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Our Terms

Right here you will find all the information about the terms of the Bavarian Shopping Mall.com

*** This shopping platform is target to deliver items to customers in the USA & Canada. ***
We do NOT deliver our goods within the EU.


In detail you can learn how we handle these aspects:

Miscellaneous Guarantee / Return Policy / Cancellations and Exchanges
How to Order Liability Disclaimer
Delivery / Shipping Terms Use of Cookies
Payment Terms Security
Right of Ownership  
 
If you have any questions or feel unsure about a certain aspect,
please feel free to contact us.
For sure you can print out our Terms via paste & copy

Miscellaneous

Claims for compensation for non-performance of contract, defective contract performance, defective contract conclusion, product unavailability or for any other legal reason are excluded. We cannot guarantee the availability of a product for a certain time or a certain volume.

All prices are calculated tax-free for international shipment to the USA or Canada. Regarding the shipment method you will have to add the corresponding shipping charges. Further information you will find within the section "shipment".

All claims and rights issuing from contracts concluded with us may be invoked only by the first Buyer and are not transferable.

If any provisions of the present Terms or relevant provision in other agreements should be invalid, the validity of the remaining provisions and agreements shall in no way be affected.

On publication of new terms and delivery through the Internet, all previous terms of sale and delivery become void.

All legal transactions with www.bavarian-shopping-mall.com are subject to the provisions quoted below and unless specified otherwise in these Terms, German law shall apply. The contract body is subject exclusively to the laws of the Federal Republic of Germany.

The application of international purchase law is explicitly excluded.

Any agreements to the contrary, in particular the terms of sale of the Buyer, shall not be valid when in contradiction to the present Terms. If any provision detailed below is amended or becomes invalid, the remaining provisions and agreements shall in no way be affected.

Offers are at all times made without obligation. An order to us is considered issued when the order is activated by clicking on "Submit order" or "Fax Order". A subsequent written confirmation by the Buyer is not required. Our performance of a legal transaction concluded with us, in particular of orders issued to us, is conditional exclusively on our order confirmation. Ancillary agreements, amendments or restrictions are valid only when confirmed by us in writing.

User counseling with applications will be provided to the best of our ability and experience. However, any information or opinion as to the suitability and application of our products is not binding on us and do not release the Buyer from carrying out his own tests and trials. The observation of legally imposed or of municipal regulations governing the operation of our products is the responsibility of the Buyer.

How to Order

Goods may be ordered in the following manner and on providing the following data:

On-Line Orders
Fill out the order form including in the shop-system of www.bavarian-shopping-mall.com and click on "Submit Order". You will receive an "Thank you-email" form us, as proof of that we received your email and work on your order. You also will receive an email, when the order is boxed and on its way to the post office.

By E-Mail or Fax
Send us an informal e-mail or Fax. Please include the data prompted in the order form.
What we need to know are:

Product ID
Description
Size
Price
Quantity
Shipping Address
Name
Address
City State
Country
Zip
Email
Phone

Billing Information
Credit card
Name on Card
Card number
Expiration

You will receive an "Thank you-email" or "Thank you-Fax" form us, as proof of that we received your email and work on your order. You also will receive an email or fax, when the order is boxed and on its way to the post office.

All data is confidential and will only be used for processing this order. These order forms will only collect your order information. Someone will get back to you by e-mail or fax and give you confirmation about the product availability, total cost and shipping time. Your credit card will not be charged before we ship! We accept Visa-, Master- and American Express Credit cards. We will not share any of this information at any time under no circumstances with third-parties.

There is no Minimum Order Value required by shopping at www.bavarian-shopping-mall.com, but due to the circumstance that we ship by weight, we recommend, that you at least order a total value of more than the shipping costs are, because they will be same either if you order for 15 lbs or only 1 lbs.


Delivery / Shipping Terms

Shipping is calculated by weight. Every item will be described by its weight within the product box. The mentioned product weight always includes about 20-25% additional weight proportionately for the boxes and the packing material. The shopping basket will automatic calculate the shipping charges on the total weight basis.

Due to our mission to deliver you fast, smart and economical we offer you right now only two delivery options for the three geographical areas mentioned below (for the actual costs please look under the "Shipping-Button" on the left side of our Homepage):

USA
CANADA
ENGLAND ( Attention: We will have to add to the item pricing the corresponding 19% VAT )


There are no further additional costs - except the mentioned shipping costs. Packaging costs are defray by www.bavarian-shopping-mall.com

Labour unrest, war, fire, natural disasters, traffic breakdowns, interruptions in energy and raw material supply and other cases of force majeure, i.e. extraordinary events beyond our control, exempt us from meeting our contractual obligations for their duration. No fixed delivery dates are binding on us.

If an agreed delivery date is not observed by us or we are in default in other ways, the Buyer shall give us a grace period of at least 6 weeks before claiming late delivery damages.

When delivery is made by mail order, our delivery obligation is considered to have been met with the handover of the goods to the freight forwarder or consolidator. We only can forward the shipping time frames mentioned by our carrier the Deutsche Post AG - which are reached by 90 % of all shipments. The time frames are only approximate shipping time frames which do not give a guarantee that the order will arrive in time. There are other transit carriers which will allow timely shipping but they will cost much more like the shipping costs displayed at www.bavarian-shopping-mall.com.

Possible discrepancies between a colour shown in a photographic image on the Internet and the actual colour may be caused by technical factors or by justifiable colour tolerances or discrepancies due to the production process of the manufactures and the use of natural colour ingredients. These discrepancies give the Buyer not the right to refuse the order or to return it.

If you have further questions please do contact us before you place your order !.


Payment Terms

Unless agreed otherwise, our goods must be (latest possibility!) paid at the time of shipping by quoting a credit card number or using PayPal. Once clearance is approved we will ship out the order. Your credit card will not be charged before we ship out the item.

Shipment of the goods is conditional on positive verification by the credit card issuer. www.Bavarian-shopping-mall.com is entitled to suspend further deliveries from current orders until amounts already due including possible subsidiary claims have been paid in full.
On international orders, payment may be made with an internationally recognized credit card. We accept all major credit cards.
All credit card payments will be transferred through a secure server (SSL).


Right of Ownership

All goods delivered by us remain our property until all our claims for payment against the Buyer regardless of their legal basis have been met.

When the Buyer is in default of payment, we are entitled to recover the merchandise until our claims for payment have been met, or we may opt to withdraw from the contract. When merchandise is collected by us, the resulting collection costs shall be borne by the Buyer.


Guarantee / Return Policy / Cancellations and Exchanges

If there is a problem with our service we will do our best to solve it. Here you will find basic guidelines for trouble-shooting in the first instance:

Items are to be inspected immediately at there delivering. Visible damage have to be confirmed by the delivery-service (damage-statement). Complaints due to part or false deliveries, must be claimed within 1 week after receiving of the item. If the failure is on our side, we may choose between replacing or repairing the item. If both can not be done, the customer has got the right to annul the contract. In any case the buyer have to contact us before he takes the next steps.

Shipment costs do include the costs of shipping insurance which are borne by www.bavarian-shopping-mall.com. When a claim is justified, a photo of the damaged goods shall be sent to us following which the insurer will reimburse the value of the goods within present limits. If the item arrives damaged shipping and handling fees will be refunded. We will not be responsible at any time for any occurred import or customs fees, which are connected to the order.

Return Policy

The customer has got the right to annul the buying-contract within 30 days from the day he received the ordered item(s).In that case, the item(s) must be send back in perfect shape, original boxing and number. The customer is bound to pay the shipping costs. Special orders are not subject to this right.( Things made after individual request etc.)

Exceptions: Special offers, individual products or so called “retired items” (e.g. customizing goods, very rare items, which are just ordered on the special wish of a customer) may not be returned.

All clothing items, must be in unused original condition, e.g. the tag have to be still on the cloth.

If you like to return your item – please contact us before either by mail, fax or e-mail. For sure you also can contact us by phone if you find that more appropriate – but please be aware of the time difference between the USA and Germany. Further info how to contact us will be provided under the contact buttom.

Our return address is:

Firma Fux
Bavarian Shopping Mall.com
Dorfstraße 29 – 31
82487 Oberammergau
Germany

Generally we reserve the right to charge a restocking fee of 15 % for returns like most of the US based online shopping platforms do. Exchanges are not subject to a restocking fee. Please note that we refund shipping cost only if the return is a result of our error. Due to the nature of international shipment and the intense ratio of the shipping quotes we motivate every customer to order only if you are really interested in buying that item.

Cancellation

Should you decide to cancel an order, which was not shipped or charged – than please feel free to do so. No costs do apply. We will confirm the cancellation and your data will be deleted. If your order was already charged & shipped ( which is confirmed via a shipping confirmation mail ) a 15% restocking fee shall be assessed to cover handling, credit card or bank fees. This only applies if we have already processed your card. If your order has shipped, you will be responsible for shipping both ways.

If you have cancelled your order and it arrives at our door – please do not accept the delivery. Simply deny it and it will be shipped back. This will save both of us shipping costs and paper work.

In order to cancel your order you must notify us immediately after your order was placed or after you decided to do so. You can email us at info@bavarian-shopping-mall.com with "Cancel my Order" as your subject heading and with your order #.

Your order cannot be cancelled without any further costs once it has been shipped and is in transit. Please understand this because therefore we can not be made responsible for upcoming shipping costs. Please note: You will be refunded for the cost of the product only. You will be responsible for all shipping and handling charges.

Returns / where to ship them back ?

Should you find it necessary to return an item, please contact us first. If we find - in agreement with you - the best solution how to solve the problem, we will let you know if you send the item back to the head location in Germany, directly to our supplier or to one of our subsidiaries in Florida or New York via insured and prepaid U.S. Mail (for your protection and to ensure prompt delivery).

Return shipments need to be send ONLY by the cheapest possible way, we do not pay extra costs for fast or airmail returns!

Christmas-Returns

Attention:
Especially for Christmas Deliveries: We will do whatever we can do to ship your Christmas order in time - but due to high shipping volume we can not guarantee that the order arrive in time. Therefore we recommend that you place your order timely so that it will be submitted with enough time space. If the order did not arrive before Christmas - than please contact us and tell us that you like to return the shipment if you do not longer need it. Nevertheless you will be responsible for the shipping costs - due to the fact that we do not own the shipment carrier and therefore we can not be made responsible for late shipping. Please do keep in mind that due to increased security status of customs all shipments will be checked before they will be repacked. This also can result in a delay, which can not be anticipated by us.

Guarantee

Warranty on certain items is valid for 2 years from date of delivery and covers only quality caused problems on our side and not damages caused by something else. Also it does not cover damage it may do to other things or persons or problems that may arise through undue usage, normal wear, or usage which is not in strict conformity with the owner manual. Please understand that e.g. a limited Nutcracker Collectible is not suitable for cracking nuts. It is only for display purposes.

Liability Disclaimer

The information, services and products available to you on this website may contain errors and is subject to periods of interruption. While www.bavarian-shopping-mall.com does its best to maintain the information, services and products on this website, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
www.Bavarian-shopping-mall.com provides the information, services and products available on this website "as is", with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.

In no event shall www.bavarian-shopping-mall.com be liable for any direct, indirect, incidental, consequential, special and exemplary damages or any damages whatsoever arising form the use or performance of this website or from any information, services or products provided through this website, even if www.bavarian-shopping-mall.com has been advised of the possibility of such damages.

If you are dissatisfied with this website, or any portion thereof, your exclusive redmedy shall be to case using the website.

www.bavarian-shopping-mall.com links may result in outdated links to reference sites and information located throughout the world. We carefully choose sites we link to, but do not warrant the content or the possibility of change in content. Furthermore, www.bavarian-shopping-mall.com assumes no responsibility for the content of any site found through www.bavarian-shopping-mall.com and will not be responsible for any contamination or damage a user sustains as a result of entering a site found through www.bavarian-shopping-mall.com. The user proceeds at his or her own risk.


Use of Cookies

Our internet platform does use cookies, but in a way that is completely secure. The cookies our system uses only contain serial numbers. All other information remains on our SSL-secured system. Think of a cookie as a ticket in a deli. If someone gets their hand on your ticket, they won't be able to do anything with it, as it does not contain any personal information.

We use "non-persistent cookies" to assist you in shopping online. These cookies allow our
servers to deliver simple data, request that the data be stored with the browser in the user's computer memory, and then return the same information back to the server.

The cookie contains only serial numbers assigned to our items. This unique serial number allows the mall to carry shopping information across several web pages to compute the costs of products and services. The serial number does not contain personal information identifying the user. At the end of the browser session, this cookie is removed.

These cookies are not capable of gathering any personal information about the user, such as name, address or credit card information.

Because cookies are implemented with the server in our mall, we recommend turning off your
cookie alert to facilitate your navigation throughout the site.


Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Bavarian-shopping-mall.com is based on the software-applications provided by ShopFactroy, which supports SSL, PGP, and with some payment systems even SET - the major encryption and security protocols and tools on the Internet. This is as secure as it gets.

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