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General Terms and Conditions of Bayerische Motoren Werke Aktiengesellschaft regarding the sale of articles from the BMW Classic Shop



Exclusively the following General Terms and Conditions (hereinafter "General Terms and Conditions") in the valid version at the time of conclusion of the contract shall apply to the sale of articles from the BMW online shop by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 Munich, registered office and register court: Munich HRB 42243 (hereinafter "BMW"). The GTCs can be viewed, saved and printed out via the web page shop.bmw-classic.de.

 

 

1. Offer and Conclusion of Contract

1.1 The product illustrations in the online shop are for informational purposes only and do not constitute a binding offer from BMW.

1.2 By clicking the button "Buy now", the customer submits an offer for conclusion of a contract (order). The customer shall be bound by his/her offer for a period of 10 days after receipt of the order by BMW.

1.3 After the order has been placed, the Customer will receive an automatic confirmation of the receipt of the order by email (order confirmation). However, this order confirmation and any subsequent status reports shall not constitute an acceptance of the order by BMW. The contract is concluded if BMW has sent a purchase order confirmation to the Customer within 10 days from receipt of the order or delivers the ordered goods and confirms dispatch thereof to the Customer.

1.4 The acceptance of the order by BMW is subject to the condition that the customer enters his/her credit card number, the validity of the card, name of the card holder, card security code and/or CVC (three-digit and/or four-digit number on the backside of the card) as well as the credit card invoice address, consisting of street, house number, postal code, town and country, when payment by credit card is chosen and that the result of the credit card check is positive.

1.5. If the customer has opened a customer account, the wording of the contract will be stored by BMW in the customer account. In his/her account, the customer may view, store and print the contract. If the customer has not opened a customer account, the wording of the contract will not be stored by BMW and can no longer be retrieved, viewed or stored by the customer after conclusion of the contract.


2. Prices and Terms of Payment

2.1 All prices are stated in EURO incl. VAT plus shipping costs. The information regarding the national currencies in the calculator merely constitutes a non-binding indication of the price in the respective national currency. Daily exchange rate exchanges are not taken into account. The shipping costs are governed by the provisions under passage 5 “Shipment and transport”.

2.2 The customer may only offset against claims of BMW if the counterclaim of the customer is uncontested or if he/she has a legally binding title. The customer may only assert a right of retention to the extent that it is based on claims under the contract.


3. Right of Withdrawal for Consumers

3.1 If the customer is a consumer within the meaning of § 13 BGB [German Civil Code], he/she shall have a right of withdrawal for a period of fourteen days. A consumer as defined by Section 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

3.2 In accordance with § 312g para. 2 BGB, the right of withdrawal does not exist inter alia in the case of distance contracts for the supply of goods which were made according to customer specifications or which clearly are tailored to personal needs (No. 1). Moreover, the right of withdrawal does not exist alia in the case of distance contracts for the delivery of audio and video recordings or software if the seal of the data storage media has been broken by the customer (No. 6).

3.3 In case of a right of withdrawal based on legal provisions, the Customer is informed about this right of withdrawal below:

Instructions on Withdrawal

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or
- in the case of a contract relating to multiple goods ordered by the consumer in one order: the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good; or
- in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
To exercise the right of withdrawal, you must inform us (Bayerische Motoren Werke Aktiengesellschaft,
Bayerische Motoren Werke Aktiengesellschaft Lifestyle Collections
BMW Group Zentrallager
c/o ITG GmbH
Eichenstr. 11
D-85445 Schwaig

Email: classic-shop@bmw.de
Phone: +49 (0)800 - 60 70 700
Mo.-Fr. 8 a.m.-8 p.m.
Fax: +49 (0) 180 500 2498
(0,06 €/FAX from German  landline))

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.



3.4 The customer must do equivalent compensation for a depreciation in the case of a withdrawal, if the depreciation can be explained by dealing with the goods, for the check of the composition, the qualities and the operation of the goods this one was not necessary.

 

4. Withdrawal possibilities

The customer finds a listing of the withdrawal possibilities in the appendix.

5. Shipment and Transport

5.1 The delivery periods for standard shipments within Germany amount to 5 working days, in countries within the European Union 7 working days and in countries outside of the European Union 14 working days and shall apply to orders received before 10.30 a.m. CET. Deliveries of goods by express courier are possible on working days from Monday to Friday.

5.2 Costs of packaging and transport insurance are included in the shipping costs.

5.3 From a value of the goods (incl. VAT) of EUR 75.00, no shipping costs will be charged to the customer for standard shipments in countries within the European Union.

5.4 For a value of the goods (incl. VAT) below EUR 75.00, for express shipments and for shipments to countries outside of the European Union, the following shipping costs will be charged to the customer:
- Standard shipment within Germany: EUR 4.90
- Standard shipment within EU countries (excluding Germany and United Kingdom): EUR 9.90

5.5 For deliveries to countries outside of the European Union, customs have to be paid which are governed by the local laws.


6. Reservation of Title

The goods remain the property of BMW until they have been fully paid for.


7. Material defects

In the case of material defects, the statutory laws and claims shall apply.


8. Liability

8.1 In the case of slight negligence, BMW shall only be liable for the violation of duties which are material for the contract (cardinal duties), especially such duties that are intended to be imposed on BMW by contract pursuant to its content and purpose or whose fulfilment enables proper execution of the contract and on whose compliance the Customer relies or may rely under normal circumstances. The liability shall be limited to the foreseeable damage typical for such contracts upon the conclusion of the contract.

8.2 The personal liability of BMW's legal representatives, employees or vicarious agents for damage caused by them through slight negligence is also restricted to the extent described in clause above.

8.3 The liability of BMW for malicious silence regarding a defect, under the assumption of a warranty or under a procurement risk and under the Product Liability Act shall not be affected. The limitations of liability set out in this section do not apply in the event of an injury to life, limb and health.


9. Applicable laws

German substantive law shall apply to any orders and all disputes in connection with the order or execution of the order, the provisions of the UN Convention on Contracts for the International Sale being excluded.


10. Language

Depending on the Customer's language selection prior to triggering the purchase order, the contract will be concluded in German or English.


11. Place of Jurisdiction

11.1 The exclusive place of jurisdiction for all present and future claims under a business relationship with merchants, including claims involving checks and promissory notes, shall be Munich.

11.2 The same place of jurisdiction shall apply if the Customer has no usual place of abode in Germany, transfers his or her residence or usual place of abode from Germany to a foreign country or if his or her residence or usual place of abode is unknown on the date a suit is lodged.

Version of 06/2014

 

Appendix:
We offer you the following revocation possibilities:
1.    Looking for “return shipments" directly over our internet page classic-shop@bmw.de under "help & service".
2.    Telephonic under Phone: +49 (0)800 - 60 70 700, Mo.-Fr. 8 a.m.-8 p.m.
3.    By withdrawal form  on the following page.

Please find more information about payment methods in the FAQ section/ How can I order articles online.