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General Terms and Conditions of Bayerische Motoren Werke Aktiengesellschaft for the Sale of Items from the BMW Classic Parts Shop

The sale of items from the BMW Classic Parts Shop by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 Munich, registered place of business and registry court: Munich HRB 42243 (hereinafter “BMW”) shall be governed by the following General Terms and Conditions (hereinafter “GTCs”), as amended at the time the contract is concluded.

Only consumers can order from the BMW Classic Parts Shop.

The GTCs can be viewed at, stored and printed from the web page: shop.bmw-classic.de.

1. Customer, Consumer, Business Enterprise

1.1 The use of the term “customer” in these GTCs obviously refers to persons of all genders.

1.2 The use of the term “consumer” in these GTCs refers to natural persons who purchase a product on the BMW Classic Parts Shop for purposes that cannot be attributed primarily to their trade or professional activities.

1.3 The use of the term “business enterprise” in these GTCs refers to a natural person or legal entity or partnership (with legal capacity) that engages in his/her/its trade or professional activity when purchasing a Product. The term “business enterprise”, within the meaning of these GTCs, also applies to legal entities governed by public law and a special public-sector fund.

2. Offer and Formation of Contract

2.1 The Product presentations on the BMW Classic Parts Shop are provided merely for the customer’s information and do not constitute a binding offer from BMW.

2.2 In order to purchase a product, the customer first selects the desired product in the BMW Classic Parts Shop and clicks on the button “add to shopping cart”. In the shopping cart, the customer must then enter his personal information (name, address, email address, information required under subsection 2.5). Thereafter, the customer will be given the opportunity to review all information one more time and make corrections if necessary. By clicking the “Buy now” button, the customer submits an offer to conclude a contract (order). The customer remains bound to this offer for a period of ten days from the date on which BMW receives the order.

2.3 After submitting the order, the customer will receive via email an acknowledgment that the order was received (“order acknowledgment”). Nevertheless, this order acknowledgment and any subsequent status updates do not constitute BMW’s acceptance of the offer. The contract is concluded when BMW sends the customer an order confirmation via email within ten days following receipt of the order or when the ordered goods are delivered and the customer is informed thereof via email.

2.4 BMW reserves the right to review an order in advance and/or, at its own discretion, to accept a customer’s order or reject the order without having to provide any reasons and without incurring any liability to the customer. Examples of when BMW might not accept an order are

  • when there is affirmative knowledge, or there are objective circumstances giving rise to the assumption, that the order was consummated by way of recourse to software, robots, webcrawlers, spiders or other automated means or devices,
  • when products are displayed in the BMW Classic Parts Shop but are no longer available,
  • when a product is subject to sale restrictions, or
  • when products are displayed in the BMW Classic Parts Shop but have an obvious mistake such as an incorrect price or an otherwise incorrect description.

If BMW does not acknowledge the order within six weeks pursuant to subsection 2.3, then it will be deemed to have been rejected.

2.5 The acceptance of the order by BMW is subject to the condition that, when making payment, the customer correctly enters the credit card number, expiration date, name of the cardholder, card verification number or CVC (three or four-digit number on the back of the card) as well as the credit card invoice address, consisting of the street, house number, postal code, city and country and the credit card verification is affirmative.

2.6 If the customer has opened a customer account, then the order is saved by BMW in the customer account. There, the customer can view, save and print the order. If the customer does not open a customer account, then the order is not saved by BMW and can no longer be retrieved, viewed or saved by the customer after the contract is concluded.

2.7 BMW reserves the right to engage in Product changes in advance of any order placed by the customer.

3. Prices and Terms of Payment

3.1 All pricing information is shown in EURO and includes any applicable statutory value added tax (VAT). All other costs, such as delivery and shipping costs, will be shown separately in the BMW Classic Shop during the order process prior to submitting a binding order.

3.2 The customer may set off against claims of BMW only if the customer’s counterclaim is undisputed or a legally enforceable title exists. Exceptions hereto are counterclaims held by the customer under one and the same contractual relationship. The customer may not assert a right of retention (Zurückbehaltungsrecht), unless it is based on claims arising from the same contractual relationship.

3.3 Payments shall be made exclusively by credit card. The purchase price shall be reserved on the specified credit card account at the time of the order (authorization). The account will in fact be charged at the time BMW ships the goods to the customer.

4. Invoicing

BMW reserves the right to issue electronic invoices or make them available, provided that the customer consents to this approach.

5. Right of Withdrawal for Consumers

Consumers are entitled to a right of withdrawal as stated 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, in the case of a sales contract, or
  • physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, or
  • physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces.

To exercise the right of withdrawal, you must inform us

(Bayerische Motoren Werke Aktiengesellschaft,
Order Service
Rohrhofstr. 1
D-94339 Leiblfing
Email: classic-shop@bmw.de
Phone: + 49 (0)800 - 60 70 700, Mon - Fri 8 am - 8 pm)

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.

You may use the attached model withdrawal form, but it is not obligatory.

You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.shop.bmw-classic.de. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal (e.g. by e-mail) without delay.
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.

Effects of withdrawal

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 no 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.

6. Delivery and Shipment

The delivery periods and delivery dates will result from the entries during the order process.
Products are delivered only to delivery addresses within countries of the European Union (except overseas territories of countries of the European Union).

7. Retention of Title

BMW retains title to the goods until the purchase price has been paid in full.

8. Defects

The statutory rights and claims apply in the event there are defects.

9. Liability

9.1 In cases involving intentional acts or omissions and gross negligence, the statutory provisions will apply.

9.2 In the event of simple negligence, BMW will be liable only if material contractual duties are breached (so-called “cardinal duties”); in other words, those duties that the contract seeks to impose on BMW based on its content and purpose and the very performance of which renders the implementation of the contract even possible and the compliance with which is a fact upon which the customer relies and should be allowed to rely.
This liability is limited to the typical damages that are foreseeable at the time the contract was concluded.

9.3 The personal liability of the statutory representatives, vicarious agents and business employees of BMW for damages caused by their simple negligence is likewise limited to the scale and scope of that described in subsection 9.2.

9.4 BMW’s liability based on a fraudulent concealment of a defect, on the assumption of an express warranty about qualities or a procurement risk, and on the Product Liability Act remains unaffected by the foregoing. Furthermore, the limitations of liability in subsections 9.2 and 9.3 do not apply to death, bodily injury or impairment to health.

10. Choice of Law

The order, the contract and all legal disputes, which arise from the order, the contract and the performance of the contract, are governed by German law to the exclusion of the UN Sales Convention (CISG). If, however, the mandatory provisions of the law applicable at a consumer’s habitual place of residence are more favorable for the consumer, then those provisions shall take precedence over German law.

11. Contractual Language

Depending on the customer’s language selection prior to placing the order, the contract shall be concluded in either German or English.

12. Venue / Dispute Resolution

11.1 If the customer is a merchant, a legal entity governed by public law or a special fund under public law as defined by German law, then venue for all current and future claims arising from the business connection shall lie with the competent courts of Munich.

11.2 Pursuant to Directive 2013/11/EU, the EU Commission has established an internet platform for the online resolution of disputes between business enterprises and consumers. This website can be found at: ec.europa.eu/consumers/odr.

12.3 The BMW AG will not participate in any dispute resolution proceedings before the German Consumer Arbitration Office within the meaning of the German Consumer Dispute Resolution Act (VSBG) and is also not obligated to do so.