Terms and Conditions

§ 1 Scope of application and supplier

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by BNW Distribution e.K. (hereinafter referred to as “Supplier”) to you in the version valid at the time of the order. 

(2) Any deviating general terms and conditions of the purchaser are rejected. 

(3) Please read these terms and conditions carefully before placing an order with BNW Distribution e.K.. By placing an order with BNW Distribution e.K., you agree to the application of these Terms and Conditions of Sale to your order. 

(4) On BNW Distribution e.K. we offer you the sale of the following products: Board games, books and accessories.

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are aimed exclusively at B2B companies (§ 14 BGB) (hereinafter referred to as the Customer) with an invoice and delivery address in: worldwide. In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.

(3) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.

(4) Your order constitutes an offer to BNW Distribution e.K. to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button “order with obligation to pay” in the final ordering step.

(5) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(6) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a normal household quantity.

(7) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.

(8) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. Further information about electronic invoices can be found on our website.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory VAT and do not include shipping costs or shipping surcharges. The shipping surcharges vary depending on the type of delivery and the nature of the item.

(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.

(3) As a rule, the prices at the time of ordering apply. If list prices are available, the prices of the list price valid at the time of the order shall apply. For economic reasons, we reserve the right to adjust prices in accordance with adjustments made by publishers or distributors.

§ 4 Delivery and Cancellation

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by BNW Distribution e.K. (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.

(2) If BNW Distribution e.K. discovers during the processing of your order that products ordered by you are not available, these items will be put on backorder. The customer’s statutory claims shall remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer’s front door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the customer was given reasonable notice of the delivery time, the customer shall bear the costs of the unsuccessful delivery.

(4) Delivery shall be made according to the customer’s method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. If payment is made by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package.

§ 5 Customs

(1) If you order products from BNW Distribution e.K. for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.

(2) Please also note that when ordering from BNW Distribution e.K., you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.

§ 6 Payment

(1) The customer can pay for the goods using the following payment methods:

– On account

When paying on account, a one-off fee of € 0 (zero euros) including the applicable VAT per delivery will be charged in addition to any shipping costs for the complete shipment. The customer will always be informed separately before conclusion of the contract whether this fee will be charged.

If the invoice amount is not paid by the due date for reasons for which the customer is responsible, BNW Distribution e.K. shall charge a flat-rate compensation fee of €10 (ten euros). The customer may prove that no damage has been incurred at all or that it is significantly lower than the lump sum.

In the case of payment on account and in other cases where there is a justified reason, BNW Distribution e.K. shall check and evaluate the data provided by the customer.

(2) Certain payment methods may be excluded by the supplier in individual cases.

(3) The Customer is not permitted to pay for the goods by sending cash or checks.

(4) If the Customer chooses an online payment method, the Customer thereby authorizes the Supplier to collect the amounts due at the time of the order.

(5) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer must transfer the invoice amount to the Supplier’s account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.

(6) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to a lack of funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.

(8) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.

(9) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.

§ 7 Offsetting and right of retention

(1) The customer shall only have the right to offset if the customer’s counterclaim has been legally established or has not been disputed by the supplier.

(2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.

§ 8 Retention of title

BNW Distribution e.K. retains title to the goods until payment has been made in full.

§ 9 Damage in transit

(1) If the customer receives the goods with obvious transport damage, the supplier shall request the customer to complain about this as soon as possible.

(2) If the customer fails to make the complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.

§ 10 Warranty for defects

(1) The buyer must carefully and completely inspect the goods immediately after delivery. The goods shall be deemed to have been approved if BNW Distribution e.K. does not receive a written notice of defects with regard to obvious defects or other defects that were recognizable during an immediate, careful inspection within 7 days of receipt of the goods by the buyer. If a defect not recognizable during the initial inspection becomes apparent later, the buyer must inform BNW Distribution e.K. immediately in writing.

(2) The buyer shall describe the defect in detail to BNW Distribution e.K. and, as far as possible, inform BNW Distribution e.K. of the cause of the defect.

(3) At the request of BNW Distribution e.K., the goods complained about shall be returned carriage paid in their original packaging or – if this is no longer available – in equally secure packaging. If the complaint is justified, BNW Distribution e.K. shall reimburse the costs of the cheapest shipping route for returning the goods from the place of delivery agreed in the purchase contract.

(4) If the delivered goods are defective, BNW Distribution e.K. shall be entitled to deliver a replacement within a reasonable period of time. The period shall commence upon receipt of the defective goods by BNW Distribution e.K. in accordance with § 6 (3).

(5) BNW Distribution e.K. shall be entitled to make the replacement delivery dependent on the buyer paying the purchase price due. However, the buyer shall be entitled to retain a reasonable part of the purchase price in proportion to the defect.

(6) In the event of failure of the replacement delivery, i.e. impossibility, unreasonableness, refusal or unreasonable delay, the Buyer may – in the case of a material defect – reduce the purchase price appropriately or withdraw from the contract.

(7) If the defect is due to the fault of BNW Distribution e.K., the buyer may demand compensation for damages under the conditions specified in § 7.

(8) In the case of entrepreneur recourse (§ 445 a BGB), it shall be assumed that there were no defects at the time of the transfer of risk to the buyer if the buyer has not reported any defects despite § 6 para. 1. If the buyer asserts recourse claims, he must allow himself to be treated vis-à-vis BNW Distribution e.K. as if he had made use of all legally permissible options vis-à-vis his contractual partner (e.g. refusal of subsequent performance due to disproportionality or limitation of the reimbursement of expenses to a reasonable amount). BNW Distribution e.K. shall only be liable for compensation for consequential damages in the event of culpable conduct.

(9) In cases in which – also for our buyer – there is no purchase of consumer goods within the supply chain, the provisions of §§ 474-479 BGB shall not apply.

§ 11 Limitation of liability (products)

(1) The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty or that of one of the Provider’s legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.

(3) The provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damages typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.

(4) The provisions of the Product Liability Act shall remain unaffected.

(5) Insofar as the liability of BNW Distribution e.K. is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

§ 12 Cancellation policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) to revoke without giving reasons. To exercise your right of withdrawal, you must contact us:

BNW Distribution e.K.

9c Albert-Einstein-Str.

Phone: 021738932808

E-mail: sales@bnw-distribution.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration.

If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online returns center within the period defined below. For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.

(3) Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

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

You must return the goods immediately and in any event no later than 14 days from the date on which you notify us of the revocation of this contract to

BNW Distribution e.K.

9c Albert-Einstein-Str.

Phone: 021738932808

E-mail: sales@bnw-distribution.com

to return or hand over the goods. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not exist or expires for the following contracts:

• for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
• for the delivery of goods that are manufactured according to the customer’s specifications or are clearly tailored to personal requirements;
• for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
• for services, if BNW Distribution e.K. has provided these in full and you have acknowledged and expressly agreed before placing the order that we can begin to provide the service and you lose your right of withdrawal upon complete fulfillment of the contract;
• for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
• and for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market on which the trader has no influence.

§ 13 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

• for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

(2) The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 14 Privacy Policy

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by email) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.

(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.

(4) You have the right to receive information from BNW Distribution e.K. at any time about the data concerning you in full and free of charge.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

§ 15 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the visitor’s Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).

(5) You can object to the storage of cookies by clicking on a banner that allows you to object/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

§ 16 Place of jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 17 Final regulations

(1) BNW Distribution e.K. processes personal data. The information on the processing of personal data is set out in our disclaimer.

(2) The buyer’s rights under the contract are not transferable.

(3) The contract language is German. If the German-language version, in particular of the General Terms and Conditions, differs from the English-language version, the German-language version shall prevail.

(4) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(5) The exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of BNW Distribution e.K. in Ratingen. However, BNW Distribution e.K. shall also be entitled to take legal action at the buyer’s general place of jurisdiction.

(6) The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed at https://webgate.ec.europa.eu/odr/. BNW Distribution e.K. is neither obliged nor willing to participate in dispute resolution proceedings before an arbitration board.

(7) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Omitted provisions shall be replaced by others that are legally effective and come closest to the economic purpose of the invalid clause.