). Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action and including liability of care before conclusion of a contract (culpa in contrahendo), shall be excluded.

(2) If and to the extent that we are liable for ordinary negligence in accordance with para. 1 hereabove, our liability shall be limited to damages that were foreseeable as typical in view of the circumstances known at the time of conclusion of the contract.

(3) The aforesaid exclusions and limitations of liability shall not apply if and to the extent that we have given a guarantee for the quality of our services. Nor does it apply to (i) damages caused through injury to life, limb, and/or health, or to (ii) damages which are to be indemnified under applicable statutory provisions applying without regard to the existence of a contract, or to (iii) damages which are to be indemnified under applicable product liability laws.

(4) The aforesaid exclusions and limitations of liability shall also apply to our employees, agents and/or other third parties employed by us for performance of the contract.

10) Online Dispute Resolution

The EU Commission has provided an online platform for online dispute resolution under the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

11) Change of Terms and Conditions

It is our right to change these terms and conditions from time to time. Every time you order products from us, the terms and conditions apply that are valid at the time of your order. The current version of the terms and conditions is available on our website. Please check these every time you order products from us, to reinsure your knowledge of the valid terms and conditions.