Our policies at Bipads

Terms of Service

1. Vendor and Scope

1.1. These general terms and conditions of sale apply to all, including future, contracts and other services. Conditions of the customer are not binding on us, even if we do not expressly object to them again after we have received them. Their validity can only be excluded in whole or in part by express agreement in the case of individual business transactions.

1.2. Verbal promises are never binding. Only agreements that have been confirmed by us in writing are binding.

1.3. Statements in advertising material do not constitute a declaration of quality.

1.4. The purchaser or the recipient of the service is referred to below as the "orderer".

2. Conclusion of contract

2.1. Unless otherwise agreed, all offers are non-binding and non-binding. The customer only submits a binding offer by placing the order by pressing the "Buy Now" button, which, however, still requires our acceptance.

A contract is only concluded when we confirm the order. Previous agreements are not to be considered binding without such confirmation. We are not obliged to accept a purchase offer.

2.2. Changes and additions to the contracts that come about through the above-mentioned procedure must be in writing in any case.

2.3. The customer's order is accepted by us if and when we confirm the dispatch of the goods by e-mail.

A password required for the order may not be passed on to third parties. In the event of a transfer, the customer is also responsible for orders from third parties. The customer is responsible for all orders with the password and the resulting claims.

2.4. We do not store the text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser.

3. Prices

3.1. The prices valid on the day of the order apply, as displayed in the online shop.

3.2. The prices shown are in euros and do not include the statutory VAT.

3.3. When purchasing goods that are delivered in a package or in any other way by post, the shipping costs are not included in the prices shown. The shipping costs are only included in the final invoice.

3.4. For standard deliveries within Germany, we charge a flat rate of 2.95 euros for delivery within Germany.

4. Terms of Payment

4.1. Payment is only possible online via Paypal, Sofort, advance payment or by credit card (American Express, Mastercard, VISA card or Diners).

Discounts or discount vouchers (e.g. a voucher with a discount code, a newsletter bonus or a birthday voucher) can only be redeemed under the promotional conditions advertised in each case. Multiple discounts and discount vouchers cannot be combined.

4.2. The purchase price must be paid exclusively to the account specified in the online shop. The deduction of cash discount is only permissible with a special written agreement.

4.3. Unless otherwise agreed, payment is due immediately and without deduction. The buyer is in default no later than 10 days after the due date of the claim without the need for a reminder.

4.4. In the event of a delay in payment, default interest of 5% pa above the applicable base interest rate of the European Central Bank will be charged on the invoice value. The right to assert further damage remains unaffected. If the customer is in default of payment with an invoice, this means that all other outstanding claims are due immediately.

4.5. In the event of a delay in payment, we are also entitled to reclaim the goods after a reasonable period of grace has expired. In addition, we are entitled to prohibit the resale and further processing of delivered goods. The return is not a withdrawal from the contract. The customer can avert the legal consequences listed above by providing security or payment. The provisions of the Insolvency Code remain unaffected by the above regulations.

5. Right of retention and set-off

The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts complaints or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

6. Delivery

6.1. Unless an expressly binding delivery date has been agreed, our delivery dates and delivery periods are non-binding information.

6.2. 4 weeks after a non-binding delivery date/delivery period has been exceeded, the customer can request us in text form to deliver within a reasonable period of time. If we culpably fail to meet an express delivery date/delivery period or if we are in default for another reason, the customer must set us a reasonable period of grace to effect performance. If we let the period of grace elapse without result, the customer is entitled to withdraw from the purchase contract.

6.3. If the customer culpably violates his duty to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. Further claims remain reserved. For his part, the customer reserves the right to prove that damage of the requested amount did not occur at all or at least was significantly lower. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which he defaults on payment.

6.4. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

6.5. With a standard delivery via DHL within Germany, your order will be delivered within 3-5 working days.

6.6. Public holidays and public holidays, which vary within Germany, affect the delivery time of the order and result in the delivery being postponed by up to two working days following the public holiday.

7. Retention of Title

7.1. We reserve ownership of the delivered item until all claims arising from the contract have been paid in full.

7.2. As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. As long as ownership has not yet passed, the customer must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.

7.3. The treatment and processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the purchaser's expectant right to the purchased item continues with the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us and keeps the resulting sole ownership or co-ownership safe for us. To secure our claims against the customer, the customer also assigns to us such claims that accrue to him against a third party as a result of the connection of the goods subject to retention of title with property; we already accept this assignment.

7.4. We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.

8. Withdrawal

8.1. The customer has the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier took possession of the goods,

if the customer has ordered one or more goods as part of a single order and the goods or goods will be delivered as one; if the customer has ordered several goods as part of a single order and the goods will be delivered separately; if several of the the above alternatives are available, the cancellation period only begins when the customer or a third party named by the customer who is not the carrier has taken possession of the last goods or the last partial shipment or the last piece.

8.2. In order to exercise the right of withdrawal to which the customer is entitled, he must inform us via:

DYMD OHG Madame-Blanc-Str. 21 61381 Friedrichsdorf Germany

service@bipads.com

by means of a clear statement (e.g. a letter sent by post or an e-mail) of the decision to withdraw from this contract.

9. Consequences of revocation

9.1. After cancellation by the customer, all payments that we have received to pay the purchase price for the canceled goods, including delivery costs (with the exception of the additional costs resulting from the fact that the customer chooses a different type of delivery than the cheapest standard delivery offered by us has chosen) to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of the cancellation of this contract. For this repayment, we use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will fees be charged for this repayment.

We can refuse repayment until we have received the goods back or until the customer has provided proof that you have returned the goods, whichever is earlier.

9.2. The goods must be returned or handed over to us immediately and in any case no later than fourteen days from the day on which the customer informed us of the cancellation of this contract. The deadline is met if the goods are sent by the customer before the period of fourteen days has expired.

9.3. The following applies to the costs of the return: If the customer uses a pre-paid return label provided by us, the return is free of charge for him. A return label can be requested from our customer service (service@bipads.com). If the customer does not use our return label, he has to bear the direct costs of the return.

10. Warranty and Defects

10.1 Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated as binding by us, the illustrations or drawings contained there are only approximately authoritative.

10.2 If the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use required by our contract or for general use or it does not have the properties that the customer could expect according to our public statements, then we are obliged to supplementary performance. This does not apply if we are entitled to refuse subsequent performance based on statutory regulations.

10.3 The customer initially has the choice of whether subsequent performance should be carried out by means of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the customer. During the supplementary performance, the purchaser cannot reduce the purchase price or withdraw from the contract. A subsequent improvement is deemed to have failed with the unsuccessful second attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can either demand a reduction in the purchase price (reduction) or withdraw from the contract.

10.4 Claims for damages under the following conditions due to the defect can only be asserted by the customer if the supplementary performance has failed or we have refused supplementary performance. The customer's right to assert further claims for damages under the following conditions remains unaffected.

11. Liability

11.1. Notwithstanding the above provisions and the following liability limitations, we are fully liable for damage to life, limb and health that is based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damages based on intentional or grossly negligent breaches of contract as well as fraudulent intent, our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we are also liable under this guarantee. However, we are only liable for damage that is based on the lack of the guaranteed quality or durability, but does not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee.

11.2. We are also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and is foreseeable. For the rest, we are not liable for simple negligent violations of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.

11.3. Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

12. Miscellaneous

12.1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).

12.2. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.