General terms and conditions with customer information
General terms and conditions (with legal information)
1. Area of application 2. Contracting parties 3. Offer and conclusion of contract 4. Right of revocation 4a. Return charges when exercising the right of revocation 5. Prices and shipping charges 6. Delivery 7. Payment 8. Reservation of proprietary rights
Order transaction Wording of the contract
General terms and conditions (The following terms and conditions contain legal information about your rights according to the regulations governing the contracts both in distance selling and electronic business transactions.)
1. Area of application The general terms and conditions apply for all deliveries by Babcock MCS Germany GmbH (hereinafter: Babcock MCS Germany GmbH) to the consumer (§ 13 German Civil Code). A consumer is any natural person, who negotiates a transaction for neither commercial nor professional purposes.
2. Contracting parties The purchase contract will be concluded with: Babcock MCS Germany GmbH, owner: David Plester, Alix Pentecost, Nick Hawkes, Flughafenstr. 19, 86169 Augsburg, commercial register: local court Augsburg HRB24483. For questions, queries and complaints you can reach our customer service weekdays from 9 a.m. til 5 p.m. at 0821 / 747 965 - 0 as well as by e-mail via shop.babcockmcsgermany.de.
3. Offer and conclusion of contract 3.1 The portrayal of the products in the online shop is no legally binding offer, but a purchase invitation. Errors expected. 3.2 By clicking the order button you place a binding order for the articles listed on the order page. The purchase contract will be concluded by the time we confirm your order by e-mail directly after we have received it.
4. Right of revocation 4.1 Any consumer has a fortnight-long right of revocation.
Right of revocation You can revoke your contractual statement within 2 weeks, without stating reasons, in writing (e.g. letter, fax, email) or by returning the goods - in case you have received the goods before expiring date. The termination period shall commence upon receipt of this notification in writing, however not before receipt of the goods by recipient (however, in the event of recurring delivery of similar goods, not before receipt of the first installment thereof), and not prior to us fulfilling our information obligation pursuant to paragraphs 246 § 2 in conjunction with § 1 subparagraph 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligation pursuant to § 312g subparagraph1 section 1 German Civil Code in conjunction with paragraph 246 § 3 EGBGB (Introductory Act to the German Civil Code). The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period. The revocation is to be addressed to: By post: Babcock MCS Germany GmbH, keyword: online shop, Flughafenstr. 19, 86169 Augsburg. By Fax: 0821 747 965 – 10 or by e-mail: firstname.lastname@example.org
Consequences of revocation In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. You have to compensate the value when the utilizations or the deterioration can be traced back to a handling which is beyond the regular testing of the characteristics and functionality. “Testing of the characteristics and functionality” is to be understood as testing and trying of the goods as it is also possible and common in a shop. Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euro or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. Things that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The deadline starts with your dispatch of your cancellation request or the item in question; for us it starts with our receipt of the same.
End of revocation instruction
4.2 The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer. 4.3 Please return the goods by stamped parcel to us and keep the mailing receipt. We also refund the postal charges on request in advance, provided you do not have to pay the costs yourself. 4.4 Please call us at 0821 / 747 965 - 0 before you return the goods to give us notice of the return. By doing so you enable us to attribute the products fastest possible. 4.5 Please notice that the conditions stated in paragraphs 4.3 to 4.5 are no requirements for effectively exercising the right of revocation.
4a. Return charges when exercising the right of revocation When exercising the right of revocation (see revocation instruction) you are obliged to bear the regular costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euro or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge.
5. Prices and shipping charges 5.1 The prices stated in the online shop contain the statutory value added tax and other price components. 5.2 We charge shipping costs in addition to the stated prices. On the product page, basket of goods system and on the order page you are informed about the shipping costs.
6. Delivery 6.1 The delivery is handled by Deutsche Post (German Post) or DHL or when indicated by another delivery company. 6.2 The delivery takes up to 5 days. Any differing delivery times are indicated on the appropriate product page.
7. Payment 7.1 The payment occurs alternatively by prepayment, paypal, credit card or cash on delivery. 7.2 By prepayment the customer will be informed about the bank connection via confirmation letter and after the receipt of payment provided with the goods. 7.3 Right of termination takes effect if your counterclaims have been legally established as final and absolute or if they are beyond dispute or if they have been accepted in writing on our part. 7.4 Right of retention only exists as long as the claims result from the identical contractual relationship.
8. Reservation of proprietary rights The merchandise shall remain the property of the company until full payment of the price.
Order transaction After having found your favored product, you can put it into your basket without obligation by clicking on “to basket”. You can always see the content of your basket without obligation by clicking on “basket”. You can remove your products from the basket by clicking on [remove] at any moment. If you want to buy the products in your basket, please click on the button [checkout]. Please enter your details. Mandatory fields are marked with a *. Registration is not required. Your personal data is transmitted encrypted. After entering your information and select the payment method, you get via [check details] to the order page, where you can check your entries again. By clicking the button [order] you complete the checkout process. The process may be interrupted at any time by closing the browser window. You can obtain more information, e.g. on the correction options, on the individual pages.
Wording of the contract The contractural text is saved within our internal system. The general terms and conditions can be viewed on this page at all times. The order data and general terms and conditions are sent to you by email.
Sending the order confirmation attention should be paid to following points: Immediate confirmation of receipt of the order
Differentiation between confirmation of receipt and order confirmation No inadvertent conclusion of the contract in the confirmation of receipt Written revocation instruction at the latest in the order confirmation Information on the delivery times are contained in the order confirmation The general terms and conditions are contained in the order confirmation Information are sent in addition to the delivery