Allgemeine Geschäftsbedingungen

Conditions of payment, retention of ownership

If the order value is up to 100 euros, you can use the online order service to choose between payment in advance (e.g. bank transfer, crossed cheque, cash), invoice (only possible within Europe) and credit card payment (only Eurocard and VISA). If the order value is over 100 euros, you can choose to pay using the option of shipping with cash on delivery or payment in advance (e.g. bank transfer, cash). In addition to the purchase price, we calculate 2 % of the value of the goods for payment by shipping with cash on delivery.
Invoice issued by BOMAG GmbH.

The goods remain the property of BOMAG GmbH, Hellerwald, 56154 Boppard, GERMANY until completion of payment.

If a debit note is not cashed or is returned, the customer entitles his/her bank irrevocably to inform BOMAG of his/her name and his/her current address. We will apply a fee of 30.00 € if a debit note is returned due to lack of funds.

Date of conclusion of contract
By clicking on the order button, you submit a binding order for the goods in your basket. Order receipt will be confirmed as soon as the order has been dispatched. The sales contract does not come into effect by sending off the online order or by sending the automatic email confirmation, but with delivery of the goods.

Delivery
The customer assumes all shipping risks.

Right to cancel
If you have not acted in pursuit of your commercial or freelance professional activities, you can cancel your contract in writing(by post, fax or email) or by returning the goods within two weeks without stating the reasons. The period begins with receipt of the goods and this statement of instruction. The cancellation period is deemed safeguarded if the cancellation instruction or the product is sent on time. 

Please direct cancellation instructions to:

Bernd Rieger
Telephone: +49 6742 100-599
Fax: +49 6742 100-380
Email: bernd.rieger​@​bomag.com

Ursula Vogt
Telephone: +49 6742 100-368
Fax: +49 6742 100-520368
Email: ursula.vogt​@​bomag.com

Consequences of cancellation: If cancellation is successful, then any goods or payments made by either party must be returned/reimbursed and if necessary restitution must be made for any use made of said goods or the payment amount (e.g. interest). BOMAG will credit the amount to your customer account or you will receive a crossed cheque on request. If you cannot return the received goods at all or only partially, or if you can only return them in a deteriorated condition, then you will have to provide compensation for lost value, if the need arises. This does not apply for relinquishing goods if the deterioration of goods was determined solely on a check being carried out in the same way as would be possible on commercial premises or in a shop, for example. Otherwise, you can avoid any obligation to pay compensation for lost value by not using the product as your property and avoiding anything that could impair its value. You must bear the costs for return if the supplied goods correspond to those ordered and if the goods being returned do not exceed a value of 40 €; the same applies if you have not yet made a counter-performance or a contractually agreed partial payment at the time of cancellation and the price of goods is higher than 40 € . In other cases, returns are free of charge for you. Goods which cannot be packaged will be collected from you. You must fulfil any obligations to reimburse payments within 30 days of sending your statement of cancellation.

There is no right to cancellation for custom-built products/machinery.

End of cancellation instructions
Liability for defects
If items should have material or manufacturing faults, please file a complaint for visible faults, including transport damage, as soon as possible. During the warranty period, you initially have the right for repairs to be made free of charge.
If necessary, we will exchange the item entirely or in part. If a fault is not remedied within an appropriate time, you have the option to either cancel your purchase or pay a reduced price.
Liability is limited to the order value. Any other claims by the customer, for whatever legal reason, are excluded. BOMAG is therefore not liable for any damage that occurs through the object of delivery itself. 
The aforementioned liability limitations do not apply to "damages" arising from injury to life, limb or health or to damages where the cause is based on malice aforethought or gross negligence. Furthermore, they do not apply to claims by the customer in accordance with product liability law.
The legal representatives, employees and other vicarious agents of BOMAG are not liable to any greater extent than BOMAG itself.

Complaints
Ccomplaints should be directed to the company address by email or by post.

Data protection

Introduction
BOMAG GmbH (subsequently referred to as BOMAG) appreciates your interest in our products and your visit to this website. Data protection and data security for customers and users have always had a high priority for BOMAG. This is why protecting your personal details throughout the entire business process is very important to us.

This declaration of data protection explains which information we record during your visit to our website and how we use this information. If you would like more information about the acquisition and processing of personal details by BOMAG, please contact us directly at BOMAG (http://www.bomag.com/).

Anonymous data collection
When you visit our websites, our web server records the domain name or IP address of the computer accessing the site as well as the access date, file query of the client (file name and URL), the HTTP answer code and the website from which you are visiting us as well as the number of bytes transferred during the connection. We save information in the form of cookies so that we can optimise our website according to your preferences. Cookies are small data files which are sent from the web server to your web browser and can be stored on your hard disk.

Tracking-tool
This website collects and stores data for marketing and optimisation purposes using technology provided by etracker GmbH (www.etracker.com) and the Piwik organisation (www.piwik.org). This data can be used to create user profiles under a pseudonym. For this, cookies can be used. Cookies are small text files, which are stored locally in the cache of the visitor’s internet browser. By means of these cookies the internet browser can be identified again. Without user´s specific consent, the data collected by etracker- and Piwik technology is not used to identify website visitors personally and is not connected to the personal data of the pseudonym’s owner. This data collection and storage can be revoked at any time with future effect.

Contradiction to tracking
You can contradict to the anonymous data collection at any time with future effect. For this reason, a cookie which prevents the anonymous data collection will be stored on your computer. By deleting the cookie, you also take back your contradiction. You can renew your contradiction any time on this page. 

WebControllingAgreement

Collection and processing of personal details
Personal details such as your name, your address, telephone number or email address are not recorded unless you have voluntarily supplied this information, e.g. within the context of an online order for a product or service, a questionnaire, a competition or an information enquiry. Your orders, related data such as payment details and your personal details are always transmitted to us using 128 bit encryption (Secure Socket Layer, SSL).

Use and transfer of personal details
We only use your personal details for the purposes of technical administration of the website, to fulfil your wishes and requests, and to create need-focused electronic services. We only use your details for product-related questionnaires and marketing purposes with your explicit permission, and then only to the extent required for each specific case. You can revoke this permission at any time with future effect. We will only disclose data to state bodies if this is legally prescribed. Our employees are obliged to safeguard confidentiality. The administration/processing of data is carried out solely in accordance with German law.

Decision by the customer
BOMAG would like to contact you with offers and information about innovations in products and services. If you register on our websites or order our services/products you are asked to confirm if you would like to receive direct advertising from us. As a BOMAG customer, of course, you will continue to receive any necessary information about important changes within the context of existing service contracts (e.g. changes to rates), irrespective of permissions relating to offers and advertising.

External links
You will find links on our website to websites hosted by third parties. If not already apparent, BOMAG will indicate that it is an external link. BOMAG has no influence on the contents and design of websites by other suppliers. For this reason, the data protection declaration does not apply here.

Security statement
Your password should never be disclosed to a third party. We will also never ask you for your password. The URLs for your private pages (address path at the head of the browser window) should also not be made accessible to third parties. Please let us know if you suspect that third parties have gained accessto your details. In this case, we will change them for you immediately.

Further information and contacts 
On request, BOMAG will supply you with information regarding which of your details we have stored (e.g. name, address). If you would like to correct or delete the data, or if you have other questions or suggestions relating to data protection, please use the contact options listed:

 

Data protection officer: Andreas Mallmann

BOMAG GmbH
Hellerwald
D-56154 Boppard
GERMANY

Telephone: +49 6742 100-0
Fax: +49 6742 3090
Email: info​@​bomag.com
http://www.bomag.com/

 

Data protection, status: 2017-02-17

 

Place of legal jurisdiction
Sole place of legal jurisdiction is Koblenz, Germany. This also applies to any other liabilities on the invoice. BOMAG is entitled to file legal action at the head office of the customer. German law applies for contractual relations. Application of the Convention on Contracts for International Sales of Goods (CISG) is excluded.

Preferred bank account
Account holder: BOMAG GmbH 
Bank: BNP Paribas, Frankfurt
Sort code: 512 106 00
Account: 92 23059016
IBAN No.: DE64 5121 0600 9223 0590 16
Swift Code/BIC: BNPADEFF

or

Account holder: BOMAG GmbH 
Bank: Credit Mutuel-BECM, Frankfurt
Sort code: 524 300 00
Account: 8075030018
IBAN No.: DE69 5243 0000 8075 0300 18
Swift Code/BIC: CMCIDEF1

or

Account holder: BOMAG GmbH 
Bank: Societe Generale, Frankfurt
Sort code: 512 108 00
Account: 260 103409
IBAN No.: DE11 5121 0800 0260 1034 09
Swift Code/BIC: SOGEDEFF

Final condition
If individual conditions of these general terms and conditions should become entirely or in part invalid, the remaining contract and/or general terms and conditions remain in effect. The parties are obliged to replace the ineffective clause with a clause that most closely approximates the economic contents of the ineffective clause.

Receiving address for load deliveries

BOMAG GmbH
Managing Director Ralf Junker, Dirk Woll, 
Dr. Ingo Ettischer
Hellerwald
D-56154 Boppard
GERMANY

Telephone: +49 6742 100-0
Fax: +49 6742 3090
Email: info​@​bomag.com
http://www.bomag.com/


Commercial register of Koblenz: HRB 7142

Sole place of jurisdiction is Koblenz, GERMANY.

Tax payer's ID: 22/654/1624/7, VAT No. DE 811175971

Responsible for contents pursuant to § 55 Abs. 2 RStV: Jonathan Stringham

Any contributions attributed by name do not always represent the opinion of the publisher.

 

Copyright

The entire contents of the BOMAG website are copyrighted. When using the site you agree only to download or print out the contents for personal, non-commercial purposes. Copyright signs must not be removed. Copying, downloading, saving (on any type of media), transferring or altering contents on the BOMAG website for any non-personal, commercial purpose is only permitted with written agreement by BOMAG.

BOMAG makes every effort to ensure the confidentiality and accuracy of the information presented here. In spite of this, BOMAG is not liable for any losses or damage of any type connected directly or indirectly with entry to, use of, performance or research on the BOMAG website or associated websites.

The district court of Hamburg issued a judgement on 12.05.1998 saying that if you establish a link to a website you are equally responsible for the linked page, should the occasion arise. According to the district court, this can only be prevented by explicitly distancing yourself from these contents.

BOMAG provides links to other internet pages through its own website and furthermore provides the option of exchanging banners.

The following applies for all such links: "BOMAG explicitly states that we have no influence on the creation or the contents of linked pages. For this reason, we hereby distance ourselves explicitly from all contents on all linked pages throughout the entire BOMAG website, including all sub-pages. This declaration applies to all links attached to our website and to the contents of pages to which you are directed through banner links from BOMAG."

If you require any explanations or more information regarding these statements, please contact:

 

BOMAG GmbH
Managing Director Ralf Junker, Dirk Woll, 
Dr. Ingo Ettischer
Hellerwald
D-56154 Boppard
GERMANY

Telephone: +49 6742 100-0
Fax: +49 6742 3090
Email: info​@​bomag.com
http://www.bomag.com/

 

Liability statement
The texts and illustrations published by BOMAG have been researched with the greatest of care. Nevertheless, neither BOMAG nor its suppliers make any guarantees for correctness. This also applies for any links to external pages; the operators of external pages are solely responsible for them. Quotes are applicable only as long as there is stock. Price changes, errors and calculation errors excepted.

Trademark law
BOMAG® is a registered trademark of BOMAG GmbH. At the same time, this website may also contain trademarks which belong to BOMAG or corresponding subsidiary companies. Not all trade names and/or registered trademarks are shown on this website. If a trademark is not shown on this website, it does not mean that BOMAG does not use it. Use of trademarks, for any reason, is prohibited without prior permission.

Copyright
All the contents of this website are protected by copyright © of BOMAG GmbH (henceforth referred to as "BOMAG") or its subsidiary companies. All rights remain reserved.

You are permitted to view, copy, print out and save said contents as long as you use the contents published on the BOMAG website solely for information purposes or for your personal, non-profit use, and you refer to BOMAG. Otherwise, written permission from BOMAG is required.

Any changes to the contents of this website are prohibited.

If any future change to information shown on this page is necessary, you will always find the current version at this point. If you have any questions, we are available to help you personally by email or by telephone (Contact options).

This website https://www.bomag.com/ is operated from Germany. Any legal disputes arising in connection with the website or its use are subject to the law of the Federal Republic of Germany; the application of German, international private law or the UN convention relating to a uniform law on the international sale of goods from 11.04.1980 is excluded.
 
The court of jurisdiction for any resultant disputes is agreed to be Koblenz if the purchaser is a businessperson, a juristic person or a special institution under public law, or has no general place of jurisdiction within the country. However, BOMAG is entitled to file legal action against the user at his/her general place of legal jurisdiction as well.