GENERAL TERMS AND CONDITIONS OF SALE
1. Introduction
1.1. The sale of "B•A-G” branded products executed remotely through this site (hereinafter referred to as the "Website") is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by B•A-G Design, Schiersteiner Str. 3, 65187 Wiesbaden, Germany. VAT no.: DE 301 5222 90
1.2. The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes predominantly not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, over the age of 18 (or, if younger, but at least at the age of 16, authorised by their legal representative).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The products offered for sale on the Website are delivered globally, excluding countries and regions that fall under trade sanctions by Germany, the EU, the UN or other organisations. B•A-G reserves the right to evaluate the situation in case of uncertainty.
1.4. The languages used to execute the sale contract through the Website hereof are: German and English.
1.5. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and incorporated at the time of the relevant purchase in accordance with section 3.7 below.
B•A-G reserves the right to amend the General Terms and Conditions of Sale hereof at any time. Any amendments shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
2. Product availability
2.1. The Customer acknowledges that the products offered by B•A-G on the Website (hereinafter referred to as the "Products") are limited in number and he/she is therefore aware that B•A-G shall need to check their availability at the time of the order placement prior to the acceptance of the order.
2.2. Occasionally the availability of certain Products may incur inconveniences. In such circumstances, B•A-G shall inform the Customer promptly by email that the order placed cannot be accepted. The Customer agrees and accepts to receive only the Products available.
2.3. B.A-G reserves the right to vary the articles sold on the Website at any time, without any notice prior to acceptance of the order.
3. Ordering process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article's photographic images, unit price, colours and sizes (if applicable).
3.2. The Customer may purchase one or more Products, except as provided for certain types of Products. B•A-G reserves the right to vary at any time the limitations to the number of Products that can be purchased through the Website.
3.3. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the "Cart").
3.4. Although B•A-G constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, B•A-G shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.5. To view the Products selected and the total price of the purchase order including shipping costs, please visit the Cart.
Before confirming the relevant order (hereafter referred to as the "order"), the Customer is required to check the accuracy of the contents of the Cart and fill in the order form in accordance with the instructions provided on the Website. The ordering process allows the Customer to check and amend any errors on the overview of the Shopping Bag page before submitting its order.
3.6. The ordering process is completed as soon as the Customer presses the relevant final order confirmation button (hereinafter referred to as the "Place Order"), thereby validating his/her order. After pressing the Place Order Button, the order will be binding and the contents of the order may no longer be modified by the Customer.
3.7 Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the ordering process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale.
3.8. The ordering process must be fully completed; failure to do so entails that the order cannot be submitted.
3.9. Each order and the Customer’s data required for the purchase shall be stored by B.A-G for the time period provided for and in compliance with the applicable laws currently into force.
Any use of the Customer's data for purposes other than the purchase shall be subject to the relevant Customer’s prior and express consent pursuant to the conditions set forth in the "privacy policy statement" published on the Website.
3.10. Customers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the ‘My Orders’ page.
3.11. The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the Order.
4. Execution of contract
4.1. Upon confirmation of the order by pressing the Buy Button, the binding order is submitted to B•A-G for processing. After placing the binding Order, the Customer will receive without undue delay an e-mail acknowledging that B•A-G has received the Order. However, this does not mean that the Order has been accepted. B•A-G's acceptance of the Order and the conclusion of the contract will take place as described below in section 4.2.
4.2. The contract by and between B•A-G Design and the Customer is executed as soon as the Customer receives one or more confirmation email from B•A-G (hereinafter referred to as the "Confirmation Email"), which will be sent without undue delay, but at the latest within 7 (seven) days from receipt of the Order.
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product's description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise as well as these General Terms and Conditions of Sale.
4.3. B•A-G reserves the right to not accept the Order placed by a Customer in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between B•A-G and the Customer relating to a previous Order;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, B.A-G shall inform the Customer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices shall be shown in Euro (EUR).
5.3. The total price displayed in the Cart includes shipping costs possibly applicable, which shall be indicated separately.
In any event, B•A-G shall seek the Customer’s express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Cart section, upon confirmation by the Customer of the Order or the Pre-Order by pressing the Buy Button, shall be charged to the Customer, provided that the Products ordered are available in that moment, except for the Order containing Pre Ordered Products and/or the Personalized Products for which the relevant amount shall be charged in advance according to the following clause 5.6, even if they are not yet ready to be shipped at that moment.
5.5. B•A-G only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) B•A-G's confirmation that the product is available and, in any event, after the Order is ready to be processed.
No amount will be charged at the time of submission of the Order.
5.7. B•A-G does not foresee using other payment agents for the time being.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason beyond the control of B•A-G, the purchase contract shall be cancelled after the fruitless expiry of a reasonable period for payment set by B•A-G.
5.9. In the event one or more Products are unavailable and the Customer has decided not to fully cancel the Order, he/she shall only be charged the price of the available Products and the possible related shipping costs.
6. Delivery
6.1. The Customer will receive the Products separately as soon as they are ready for shipping, unless the Customer has selected on the Website the option to receive the entire Order as one shipment. This does not apply if partial delivery is unacceptable to the Customer. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer's signature or the signature of an authorised person shall be requested upon delivery of the Products. B•A-G will bear any additional shipping costs, if any, caused by the separate deliveries.
6.2. For security reasons, B•A-G shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the countries indicated above (section 1.3). In light of the foregoing, any Order entailing delivery outside of these countries shall be automatically rejected upon processing of the Order.
6.4. In the event the Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. The term within which B•A-G Design is required to deliver the Products purchased in the absence of indication of an agreed delivery date or estimated delivery date at the time of the conclusion of the contract, is 30 days of the date of execution of the contract, with the exception of events of force majeure or unforeseeable circumstances. In every case in which the relevant Order refers to Pre Ordered Products and/or the Personalised Products, the delivery date shall be longer than 21 days and B•A-G shall deliver these Products at the estimated delivery dates or during the estimated delivery period agreed upon with the Customer, as shown to the Customer in the Product page description.
6.6. In the event B•A-G does not deliver the Products ordered within the above term, the Customer can request that B•A-G delivers such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force.
The Customer shall in any event have the right to immediately terminate the contract if the Product ordered is not delivered within the additional term specified.
6.7. B•A-G shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and the Customer will receive the Products separately upon their availability to be shipped , unless he/she has selected on the Website the option to receive the Order as a whole.
6.8. As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery. Customers may contact B•A-G's Customer Service by e-mail: info@the-b.ag
6.9. Alternatively, to the delivery by courier, the Customer may request to collect the Products purchased directly from the showroom in Wiesbaden, Germany. In the event the Customer does not collect the Products within 30 (thirty) days of receipt of the email informing him/her that the Product is available for collection, the sale may be cancelled by B•A-G. In such case, the Customer shall be informed by email of such cancellation and shall be refunded any amounts already paid.
6.10. The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products. In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, B•A-G shall refund the Customer any amounts already paid.
7. Product Conformity
7.1. At the time of delivery, B•A-G kindly asks the Customer to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity.
7.2. In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, the Customer may request a congruous reduction in price or the termination of the contract and subsequent refund of the purchase price paid. B•A-G is only liable for the lack of conformity of the Products if the claim for lack of conformity is raised within two (2) years from the delivery of the corresponding Product.
7.3. In order to notify the existence of product defects and lacks and to demand one of the remedies listed above, Customers may contact B•A-G to the addresses indicated in section 12 below.
8. Returns and refunds - Right of withdrawal
8.1. The Customer has the following right to withdraw from the contract:
Instructions on the right of withdrawalRight of withdrawal
The Customer has the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period will expire after 30 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last good.
To exercise the right of withdrawal, the Customer must inform B•A-G Design in writing (courier or e-mail) of its decision to withdraw from this contract by an unequivocal statement. To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If the Customer withdraw from this contract, B•A-G shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by B•A-G), without undue delay and in any event not later than 14 days from the day on which B•A-G is informed about the Customer's decision to withdraw from this contract, using the same means of payment as the Customer used for the initial transaction. B•A-G may withhold reimbursement until it has received the goods back. The Customer shall send back the goods or hand them over at the showroom as communicated in the parcel documents without undue delay and in any event not later than 14 days from the day on which the Customer communicates its withdrawal from this contract to B.A-G. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. The Customer will have to bear the direct cost of returning the goods. The Customer is 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.
8.2. Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure that the Products are intact and complete as delivered, that they have never been used or worn over and beyond a trying-on or a test as well as damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged by the Customer. B•A-G will check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
B•A-G reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained by the Customer or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased.
In the event the return is rejected, B•A-G will send a specific notice to the Customer and will consequently not proceed to credit the amount paid by the Customer, unless the Customer provides proof that B•A-G has suffered no or a lower loss. Other rights for claim compensation for any damage attributable to the Customer's behavior shall not be affected by this Section 8.2.
8.3. The return of Products under this section is only permitted in respect of purchases made on the Website.
9. Limitation of liability
9.1. B•A-G’s liability for damages caused by slight negligence is limited to damages arising from the breach of material contractual obligations, the fulfilment of which is prerequisite to the proper execution of the agreement and in the observance of which the Customer regularly trusts and is entitled to trust; in this case, however, liability shall be limited to the typically foreseeable damage.
9.2. The aforementioned limitations of liability shall apply to all claims for damages irrespective of their legal basis, with the exception of damage claims filed by the Customer (i) for intent, (ii)pursuant to the German Product Liability Act, (iii) for defects fraudulently concealed, (iv) for defects which are covered by a guarantee that was given regarding the quality of a product (in this context, where applicable, the guarantee and/or limitation period laid down in the guarantee shall apply), (v) for death, damage to body or health, or (vi) for gross negligence.
10. Product authenticity and intellectual property rights
10.1. B•A-G warrants the authenticity of all the Products offered for sale on the Website.
10.2. The "B•A-G" trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the "B•A-G" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the B•A-G Design. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11. Governing law
11.1. General Terms and Conditions of Sale hereof are governed by German law and shall be construed accordingly, without prejudice to any other imperative provision of law more favorable to the Customer applicable in the country of habitual residence of the Customer.
Alternatively, the Customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
12. Contact details
12.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: info@the-b.ag
Last updated: September 24th, 2019