Bauerfeind Terms and Conditions
This Terms and Conditions consist of the following sections:
- The Purchase Terms
- Use of the website
- Miscellaneous, as well as policy, set of terms or document to which a link has been provided herein (collectively “Terms & Conditions”).
The www.bauerfeind-sports.com (the "Website") is operated by or on behalf of Bauerfeind AG, Triebeser Str 16, 07937 Zeulenroda-Triebes, Germany. If you place an order through this website, upon confirmation that such order is accepted a contract of sale will be executed between you and Bauerfeind UK, whose registered office is at 85 Tottenham Court Road, London, W1T 4TQ, a branch of Bauerfeind AG, Germany, registered at the county court Jena under HRB 206561which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below. (hereinafter together referred to as "Bauerfeind/we/us") Bauerfeind AG is the parent company of the Bauerfeind Group, which includes several affiliated companies; among them, Bauerfeind UK.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering products online from the website.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of products by us. In other words, you agree to these Purchase Terms, when you order anything from the website.
All products shown on the website are subject to availability. This means that, although we strive to ensure our website reflects the availability of stock, a product shown on the website may no longer be available for purchase.
Minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Bauerfeind is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the website.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH BAUERFEIND
You have to be 16 years of age or older to buy products via the website.
You can only order on the website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
The following applies to all types of products. All information on the website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- If product(s) are shown on the website but are not or no longer available;
- If you have requested delivery outside the UK;
- If we are unable to obtain authorization of your payment;
- If we are unable to verify your delivery address;
- If shipping restrictions apply to a product;
- If product(s) shown on the website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described.
In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
Bauerfeind has and fully reserves the right to refuse to accept any order that it knows or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or devices.
After your order has been placed, we will send you an order confirmation email with your order number and details of the products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the products between you and us will take place with that email.
2.5 RETENTION OF TITLE
All Products will remain the property of Bauerfeind until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
The stated prices include VAT. Prices are quoted in British Pound Sterling (GBP). Bauerfeind reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time. Bauerfeind UK’s VAT number is GB492856596.
2.7 METHODS OF PAYMENT
We accept the following payment methods in the online shop: Credit Card (Visa, American Express, MasterCard) and PayPal.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. Invoice will only be sent to you upon request – please use the Contact Form.
We will deliver to the address indicated by you within the UK mainland.
|FedEx Express||Delivery Costs: GBP 12,00||2-5 working days
Not including Saturdays, Sundays, bank holidays, or days following a bank holiday Next Day delivery if ordered before 12:30 am (Please note, that 2.2, 2.3, 2.4 might delay or hinder delivery)
We can only deliver to a home or office address or a carrier pickup location. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the products to a neighbouring/nearby address or pick-up point, after which Bauerfeind is deemed to have met its obligation to deliver the products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence and in the city of Zeulenroda, Germany. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery.
Bauerfeind is entitled, insofar as reasonably possible, to make split deliveries so that you receive your products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
Bauerfeind is entitled, to change carrier, if offered carrier is not available or cannot offer requested level of services.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.10 MAINTENANCE OF PRODUCTS
We draw your attention to the washing and maintenance instructions printed on the labels of the products. We are not liable for any damage resulting from incorrect handling of products, including handling contrary to the instructions. See How to take care of your product for details.
2.11 Returns Policy
Bauerfeind aims to always provide high quality goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
2.11.1 If you receive goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 (fourteen) days to arrange collection and return. Refunds will be issued upon our receipt of the returned goods.
2.11.2 If any goods you have purchased have faults when they are delivered to you, you should contact Bauerfeind within 14 (fourteen) days. Please arrange return according to 2.14. Goods must be returned in their original condition with all packaging and documentation. Refunds will be issued upon our receipt of the returned goods.
2.11.3 If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Bauerfeind within 14 (fourteen) days and arrange collection and return. Refunds will be issued upon our receipt of the returned goods.
2.11.4 If goods are damaged or defective:
For Bauerfeind, quality is paramount. We thoroughly test all our products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our products to be damaged or defective. Bauerfeind has a legal obligation to make sure that our products are conform to the contract of sale.
Returned products are inspected by the Bauerfeind Quality Assurance Department.
Products are refunded if:
- Returned in case of 2.11.1, 2.11.2, 2.11.3
- In case of 2.11.4. the damage is the result of a manufacturing defect or deviation from factory specifications.
We undertake to fully refund the cost of any defective products through the payment method used by you when purchasing the goods within fourteen (14) days from the date we have received your return shipment.
We do not refund products:
- obtained from a source other than the website;
- that are not returned in the conditions named in 2.14
- that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
- that have been damaged by misuse or activities other than the intended purpose (e.g. use of running shoes for court sports or hiking footwear as work boots, etc.).
Please note the life expectancy of any product depends on the individual using the product, the conditions of use, and the characteristic wear patterns of the user. Our products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the product are not replaced.
2.12 Statutory Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
To exercise your right of withdrawal you must inform us, submitting a clear declaration (e.g. a letter sent by post, a fax or an email) stating your decision to withdraw from the contract of sale. To meet the withdrawal period deadlines you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.
The withdrawal period shall be fourteen (14) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the products, or, where your order contained multiple products which will be delivered separately, delivery of the final product(s) making up your order (“Withdrawal Period”).
You must send back or submit the products immediately after, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Process in section 2.14. This deadline shall be deemed met if you send the products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns and Withdrawal Process in section 2.15, we shall reimburse all payments we received from you, including delivery charges (provided the returned product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available), at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us.
For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned products, or until you have submitted proof that you have returned the products, whichever comes earlier.
2.13 Voluntary Return Guarantee in addition to your Statutory Right of Withdrawal
In addition and without prejudice to your right of withdrawal pursuant to Section 2.12 (and any other applicable statutory rights), we grant you an additional Voluntary Return Guarantee. This allows you to withdraw from the contract of sale, without specifying any reasons, for an additional 44 days beyond the Withdrawal Period, so a total return period of 60 days (“Voluntary Return Period”), as a contractual right of withdrawal with respect to a product.
We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns and Withdrawal Process (Section 2.14).
We must be in receipt of the product(s) you are returning prior to the end of the Voluntary Return Period.
We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned products that do not comply with these conditions.
If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Process 2.14, we will reimburse all payments we received from you, including delivery charges (provided the returned product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within fourteen (14) days after our receipt of the product(s). For this repayment we shall use the same method of payment that you used making the original transaction and you will not be charged any fees for such repayments under any circumstances.
2.14 Returns & Withdrawal Conditions & Process
Products to be returned must be in the following condition:
- The product(s) must have not been used or damaged beyond normal inspection use.
- The product(s) must be returned in its original packaging (and save shipping packaging).
- The product(s) can only be accepted if the original label has not been removed.
In order to make use of your right of withdrawal, you must send Bauerfeind (e.g. by post, fax or e-mail) a clear statement of your withdrawal from your sales contract. You can declare your withdrawal of the sales contract electronically by filling out and sending the explicit order cancellation form on our website. You can find this form here.
If you use this option, we will confirm the receipt of your withdrawal by e-mail. However, the use of this form is not obligatory.
In order to comply with the withdrawal periods specified in sections 2.12 and 2.13, you must notify us before the end of the respective withdrawal period that you are exercising your right of withdrawal.
The product must be returned (following the instructions on the website) to:
Retouren / Tor 38
Weißendorfer Str. 5
The easiest and our preferred way to return your products is to follow the steps in the Returns section of the website, because this both returns the products and notifies us of your desire to withdraw from the contract of sale in one go.
If you return your products by following the above instructions, we shall bear the costs of returning the products. Returns not made in accordance with the instructions set forth above shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned product(s).
Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments.
2.15 EXCHANGE POLICY
We do not exchange products. If you wish to exchange a product, you will need to return your purchase for a refund and place a new order. It is only possible to get a refund on returns when the return is in line with our Returns and Withdrawal Process as stipulated in section 2.14.
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the website and any Bauerfeind content on social media websites, including without limit Facebook and Twitter (together: the “website”). These Use of the Website Terms and Conditions apply to all visits and uses of the website, as well as to the content (as defined below), information, recommendations, products and services provided to you on or through the website. By accessing and using the website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the website and the internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Bauerfeind, its affiliated companies, its licensors or its content providers. All elements of the website including, but not limited to, the general design and the content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Bauerfeind, no portion or element of the website or its content may be copied or retransmitted via any means. The website, its content and all related rights shall remain the exclusive property of Bauerfeind, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all content is and remains owned by Bauerfeind, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download content found on the website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. You may not reuse any content without first obtaining the consent of Bauerfeind. For purposes of these terms, the use of any such content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from content found on the website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Bauerfeind. Bauerfeind does not transfer title to the software to you. You own the medium on which the software is recorded, but Bauerfeind retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Bauerfeind Group, product packaging and/or on the website, whether registered or not (the “Trade Marks”) remain the exclusive property of Bauerfeind, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the trade marks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Bauerfeind' prior written consent. The use of any of the trade marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet websites, is prohibited without the express written consent of Bauerfeind.
3.3 DISCLAIMER OF WARRANTIES
The website and the content are free of charge and provided 'as is' and without any warranties of any kind. The information on the website is for general information purposes only and does not constitute advice.
Bauerfeind does not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website or the server that makes the website available are free of viruses or any other harmful components. Further, Bauerfeind will not provide for specific IT infrastructure or connectivity. Thus Bauerfeind cannot represent or warrant the website will be uninterrupted or error free. Bauerfeind does not make any warranties or representations regarding the use of the content on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the website is at your own risk. Neither Bauerfeind, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the content on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Bauerfeind has been advised of the possibility of any such damages.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Bauerfeind may deny you access to the website at any time in its sole discretion, and which shall include situations where Bauerfeind believes that your use of the website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the website or its content or circumvent the structure or presentation of the website or any of its content or (b) to interfere with the operation of the website or any transaction being made on the website or interfere or affect any person's use of the website or to help facilitate any third party to purchase any product on the website.
You may not attempt to gain unauthorized access to any part or feature of the website or any system connected to the website by hacking, password mining or other illegitimate or unauthorized means.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including your personalization of customized products) that you or other users of the website post to the website or transmit using the website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Bauerfeind shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any user generated content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Bauerfeind only acts as a passive conduit for the distribution of the user generated content and is not responsible or liable to you or to any third party for the content or accuracy of the user generated content. Bauerfeind shall not be continuously monitoring user generated content published by you or moderating between users, nor shall Bauerfeind be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the user generated content do not necessarily represent those of Bauerfeind. Any use by you of the user generated content is entirely at your own risk. You represent and warrant that any user generated content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Bauerfeind and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Bauerfeind or its affiliated companies related to any user generated content posted or transmitted by you or your other use of the website.
Bauerfeind reserves the right at its sole discretion to block or remove (in whole or part) any user generated content posted or transmitted by you and which Bauerfeind believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Bauerfeind.
You agree to promptly notify Bauerfeind in writing (see How to Contact Us below for contact details) of any user generated content (or other content) which breaches these Use of Website Terms and Conditions. You agree to provide to Bauerfeind sufficient information to enable Bauerfeind to investigate whether such user generated content (or other content) breaches these Use of Website Terms and Conditions. Bauerfeind agrees to make good faith efforts to investigate such complaint and shall take such action as Bauerfeind in its sole discretion decides. However, Bauerfeind does not warrant or represent that it will block or remove (in whole or part) such user generated content or other content.
3.8 UNSOLICITED IDEAS
Bauerfeind maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Bauerfeind business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Bauerfeind. You should therefore not post any materials on the website or send these to Bauerfeind by e-mail or otherwise.
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the website or the Bauerfeind Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our customer service by Contact Form.
Alternatively, you may also write to us using the following address:
Triebeser Str. 16
In case of contradiction between Bauerfeind Terms and Conditions and any content contained in other parts of the website or in links, Bauerfeind Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE BAUERFEIND TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of the Bauerfeind Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).
Please check the Bauerfeind Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the Bauerfeind Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Bauerfeind Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
Bauerfeind reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Bauerfeind terms and conditions provided that your rights under Bauerfeind terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Bauerfeind terms and conditions without our consent in writing.
4.7 EVENTS BEYOND REASONABLE CONTROL
Bauerfeind will be not held responsible for any delay or failure to perform or comply with our obligations under the Bauerfeind terms and conditions when the delay or failure arises from any cause which is beyond Bauerfeind’ reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The Bauerfeind Terms and Conditions shall be governed by the laws of Germany. German law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence.
You may bring any dispute which may arise under these Terms and Conditions to – at your discretion - either the competent court of Gera, Germany, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Bauerfeind shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Gera, Germany.
Version September 2021