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General terms and conditions

General terms and conditions

1. scope of application
The following General Terms and Conditions apply to all orders placed by entrepreneurs.
Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
These General Terms and Conditions shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.


2. contractual partner, conclusion of contract, online settlement of disputes
The purchase contract is concluded with BAAK GmbH & Co. KG.
The presentation of the products does not represent a legally binding offer, but a non-binding catalogue. By selecting a product from the catalogue, the customer submits a legally binding offer, whereby the order can be placed by telephone, e-mail or fax.
The confirmation of the receipt of your order takes place by e-mail immediately after sending the order and does not yet represent an acceptance of contract. We can accept your order by sending an acceptance declaration in a separate e-mail.
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the general terms and conditions at any time here on this page.


3. price and delivery conditions
Shipping costs will be added to the product prices. The respective product prices as well as shipping costs can be found on request on separate price lists.
In addition, you have the option of picking up the product at BAAK GmbH & Co. KG, Hubertusstr. 3, 47638 Straelen, during the following business hours: “Monday to Friday from 9:00 a.m. to 3:00 p.m. except on public holidays.
Please inform us at least two working days before your pick-up so that we can make the goods available from our warehouse.
We do not deliver to packing stations.


4. payment
The following payment methods are available:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

SEPA direct debit
If you grant us a SEPA mandate, payment will be made by direct debit from your bank account. The account will be debited before the goods are shipped. We will inform you separately about the date of the debit in advance.

On account
In the case of payment on account, the ordered goods will first be sent to the customer without payment having been made in advance. Payment is made on the basis of the agreed conditions.


5. right of revocation
Entrepreneurs are not granted a voluntary right of revocation.


6. retention of title
The goods remain our property until full payment has been made.
We retain title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.


7. transport damages
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.


8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The limitation period for warranty claims shall be one year from the passing of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
Only our own information and the manufacturer’s product descriptions, which were included in the contract, shall be deemed an agreement on the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• to the extent that the scope of application of the Product Liability Act has been opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.


9. liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed
• to the extent that the scope of application of the Product Liability Act has been opened up.

In the event of a breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.


10. final provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business. Exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

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