Terms and Conditions

Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you enter into with us as the provider (H.u.W. Schmänk GmbH & Co. KG) via the website www.biberna.de. Unless otherwise agreed, any of your own terms and conditions used by you are excluded.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, is acting in the course of its self-employed professional or trade activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods .

(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system on the terms specified in the product description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "checkout" or "continue to order"  (or similar wording) and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also using the "back" function of the internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar wording), you legally accept the offer, thereby concluding the contract.
 

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

  • Direct debit ("Pay Now")
  • Credit card ("Pay Now")
  • Instant bank transfer ("Pay Now")

The use of invoice and/or installment purchase and/or direct debit payment methods requires a positive credit check. To this end, we forward your data to Klarna for the purpose of address and credit checks during the initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been received.

(3) If you are an entrepreneur, the following also applies:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. A pledge or transfer of security interest is not permitted before the transfer of title to the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights regarding liability for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) To the extent that a characteristic of the goods deviates from the objective requirements, such deviation is only deemed agreed upon if you were informed about it before submitting the declaration of acceptance and if the deviation was expressly and separately agreed upon by the contracting parties.

(4) If you are an entrepreneur, the following applies notwithstanding the above warranty provisions:

a)  Only our own statements and the manufacturer's product description are deemed to be agreed upon as the characteristics of the goods, not other advertising, public price announcements, or statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement. If the rectification of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. Rectification of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the event of rectification, we are not required to bear the increased costs arising from transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The shortened period does not apply:

- to damages caused by us through fault that result from injury to life, body, or health, or other damages caused intentionally or through gross negligence;
- insofar as we fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- to items that have been used for a structure in accordance with their usual intended use and have caused its defectiveness;
- to statutory recourse claims you have against us in connection with rights regarding defects.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) The place of performance for all obligations arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a merchant, a public law legal entity, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time the action is brought. The authority to bring an action before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.




II. Customer Information

1. Identity of the Seller

H.u.W. Schmänk GmbH & Co. KG
Zum Tollberg 11
46499 Hamminkeln
Germany
Telephone: 028527190
Email: shop@biberna.de


We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German .

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system the contract data can be printed using the browser's print function or saved electronically. After the order is received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services are found in the respective offer.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3. Costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place to an EU member state, but the payment was initiated outside the European Union.

6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.

7. Delivery Terms

7.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the IT law specialists of the Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.