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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