Terms of service
1. Scope
These General Terms and Conditions of Sales and Delivery will apply to all offers, (purchase) agreements, deliveries and activities via BYNACHT® Online Shop.
2. Contractual Partner / Conclusion of Contract
The purchase contract is concluded with BYNACHT GmbH. By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contractual Language / Saving of the Contractual Text
The language of contract formation is English. We are saving the contract information and the order data will reach you via email. It is possible to examine the Terms and Conditions at any time on this site. If you wish to examine your previous orders, you can do so in your Customer-Login.
4. Delivery terms
We deliver free of charge within Germany and Austria and only ship by mail order. Unfortunately, it is not possible to collect the goods yourself
5. Payment
he payment methods available to you and details of the respective payment processes can be found under the menu item PAYMENT
6. Reservation of Property Rights
The goods remain our property until full payment has been made.
7. Damages in Transit
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. This will help us to assert our own claims against the carrier or the transport insurance company.
8. Warranty and guarantees
The full statutory warranty rights apply.
9. Liability of indemnification
The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory requirements for claims:
(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time the contract was concluded.
(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for statutory claims.
(4) The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use to fulfill the contract.
10. Online Dispute Resolution
The EU Commission has provided an online platform for online dispute resolution under the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
11. Change of Terms and Conditions
It is our right to change these terms and conditions from time to time. Every time you order products from us, the terms and conditions apply that are valid at the time of your order. The current version of the terms and conditions is available on our website. Please check these every time you order products from us, to reinsure your knowledge of the valid terms and conditions.