General Terms and Conditions
BOMAG Online Shop B2C
General Terms and Conditions governing the use of VERTICAS Service GmbH, Schöne Aussicht 59, 65193 Wiesbaden.
As of: 11 Feb 2021
1. Scope of application
These General Terms and Conditions apply exclusively to all contracts concluded between VERTICAS Service GmbH (hereinafter referred to as "VERTICAS") and BOMAG's clientele (hereinafter referred to as "customer"). BOMAG's clientele includes all customers who have access to BOMAG's online shop via technical access (ID & password). BOMAG is solely responsible for the allocation of access rights.
2. Conclusion of contract
The purchase agreement is concluded exclusively between the customer and VERTICAS.
The presentation of the items in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the order button, you place a binding order for the goods contained in the shopping basket. An email confirming receipt of your order is sent immediately after your order is submitted and does not constitute acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within 2 days.
2.1 Ordering and delivery
Your order becomes binding once you click on the "Confirm - buy now" button in the dialogue box. Up to this point, you can modify or delete all your details and goods in the shopping basket. We confirm the receipt of your order with an automatically generated email. This email does not constitute a delivery or order confirmation by VERTICAS. A purchase contract is only concluded later by an express declaration of acceptance or by delivery of the goods by VERTICAS. The automatically generated confirmation email contains your order information, our General Terms and Conditions, and an explanation of your right of cancellation.
If the goods you ordered are not available, we will refrain from issuing a declaration of acceptance; a contract will not be concluded in such cases. We will inform you of this immediately and refund any payments already received. In such cases, VERTICAS is not obliged to deliver, but reserves the right to provide a service equivalent in quality and price.
Delivery dates stated are always non-binding unless they have been confirmed in writing as binding. Compensation for damages in the event of delayed delivery shall be excluded in all cases, unless there is intent or gross negligence.
DHL shall make a single delivery attempt in each case.
The goods shall be shipped on the account of the customer under the conditions of § 3 within the territory of the Federal Republic of Germany. Delivery surcharges may apply for shipments to EU countries. These surcharges vary from country to country. In the case of shipment to non-EU countries, the recipient is responsible for import customs clearance. VERTICAS provides proper export documentation. The costs incurred for an export declaration for goods with a value of 1,000.00 EUR or a weight of 1,000 kg or greater will be displayed to the customer when the order is completed and confirmed by clicking on the "continue" button. If an export declaration is required for non-EU shipments, the customer will be charged a fee of 80.00 EUR retroactively. If the value of the goods exceeds 3,000 EUR, advance clearance of the export declaration in the so-called two-stage export procedure by the locally responsible inland customs office (customs office of export) is mandatory. The fee of 125.00 EUR incurred for this will also be invoiced separately to the customer.
3. Prices, terms of payment
3.1 The gross prices published in the online shop and the flat rate charge for shipping and packaging of currently 8.89 EUR gross (within Germany) per parcel up to 20 kg shall apply.
3.2 Payment for goods ordered shall be made in accordance with the payment method indicated on the order. Delivery shall be made exclusively to a delivery address specified by the customer. For deliveries abroad, other shipping costs apply, which are differentiated according to country groups. We reserve the right not to supply certain articles abroad or to certain countries. We offer the following payment methods:
- Credit card
- PayPal
The minimum order value for goods is 20.00 EUR plus the currently valid flat rate for shipping and packaging. The purchase price is always due immediately.
3.3 Our payment terms are immediate payment by credit card or PayPal without any deductions.
If, in the case of payment by direct debit, a return debit note including a fee from the bank is incurred due to the customer's incorrect entry of data or objection, VERTICAS reserves the right to pass on this fee to the customer.
3.4 If VERTICAS becomes aware of circumstances that indicate an impairment of the customer's creditworthiness or insolvency, further deliveries may be made dependent on an advance payment of the remuneration.
4. Right of withdrawal
If you are a consumer (i.e. according to the legal definition in §13 of the German Civil Code (BGB), a natural person who places the order for a purpose that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity), you are entitled to a right of cancellation in accordance with the legal provisions.
In the following, you will find information on the requirements and consequences of the statutory right of cancellation for shipments and orders as a consumer.
------------------ Cancellation policy ------------------
You have the right to cancel this contract within fourteen days without stating any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the goods; or in the case of partial deliveries, took possession of the last part shipment or the last piece.
To exercise your right of cancellation, you must send us:
VERTICAS Service GmbH
Schoene Aussicht 59
65193 Wiesbaden
Mail: online@verticas.de
Fax: +49 (0)611 98625-97
by means of a clear declaration (e.g. a letter sent by post, a fax or an email) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not compulsory. If you make use of this option, we will send you a confirmation of receipt of such a cancellation immediately (e.g. by email).
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we are obliged to refund all payments we have received from you, including delivery costs (with the exception of any additional costs that result from the fact that you selected a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. We will use the same means of payment for this repayment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for the repayment.
We may withhold repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. This deadline is deemed to have been met if you send the goods before the end of the fourteen-day period.
We shall bear the costs of returning goods that can be sent by parcel post, unless the goods cannot be returned by post due to their nature or the price of the goods to be returned is less than 40 EUR. In this case, you shall bear the direct costs of the return shipment.
You are only liable to pay for any loss in the value of the goods if this loss is a result of handling of the goods in a way that is not necessary for checking the quality, characteristics and functioning of the goods.
————————— End of cancellation policy —————————
Click here for the cancellation form: Download
5. Warranty
The statutory warranty claims apply for all articles offered.
6. Retention of title
Goods remain the property of VERTICAS until payment has been made in full.
7. Data protection
Any personal data you provide us is treated confidentially and in accordance with the legal provisions. The data required for the business transaction is stored. Please refer to our data protection declaration information for more details.
8. Severability clause, court of jurisdiction, miscellaneous
8.1 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the contract or the General Terms and Conditions in other respects.
8.2 German law shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of law provisions of German law.
8.3 If the customer is a merchant, the court of jurisdiction is Wiesbaden. VERTICAS is entitled to take legal action against the customer at his/her general place of jurisdiction.
8.4 Supplementary agreements, amendments or additions to the contract, including the revocation of this written form requirement, must be made in writing.
9. Arbitration process of the EU Commission
Click here to access the EU Commission's platform: http://ec.europa.eu/consumers/odr/
