§1 Scope

1. These terms and conditions apply exclusively to contracts with BMA. Deviating regulations are contradicted. Regulations other than those contained herein only become effective with our express written approval.
2. These general terms and conditions also apply to future business relationships, even if they are not expressly agreed again.
3. Oral side agreements should be on a permanent data carrier, e.g. E-mail, to be documented. Changes to the conditions, including this confirmation clause, as well as the agreement of delivery dates or periods, which can be binding or non-binding, require confirmation by

§ 2 Offers, conclusion of contract, performance and delivery obligations

1. Offers subject to confirmation and non-binding, unless a binding assurance is expressly made. Orders are only binding if we confirm them or if we meet them by sending the goods.
2. The contract is concluded on the basis of the customer’s order by completing and confirming the web order form or the order confirmation sent on the one hand and confirmation or execution of the order by
3. Compliance with a delivery period is always dependent on timely delivery to us. If the delivery option depends on the delivery by a sub-supplier and if this delivery fails for reasons for which we are not responsible, we are entitled to withdraw from the contract. For this reason, the customer is then not entitled to compensation.
4. The same applies if the delivery becomes significantly more difficult or impossible due to force majeure or other events and we are not responsible for this. Such events include in particular: fire, flood, labor disputes, operational disruptions, strikes and official orders that are not attributable to our operational risk. In the cases mentioned, the customer will be informed immediately about the lack of delivery options and any service already provided will be reimbursed immediately.
5. Partial deliveries are permitted unless the customer is clearly not interested in them or they are clearly unreasonable for him. If makes use of this right, packaging and shipping costs will only be charged once.

§ 3 Prices and terms of payment

1. The prices quoted by BMA as per the offer or online shop apply.
2. The prices are ex BMA headquarters without costs for packaging and shipping.
3. The packaging and shipping costs are based on the item size ordered by the customer. These costs are listed separately on the respective offer.
– For shipments abroad, shipping costs will be charged in the amount of the costs incurred.
4. We deliver against prepayment, cash on delivery or invoice, PayPal. Prepayments are considered in the billing. For new customers, BMA reserves the right to a credit check or the right to 50% prepayment and 50% upon delivery. In the case of delivery against invoice, all invoice amounts are due at the latest when the goods are delivered and are payable no later than 14 days after this point in time and receipt of the invoice.
5. If the customer is in default of payment after 14 days, he has to pay default interest of 5% above the base rate if neither the customer nor BMA can provide evidence of lower or higher damage. Interest on arrears will be charged even without a reminder if the payment deadline is exceeded.
6. In the case of payment on account, BMA is entitled to the security rights described below:
7. The goods remain the property of BMA until they have been paid for in full. The retention of title expires upon full payment of the goods. The customer is not entitled to dispose of the reserved goods. If our reservation of ownership expires due to processing of the goods delivered by us (e.g. by combining them with other items), the customer already now transfers joint ownership of the item created by combining them to The handover is replaced by the fact that the customer keeps the new item created by the connection for us free of charge.

§ 4 right of return

1. We grant our customers a statutory right of return. Articles and products made as custom-made items, such as Printed with company logos, own photos, special lettering, other special requests are excluded from the right of return.
2. The goods must be in perfect condition (complete and undamaged goods, operating instructions, etc.). If the customer is responsible for deterioration, destruction or any other impossibility, he must compensate for the decrease in value or the value; § 351 to § 353 BGB do not apply. For the transfer of the use or the use of an item as well as for other services up to the point in time when the revocation is exercised, its value is to be remunerated; the depreciation caused by the intended use of an item or the use of another service is not taken into account. In these cases, the customer is only liable for intent and gross negligence,
3. BMA undertakes to reimburse payments made within 30 days of the customer’s declaration.
4. Some of our articles are delivered with a so-called “return seal”. This is visually very noticeable and can therefore be recognized immediately. The articles can be tried with the seal intact.
In the event of a defective or missing return seal, the right to return and exchange automatically expires.
Accidental removal of the seal is not possible

§ 5 Prohibition of offsetting and rights of retention

1. The customer is not entitled to offset his own claims against our payment claims, unless the customer’s claims are undisputed or have been legally established.
2. The customer is not entitled to counter our payment claims rights of retention – also from complaints of defects – unless they result from the same contractual relationship.

§ 6 Warranty

1. In the event of complaints about defects, the warranty is limited to replacement delivery or subsequent improvement at our option. Additional guarantee provisions apply to all goods insofar as the goods have been provided with such by the manufacturer.
2. If subsequent improvements or replacement deliveries fail after a reasonable period, the customer can either request a reduction in the purchase price or the cancellation of the contract. The deadline is at least four weeks. Rework or replacement delivery failed if three attempts to remedy the defect were unsuccessful.
3. Customer claims for damages, e.g. Due to non-performance, negligence when concluding the contract, breach of secondary contractual obligations, consequential damage caused by defects, damage from tort and other legal reasons are excluded, unless we are liable due to the lack of a guaranteed property or due to intent or gross negligence. This exclusion does not apply to claims under the Product Liability Act.

§7 data protection and confidentiality

All personal data collected by customers will be treated confidentially. The data necessary for the business transaction are saved and, if necessary, passed on to affiliated companies and deliverers or to banks for billing purposes. Print motifs and the like transmitted by the customer can be used for advertising purposes and references from BMA. The customer has the option of excluding this in advance and afterwards. Separate confidentiality agreements are possible and must be concluded separately in writing.

§ 8 Notifications

1. Insofar as the contractual partners communicate by electronic mail (e-mail), they recognize the unlimited effectiveness of the declarations of intent transmitted in this way in accordance with the following provisions. Order confirmations and orders are also always issued in writing, such as letters or faxes.

§ 9 Applicable Law

With regard to all legal relationships arising from this contractual relationship, both present and future after the contract has been fulfilled, the contractual partners agree to apply German law to the exclusion of the UN Sales Convention.

§ 10 samples, sample bags

1. Every request for samples is checked by BMA and decided individually. There is no general dispatch of samples.
2. Sent samples and sample bags must be returned to BMA within 14 days. ( Inbox) . If samples are not received by BMA within the specified period, they will be automatically billed in accordance with our price list for samples and sample bags.
3. A return after invoicing is not possible. See § 4 right of return.
4. Any damage to samples or sample bags will be invoiced in full.

§ 11 Language Clause

Contract language is German.

§ 12 Place of performance

1. The place of fulfillment for all mutual services from the contract is the company headquarters of BMA. agreed.
2. The place of jurisdiction is agreed solely at the competent court for the place of performance if the customer is a business person within the meaning of the German Commercial Code, is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.

§ 13 Severability Clause

Should individual provisions of these terms and conditions be or become void, the remaining conditions shall remain in effect.

GTC version 1.1 as of: 23.06.2020