General Terms and conditions Bayerische Glaswerke GmbH (effective as of 1st January 2023)
1. SCOPE OF APPLICATION
These General Terms and Conditions ("T&C") are applicable to all deliveries and services provided by Bayerische Glaswerke GmbH based on orders placed in the online shop of Bayerische Glaswerke GmbH. Any supplementary or deviating conditions stipulated by the customer shall require the explicit written and company-signed consent of Bayerische Glaswerke GmbH in order to be legally effective. By placing an order for products sold by Bayerische Glaswerke GmbH (the "Products"), the customer acknowledges these T&C as binding, irrespective of whether the customer confirms this in writing or by any other means. Our range of goods is aimed at customers who are normally resident in the European Union or the European Economic Area.
2. CONCLUSION OF THE CONTRACT
2.1. All offers made by Bayerische Glaswerke GmbH are without obligation and should be understood as an invitation to the customer to make an offer themselves (the "Order"). Bayerische Glaswerke GmbH is authorized to accept such orders, even only in part.
2.2. An Order is only possible when all mandatory fields of the online order form (marked with an asterisk) are filled in completely and correctly. Prior to submitting the Order, the customer receives a summary of the Order together with the prices. It is still possible for the customer to change this compilation. An email sent automatically to the email address provided by the customer will constitute confirmation of receipt of the Order by Bayerische Glaswerke GmbH, but this does not constitute acceptance of the Order. Orders are only accepted by Bayerische Glaswerke GmbH during normal business hours (Monday to Friday from 9 AM to 4 PM with the exception of statutory public holidays in Germany). In the event that Orders are received outside of business hours, they shall not be recognized as having been received until the start of business hours on the next working day.
2.3. The contract regarding the Order placed by the customer shall be concluded through its acceptance by Bayerische Glaswerke GmbH, specifically by sending an Order confirmation by email to the email address provided by the customer. The respective Order confirmation shall contain an Order number to be quoted by the customer when conducting any further correspondence with Bayerische Glaswerke GmbH. Orders shall take legal effect and become binding for the customer upon receipt of the Order confirmation sent by e-mail (the right of withdrawal in accordance with clause 3 shall remain unaffected). The customer has the right to change their Order until the Order confirmation is received, however, up to a maximum of 5 (five) days after the Order has been placed, insofar as the Order confirmation has not already been received prior to this.
2.4. Bayerische Glaswerke GmbH hereby reserves the right (i) to reject Orders at any time without specifying any reasons and/or (ii) to accept Orders only with respect to those quantities that are deemed by experience to correspond to the customary Order quantities of a customer of the online shop of Bayerische Glaswerke GmbH.
2.5. Limited Editions: Products that are marked as "Limited Editions" shall only be available in limited quantities and only for a certain amount of time and according to certain allocation criteria.
3. CONSUMER INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
3.1. Right of withdrawal
A customer, which is a Consumer within the sense of § 13 of the Civil Code ("BGB") (the "Consumer"), has the right to withdraw from a contract entered into in the online shop within 14 (fourteen) days without specifying any particular reason.
The period within which this right of withdrawal may be exercised shall amount to 14 (fourteen) days from the day on which the Consumer or a third party nominated by the Consumer other than the carrier has taken possession of the Products. In the event that a Consumer has ordered several Products under a single Order and a separate delivery is made, the time period for exercising this right of withdrawal shall amount to 14 (fourteen) days from the day on which the Consumer or a third party nominated by the Consumer other than the carrier has taken possession of the last Product.
In Order to exercise the right of withdrawal, the Consumer must notify Bayerische Glaswerke GmbH (Bayerische Glaswerke GmbH, Zacharias-Frank-Strasse 7, D-92660 Neustadt a.d. Waldnaab, Germany, telephone number +49 9602 30 0, fax +49 9602 30 1100, e-mail address firstname.lastname@example.org / email@example.com) about their decision to withdraw from a contract concluded in the online shop by means of an unambiguous declaration (e.g. a letter sent by post, a fax or e-mail). The sample withdrawal form can be used for this purpose, although it is not mandatory. In the event that a Consumer avails themselves of this option, Bayerische Glaswerke GmbH shall immediately send them a confirmation of receipt regarding their withdrawal via a permanent data medium (e.g. by email). In the event that the Consumer does not receive a response within 2 (two) days, Bayerische Glaswerke GmbH asks that an e-mail be sent to firstname.lastname@example.org / email@example.com or that the Consumer call +49 9602 30 0.
It shall be sufficient to comply with the withdrawal period if the notification of the exercise of the right of withdrawal is sent prior to the expiry of the withdrawal period.
3.2. Consequences of withdrawal
If a Consumer withdraws from a contract that was concluded in the online shop, Bayerische Glaswerke GmbH is obliged to refund all payments that Bayerische Glaswerke GmbH has received from the Consumer, including any delivery costs incurred (with the exception of additional costs that result from the fact that the Consumer has chosen a delivery method other than the lowest-priced standard delivery offered by Bayerische Glaswerke GmbH), without undue delay and no later than 14 (fourteen) days from the day on which Bayerische Glaswerke GmbH received notification of the Consumer's withdrawal. Bayerische Glaswerke GmbH shall use the same payment method for this refund as the Consumer used for the original transaction, except where explicitly agreed otherwise with the Consumer; under no circumstances shall the Consumer be charged any fees due to this refund. Bayerische Glaswerke GmbH is entitled to refuse to make the refund until it has received the Products back or until the Consumer has submitted proof that they have returned the Products, whichever is the sooner.
The Consumer is obliged to send back or hand over the Products to Bayerische Glaswerke GmbH, via address RSN Logistik GmbH, Dr.-Kilian-Strasse 4, D-92637 Weiden, Germany, without any undue delay and in any case no later than within 14 (fourteen) days from the date on which the Consumer notifies Bayerische Glaswerke GmbH of their withdrawal. This time limit shall be deemed to have been met if the Consumer sends the Products before the end of the 14 (fourteen) day period. The Consumer shall bear the direct costs of returning the Products.
Refined, engraved or otherwise customized Products are not eligible for return. Any returned Products have to come from the current collections of Bayerische Glaswerke GmbH, have to be in new and resalable condition and shall only be accepted in the undamaged original packaging.
The Consumer is then obliged to pay Bayerische Glaswerke GmbH compensation for any reduction in the fair market value of the Products if such loss in value is attributable to the Products not having been handled in a manner sufficient for the purpose of inspecting the condition, properties and functioning of the Products.
All prices shall be understood as gross prices including the statutory VAT without shipping costs. The shipping costs applicable at the time the contract is concluded can be found on the website of Bayerische Glaswerke GmbH.
5.1. Shipment is carried out at the customer's own risk to the delivery address provided by them when placing the Order. If the address provided by the customer is incorrect, incomplete or unclear, they shall bear all costs arising therefrom.
5.2. Deliveries are made by Bayerische Glaswerke GmbH subject to operational possibilities. The delivery times communicated by Bayerische Glaswerke GmbH serve solely for information purposes and are without obligation. In the event that Bayerische Glaswerke GmbH is unable to accept an Order - perhaps due to the unavailability of the Products - Bayerische Glaswerke GmbH shall immediately inform the customer thereof.
5.3. The customer is obliged to ensure that the Products ordered are duly accepted.
5.4. The fulfillment of the contract on the part of Bayerische Glaswerke GmbH is subject to any unforeseeable events or events that are independent of the will of the parties, such as all cases of force majeure, including but not limited to pandemics, epidemics, acts of war, terrorist attacks, official interventions and prohibitions, transport and customs clearance delays, transport damage, bad weather, power shortages, labor disputes as well as delays in delivery by suppliers of Bayerische Glaswerke GmbH due to any reason whatsoever (each of these events constitutes an "event of force majeure").
Should an event of force majeure occur, the obligation on the part of Bayerische Glaswerke GmbH to render performance under these T&C or other contracts shall be suspended without any liability on the part of Bayerische Glaswerke GmbH. Moreover, delivery times shall be prolonged appropriately in the event of force majeure. Delivery times shall also be prolonged in case of an event of force majeure that occurs on the part of a supplier of Bayerische Glaswerke GmbH. The agreed terms of payment shall not be affected by this.
6. Partial deliveries
If a Product ordered is not in stock, Bayerische Glaswerke GmbH shall automatically set the Product to "not yet delivered" and deliver the Product as soon as it is back in stock. Should Bayerische Glaswerke GmbH deliver Products in partial deliveries and should such partial delivery include defective Products pursuant to the definition in clause 8, this shall not entitle the customer to withdraw from the purchase contract as a whole.
7. Payment conditions
7.1. The customer is free to pay the purchase price including any additional services exclusively by using one of the following payment methods: Master Card, Visa Card, PayPal, SOFORT, Klarna, Apple Pay. The payment method submitted will be debited prior to dispatch of the Order to the delivery address specified by the customer. Bayerische Glaswerke GmbH will not store the card details in any form. Bayerische Glaswerke GmbH utilizes the SSL (Secure Socket Layer) encryption mechanism when credit card data is transmitted. It is possible to recognize the SSL system because the web address (URL) begins with "https" instead of "http" and a closed lock or key symbol appears in the status bar at the bottom of the screen. The customer does not require any special software to use SSL, the mainstream www. browsers should support the SSL protocol within all recent versions.
7.2. The Products ordered shall only be shipped to the address provided by the customer if the purchase price, together with any additional services, can be debited from the payment method provided by the customer.
8. NOTICE OF DEFECTS, WARRANTY, COMPENSATION
8.1. When glass Products are produced, minor deviations in terms of technology and materials may occur in Products from the same series - especially with respect to size, weight, ovality or the vertical axis in accordance with the respective technical drawings - over which Bayerische Glaswerke GmbH has no control. Sample and size deviations may occur in the case of handmade Products or handmade Product parts. Such deviations in Products, especially also in comparison to previous deliveries of the same Product, therefore do not constitute defects and do not justify warranty claims.
8.2. Defects have to be reported to Bayerische Glaswerke GmbH - without any detrimental legal consequences for the customer who is a Consumer within the sense of § 13 BGB - as far as possible at the time of delivery or as soon as they become visible. When a customer is an entrepreneur within the sense of § 14 BGB, they are required to report defects which can be detected upon proper inspection when taking delivery of the Products in writing within 14 (fourteen) days of receipt of the Products at the place of destination, specifying such defects in detail and including photographs, failing which the Products shall be deemed to have been approved.
8.3. Should a defect be legitimately notified, Bayerische Glaswerke GmbH has the obligation to rectify the defect, especially also to render subsequent performance. Should the rectification of the defect fail or if Bayerische Glaswerke GmbH is not able to provide subsequent performance, the customer has the right to reduce the purchase price or, if the defects concerned are not insignificant, to withdraw from the contract. The statutory warranty provisions shall apply to customers who are Consumers within the sense of § 13 BGB.
8.4. The rights of the customer with respect to defects shall not apply if a defect has arisen because the customer has not complied with the instructions or recommendations of Bayerische Glaswerke GmbH or a manufacturer of Bayerische Glaswerke GmbH, especially instructions relating to the processing or use of the Product or generally accepted practices relating to the use of the Product.
9. LIMITATION OF LIABILITY
9.1. Should damage be attributable to negligence, any liability of Bayerische Glaswerke GmbH - irrespective of the legal grounds - shall be restricted in each case as per this clause 9.
9.2. Bayerische Glaswerke GmbH shall not accept any liability if and to the extent that instructions or recommendations relating to the processing or use of the Products or the packaging of the Products or generally accepted practices relating to the use of the Product are disregarded by the customer, insofar as the customer does not prove that the damage would also have occurred had the instructions and recommendations relating to the Product or the packaging of the Product been observed. Bayerische Glaswerke GmbH shall also not be liable for any damage or loss arising from the acquisition, packaging, marketing or use by the customer.
9.3. Bayerische Glaswerke GmbH shall only assume liability for damages in the event of willful intent and gross negligence. This limitation of liability shall not apply to injury to life, body or health of persons as well as essential contractual obligations or other mandatory statutory provisions. Essential contractual obligations (so-called cardinal obligations) refer to those, the fulfillment of which is necessary for the proper implementation of the contract and on the observance of which the customer regularly relies and may rely.
The liability of Bayerische Glaswerke GmbH shall be limited to the typical, foreseeable damage, excluding injury to life, body or health of persons as well as mandatory statutory provisions.
Compensation in the event of indirect damage or loss or compensation for consequential damage resulting from defects, pure financial loss or loss of profit, loss of goodwill earnings, savings or opportunities will not be provided to entrepreneurs within the sense of § 14 BGB.
Unless it is a transaction with a Consumer within the sense of § 13 BGB, the existence of intent or negligence has to be proven by the aggrieved party.
9.4. Any refinements of any kind whatsoever (for example engravings, screen printing, etc.) that are not produced or commissioned by Bayerische Glaswerke GmbH are at the sole responsibility and risk of the customer. Bayerische Glaswerke GmbH shall not assume any responsibility or liability in this respect, especially if heavy metals or other harmful substances are applied to the Products as a result of such processes or if such refinements are not water-resistant or dishwasher-proof. The customer will hold Bayerische Glaswerke GmbH exempt and harmless from any and all claims, lawsuits, losses, damages, demands, injuries and costs (including reasonable legal fees) that may arise from a claim against Bayerische Glaswerke GmbH due to refinements of any kind whatsoever (for example engravings, screen printing, etc.) that have been applied to the Products by the customer.
9.5. Other than as stipulated in the T&C, Bayerische Glaswerke GmbH does not make any warranties or assurances to the customer or any other person in relation to the Products or services. Any implied warranties, including those relating to suitability for a particular purpose, are hereby explicitly excluded to the extent permitted by law.
10. INTELLECTUAL PROPERTY
10.1. Bayerische Glaswerke GmbH or the licensors of Bayerische Glaswerke GmbH are entitled to all rights, all goodwill and other claims, including all intellectual property rights such as copyrights, trademark rights, patent rights and/or design rights in relation to the Products, the Product designs, the glassware samples and the designs of the glassware and prototypes, including the respective drawings, tools and molds.
10.2. Any use of the marks, brands or other intellectual property of Bayerische Glaswerke GmbH or its licensors as well as photos or video recordings thereof in publications, electronic (Internet) advertising, social media pages or printed materials shall only be permitted with the prior written consent of Bayerische Glaswerke GmbH.
10.3. All materials and associated documents that Bayerische Glaswerke GmbH provides to the customer in accordance with these T&C or any other contract, including all intellectual property rights, in particular the marks, brands or other protected materials of Bayerische Glaswerke GmbH and its licensors, as well as all goodwill and all copyrights resulting from or in connection with the marks or Products, shall remain the sole and exclusive property of Bayerische Glaswerke GmbH or its licensors. Documents such as catalogues, brochures, drawings, photos, videos and the like - as well as samples and designs - will always remain the intellectual property of Bayerische Glaswerke GmbH or its licensors subject to the protection of the applicable legal provisions regarding duplication, imitation, competition, etc. The customer agrees not to use these materials and documents for purposes other than those for which they were made available to the customer.
10.4. Any use of the marks or intellectual property rights of Bayerische Glaswerke GmbH or its licensors on social media platforms, such as Facebook, Twitter, Instagram, etc. or the setup of "Riedel", "Spiegelau" or "Nachtmann" accounts on social media platforms shall only be permitted with the prior written consent of Bayerische Glaswerke GmbH.
11. RETENTION OF TITLE
The delivered Products shall remain the property of Bayerische Glaswerke GmbH until full payment of the purchase price including all additional charges.
12. PARTIAL INVALIDITY
In the event that any provision of these T&C should become ineffective, this does not affect the validity of the remaining provisions. In such a case, the parties shall undertake to agree upon a new effective provision without delay which comes as close as possible to the economic purpose of the ineffective provision.
13. APPLICABLE LAW, PLACE OF JURISDICTION
German law shall apply exclusively to the legal relationship with the customer, with the exclusion of the UN Sales Convention; such choice of law shall not affect the applicability of mandatory provisions of the law governing the place where the Consumer has their habitual residence which are more favorable to the Consumer. Any disputes arising from the contract concluded with the customer or the T&C forming the basis of the contract shall be subject to the exclusive jurisdiction of the Local Court of Weiden in der Oberpfalz, Germany, or the Regional Court of Weiden in der Oberpfalz, Germany, as the case may be, depending on the subject-matter jurisdiction. In the event that the customer is a Consumer within the sense of § 13 BGB and has their residence or usual place of accommodation in Germany, then the local jurisdiction shall be based on the customer's residence or usual place of accommodation. The place of fulfilment shall be the headquarters of Bayerische Glaswerke GmbH in 92660 Neustadt a.d. Waldnaab, Germany.
The customer is obliged to notify Bayerische Glaswerke GmbH of any changes of name, address or change of residence in writing and without delay. Failure to do so shall mean that any written notification sent to the customer's last known address shall be considered sufficient to meet the requirements of effective delivery. Any transfer of the rights resulting from the contract concluded with Bayerische Glaswerke GmbH to third parties requires the written consent of Bayerische Glaswerke GmbH.