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Terms and Conditions

General Terms And Conditions

1. Scope

2. Offer, Conclusion of Contract, Revocation Instruction

 

General Terms And Conditions

Bench Limited (hereinafter called “Bench“) terms and conditions for online orders: http://es.bench.co.uk.

1. Scope

Our general terms and conditions (hereinafter called “terms and conditions“) shall exclusively apply to all orders which are placed directly on this website http://es.bench.co.uk (hereinafter called „website“) or on Internet websites which are directly linked.

These terms and conditions replace all former terms and conditions used by us, which are possibly different in content.

2. Offer, Conclusion of Contract, Revocation Instruction

The sending of the order selected on the order page is a binding offer to conclude a purchase contract of the items of the website with their respective order numbers (content of the order).

The goods offered on our website are an invitation or request for a customer to make an offer for the purchase of our goods.

All amounts specified are in EURO and include the currently valid VAT. In case such an order cannot be performed, Bench will inform the purchaser as quickly as possible.

Bench accepts the offer subject to availability, by sending the ordered items or by sending an order confirmation or by deducting the invoice amount from the purchaser’s bank account. The order confirmation automatically sent after completing the order shall not be deemed to be acceptance. Bench is not committed to the acceptance of the offer. In principle Bench only accepts orders in household quantities, which does not include resale or commercial use, except that a respective separate agreement has been concluded. At the time the order is placed, the purchaser must be at least 18 years of age.

In the case of writing or calculating mistakes and in case of delivery problems Bench has the right to withdraw from the purchase contract. If the goods ordered are not available, Bench can cancel the respective part and not charge the costs to the purchaser, i.e. refund the purchaser if any costs arose.

3. Revocation Instruction

Revocation Right

You have the right to cancel this contract within fourteen days without having to give any reasons.

The revocation period is fourteen days from the day you or a designated third party other than the carrier, took possession of the goods.

To exercise your right to revoke, you will have to inform Bench by stating your [street name and house number.], [the zip code and your city]) in form of a clear statement (for example in form of a mailed letter, fax or by e-mail) of your decision, to revoke this contract. You can use this withdrawal form, however, you are not obligated to use this form.

To observe the revocation period it is sufficient to send the information about the revocation before the revocation period ends.

Consequences of Revocation

If you revoke this contract, we shall immediately and at the latest within fourteen days from the time we received your revocation refund all payments we received from you including delivery costs (except additional costs, if you chose a different type of delivery than the most economical standard delivery we offer). For the refund we use the same means of payment you used for your original transaction, unless we agreed to use different means of refund; however, we shall never charge you for this refund. We may refuse the refund until we received the goods back or until you proved that you sent the goods back, whichever is the earlier.

You shall immediately send back or hand back the goods to us, however, at the latest within fourteen days from the day you informed us about the revocation. The period is observed, if you send the goods within the fourteen days period. You will pay the costs of return. You will only have to pay for possible diminished value of the goods if this diminished value is due to your incorrect handling when Bench controlled the state, properties, and functionality of the goods sent back. You are obliged to return the goods to us in perfect condition and in the original packaging.

4. Delivery Terms, Delivery

For new customers Bench reserves the right of a credit check. If the purchaser is late with the payment of goods he or she ordered earlier, Bench reserves the right not to deliver the new order.

Delivery will be made to the address the buyer provided. All information about availability is non-binding. If one of the items ordered is not available for a long period, the purchaser will be informed about this in a separate e-mail. In such a case the purchase contract for the unavailable item is considered as not being concluded. If the purchaser has already paid for this article, the amount will be refunded immediately after having sent the respective e-mail. Partial deliveries are permitted. Bench may cancel the delivery in case of a criminal action or if false information was given regarding the purchaser’s personal data.

5. Prices and Shipping Costs

All prices indicated on the website include the statutory value added tax. The shipping costs are not included. The price for the goods is the price indicated at the time of the order placement.

The purchaser will be informed about amount of the shipment costs at the time he or she places the order.  The shipping costs are included as part of the total purchase price.  

6. Warranty and Liability

The legal regulations apply providing that the purchaser claims warranty stating the order number, his name and address and the reasons for the claim. If Bench requests, the purchaser shall sent the defect merchandise at our expense and risk to the following address:

Bench Limited
c/o Hellmann Worldwide Logistics
Atterstr. 65
D-49090 Osnabrück

Customary, minor changes of goods or small, technically inevitable changes of quality, colour, finishing, fit or design in comparison to the picture on the website are not deemed as a defect and shall not effect any claims by the purchaser.

If a defect of the goods delivered exists, the purchaser may claim either supplementary performance in form of a removal of the defect or delivery of new goods free of defects. However, Bench reserves the right, in case of excessively high costs to remove the defect to insist on a supplementary performance by sending new goods free of defects. If the supplementary performance fails, the purchaser may either cancel the order, or claim reduction.

Bench is liable under statutory provisions, if the purchaser claims damages, which are subject to intent or gross negligence, including intent or gross negligence caused by our representatives or vicarious agents. In as far as Bench cannot be accused of intentional breach of contract, compensation liability is limited to the foreseeable, typically occurring damage. If Bench is guilty of having violated a major contractual obligation, Bench will also be liable under the statutory provisions. Also in this case compensation liability is limited to the foreseeable, typically occurring damage.

Entitlements to defects or damages expire, unless permitted by law, after 2 years from passage of risk.

Liability of destruction of life, personal injury or health damages remain unaffected.

7. Payment Terms

Bench accepts the payment methods indicated at the order procedure on the website providing that the automatically requested credit report at a credit agency is positive (for example Creditreform Boniversum GmbH).

For the purpose of the credit rating/solvency check, Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany, sends us your personal address data and solvency data saved in its database, including score values calculated using actuarial techniques, insofar as we have credibly demonstrated our legitimate interest therein. The calculation of the score value also uses address data amongst other things.

8. Title Retention

Bench will own the delivered goods until payment is made in full.

9. Data Protection

Bench is authorized to collect, to process, and to use data received from customers according to legal regulations, as they are required to execute the contractual relationship. No data will be passed on to third parties without the purchaser’s express consent, except for cases where Bench is legally bound. The processing of the purchaser’s data and the completion of the contractual relationship will be subject to the applicable data protection laws. All data will be treated with absolute confidentiality.

The website/ the online store with the domain http://www.bench.de is operated by:

Bench Limited
Registered Office: Tanzaro House, Ardwick Green North,
Manchester M12 6FZ
Legally represented by: CEO & Chairman Dr. Bruno Sälzer
Registry court: Registered in England & Wales (Company No. 4787106)
VAT-Identification Number: DE261198488
Customer Service email: service@bench.co.uk

 

10. Out-of-Court Dispute Resolution

You can visit the online dispute resolution platform of the European Commission with the following external link http://ec.europa.eu/consumers/odr/. Bench Limited is neither obligated nor willing to participate in out-of-court settlement procedures.

Final Provisions

All contracts between Bench and the customer are exclusively subject to German law with the exclusion of UN purchasing law.

 
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