BNSM [BENSEM] = Basic Natural Spirit in Motion.
Wir haben einen Lifestyle Sneaker entwickelt, der weltweit ganzjährig getragen werden kann, ob auf Straßen oder in klimatisierten Räumen. Er wird zu 100% aus Merino Schaffell hergestellt und ist damit der weltweit erste Sneaker aus gewachsenem Schaffell (Doubleface).
Es übernimmt die Wärmeregulierung und bietet optimales Wohlfühlklima. Wegen der Flauschigkeit kann er auch gerne barfuß getragen werden und verhindert zugleich den Fußgeruch.
Die Kollektion für Damen und Herren besteht aus zwei Styles „SNUG low“ und „SNUG high“ in zehn verschiedenen Farben. Ganze Größen Damen 36-42, Herren 40-46
„Eine Erfindung der Natur. Eine Wohltat für die Füße“
BNSM [BENSEM] = Basic Natural Spirit in Motion.
We have developed a lifestyle sneaker that can be worn around the world, indoor and outdoor, the whole year. This is worldwide the first sneaker to be made from one piece of 100% Merino sheepskin (Doubleface), which regulates the temperature and the well-being climate for your feet.
The Merino wool also reduces foot odours making it fabulous to be worn also barefoot.
The collections for both men and women comes in two styles "SNUG low„ and "SNUG high" with ten different colours available in whole sizes: Women UK 3-8, Men UK 6-13
“An invention of nature. A treat for the feet”
Michael BettigCEOAdresse Im Alengarten 15D
- +49 6251 705 89 35
- +49 172 622 73 70
- +49 6251 705 89 35
D-64625 Bensheim; Im Alengarten 15 D
1.1 These General Conditions of Sale, Delivery and Payment ("the Terms of Delivery") apply to all, including future, orders submitted by a Customer ("Buyer") and accepted by BNSM® GmbH ("Supplier") nothing else has been agreed in writing, these orders are subject to these terms of delivery, but no general terms and conditions of the buyer.
1.2 Agreements that have been made or conditions that have been agreed before the order has been submitted by the buyer, or that arise from prior business relationship of the parties or have been discussed between the parties prior to acceptance of the order by the supplier, will not become part of the purchase contract for the delivery items.
2.1 The supplier is bound by an order submitted by the buyer only and only after he has accepted it.
In the pre-order business, the orders are accepted by countersigning the pre-order form by the sales representative of the supplier; a written order confirmation by the supplier does not take place. In the immediate business, an order is accepted by the supplier, if within 10 days from the date of receipt by the supplier the delivery items are sent with a delivery note to the buyer.
The supplier is not obliged to accept one or more orders from the buyer.
2.2 The hired own sales representatives of the supplier are not authorized to legally oblige the supplier with the exception of the acceptance of preliminary orders. You are also not allowed to accept payments, either in cash or by check. The suppliers' trade representatives have no final power of attorney, may not make any binding promises with regard to the delivery items or other conditions, and may not accept payments either in cash or by check.
2.3 The Supplier reserves the right to make production-related changes of the agreed quality (see clause 8.1) within reasonable commercial tolerances, in particular with regard to commercially customary, technically unavoidable deviations from quality, color, width, equipment of the weight and design.
- Delivery and risk
3.1 Delivery dates and delivery deadlines are only binding if they have been confirmed in writing by the Supplier and the Buyer has provided the Supplier in good time with all information and documents necessary for the execution of the delivery and has paid agreed down payments in accordance with the agreement. A binding delivery date/delivery deadline is met if the delivery has left the factory or warehouse of the supplier within the delivery date / within the delivery period.
3.2 In the event that the supplier defaults on a delivery or service date, a one-off reasonable additional period of at least 18 days from the agreed lower or service deadline for the delivery or service is agreed. If the deliveries or services of the supplier are further delayed, the buyer is only entitled to withdraw from the contract if the supplier is responsible for the delay.
3.3 Unless otherwise agreed in writing with the supplier, delivery items are carried by the carrier designated by the supplier ("the particular carrier").
3.4 The risk of damage or loss of the delivery items passes to the buyer
a) on delivery of the delivery items to the particular carrier when the items of delivery are loaded into or onto the vehicle of the particular carrier, or
b) in providing the delivery items for collection by the buyer at the time the supplier notifies the buyer that the delivery items are ready for collection.
The supplier assumes no responsibility for the insurance of the delivery items after one of the times specified in a) or b).
3.5 The supplier has the right, for reasonable cause and insofar as reasonable for the buyer, to carry out the deliveries in the form of partial deliveries and to invoice the buyer for each partial delivery at the time of delivery.
3.6 If the buyer does not accept the delivery items, the supplier, subject to his other rights, has the right to intermediate or store the delivery items, for which the supplier may charge the buyer all reasonable, resulting costs, including the full required insurance costs.
3.7 Unforeseeable, unavoidable events outside the supplier's sphere of influence and beyond the control of the supplier, such as force majeure, war, labor disputes, natural disasters, official orders release the supplier for their duration from the duty of punctual delivery or service, even if they enter during a delivery delay. Agreed periods shall be extended by the duration of the disturbance; the buyer shall be informed of the occurrence of the disturbance in an appropriate manner. If the end of the disruption is not foreseeable or lasts more than two months, each party is entitled to withdraw from the contract.
3.8 For delivery items that the supplier does not manufacture himself, the correct and timely self-delivery is reserved.
4.1 Unless otherwise agreed in writing with the supplier, the price to be paid by the buyer to the supplier for the delivery items ("the price") shall be that of the supplier's price list valid at the time of the conclusion of the contract for the scheduled delivery date The price is exclusive of sales tax, transport costs and insurance costs Packaging costs are calculated if the buyer wishes a special packaging.
4.2 The supplier reserves the right to set minimum order quantities for certain articles of the delivery assortment or minimum order values, which may result from the price list.
4.3 The Supplier reserves the right to notify the Buyer, at any time prior to delivery, of a price increase reflecting the cost increase resulting from an amendment to the Order subsequently arranged by the Buyer and accepted by the Supplier.
5.1 Unless otherwise agreed in writing with the supplier, the supplier is entitled to send an invoice to the buyer on the date of shipment or at any time after the delivery items have been shipped.
5.2 Unless otherwise agreed in writing with the supplier (in particular on the invoice), every invoice from the supplier shall be due for payment without deductions after 20 days from the date of invoice. In case of unsuccessful expiration of this period, default in payment occurs. Payments within eight days after the due date are allowed 2% discounted.
5.3 In the event of default in payment, the supplier is entitled to charge the applicable statutory default interest. For each reminder after default, the buyer has to pay the supplier € 10.00, unless the buyer proves that costs for the reminder did not arise or only to a much lesser extent. The assertion of further delay damage remains unaffected.
5.4 If the supplier becomes aware of the risk of the purchaser is unable to perform the contract after the conclusion of the contract, the supplier is entitled to execute outstanding deliveries only against advance payment or securities. If the advance payments or securities have not been provided even after the expiry of a reasonable period of grace, the supplier may withdraw from all or part of the contracts concerned in whole or in part. The assertion of further rights remains unaffected to the supplier.
5. Checks are only accepted by special agreement and for the supplier free of cost and expenses for fulfillment.
5.6 Payments shall always be used to settle the oldest due receivable plus accrued interest, unless the payment has been made by the Buyer for the settlement of any other due claim.
5.7 The Buyer is only entitled to offsetting if his counterclaim is undisputed or legally binding. The purchaser is only authorized to assert a right of retention to the extent that his counterclaim is based on the same contract, is undisputed or legally established.
6.1 The delivered delivery items remain the property of the supplier until the full payment of all claims of the supplier resulting from the business relationship with the buyer ("reserved products").
6.2 In the case of a current account, the reserved property shall be deemed to secure the balance due from the Supplier
6.3 The buyer is only permitted to sell the reserved products in the ordinary course of business. The Buyer is not entitled to pledge the reserved products, to assign them for security or to make any other injunctions threatening the Supplier's property. The buyer hereby assigns the claim from the resale to the supplier; The supplier already accepts this assignment.
If the buyer sells the reserved products together with other goods, the assignment of claims shall only apply in the amount of the part corresponding to the price agreed between the supplier and the buyer plus a safety margin of 10% of this price.
The buyer is revocably authorized to collect the claims assigned to the supplier in trust for the supplier in his own name. The Supplier may revoke this authorization and the right of resale if the Buyer is in default of essential obligations such as payment to the Supplier. In case of cancellation the supplier is authorized to collect the claims himself.
6. 4 The Buyer shall at any time provide the Supplier with any information requested concerning the Reserved Products or any claims assigned hereafter to the Supplier. The buyer must immediately notify the supplier of accesses or claims of third parties to reserved products, handing over the necessary documents. At the same time, the buyer will inform the third party of the supplier's reservation of title. The costs of defense against such access and claims shall be borne by the buyer,
6.5 The buyer is obliged to treat the reserved products carefully for the duration of the retention of title.
6.6 If the realizable value of the securities exceeds the total claims of the Supplier to be secured by more than 10%, the Buyer is entitled to demand release to that extent.
6. 7 If the buyer defaults on essential obligations such as payment to the supplier If the supplier withdraws from the contract, the supplier can, without prejudice to other rights, take back the reserved products and to satisfy any claims due against the buyer
otherwise, use. In this case, the buyer will grant the supplier or the agent of the supplier immediate access to the reserved products and issue them.
6.8 For deliveries to other jurisdictions in which the above retention of title regulation does not have the same security effect as in Germany, the buyer will do everything in his power to procure corresponding security rights to the supplier without delay. The Buyer will take part in all measures, such as registration, publication, etc., which are necessary and conducive to the effectiveness and enforceability of such security interests.
6.9 At the request of the supplier, the buyer is obliged to adequately secure the reserved products, to provide the supplier with the corresponding insurance certificate and to assign the claims from the insurance contract to the supplier.
7. Brands and advertising
7.1 The Buyer may not take any action that could jeopardize the trademarks or other intellectual property rights used by the Supplier with respect to the Deliverables; He may not authorize any third party to do so. In particular, the buyer may not obscure, in any way modify or remove, add to them or attach any other features to any of the trademarks and/or other distinctive features that are part of the supplier's items embossed or affixed to them
; Nor may he authorize any third party to do so.
7.2 The entire promotional, advertising and sales material (the "Promotional Material") provided by the Supplier remains the property of the Supplier. The Buyer may only use this promotional material in accordance with the Supplier's instructions regarding the sale of the Deliverables and must not use any other person Approve the use of the advertising material.
7.3 Furthermore, the buyer may only advertise the delivery items and use the advertising material and the brands of the supplier for these purposes, if the express prior written consent of the supplier is available. This applies in particular to advertising on the Internet. The supplier may, however, withdraw his consent at any time; in this case, the buyer's entire advertisement is to be terminated at the expense of the buyer according to the instructions of the supplier. Regardless of the Approval Suppliers, the Buyer will, in any event, be responsible for ensuring that all Advertising or Advertisement complies with any legal requirements and does not infringe any third party intellectual property rights.
8. Quality, rights of the buyer in case of defects, obligation to examine
8.1 The delivery item has the agreed quality at the time of transfer of risk; it is based exclusively on the concrete written agreements between the parties regarding the characteristics, characteristics and performance characteristics of the delivery item. The delivery items are sold to the buyer in particular according to the current technical product data at the time of the conclusion of the contract. Possibly shown sample samples are to be treated as an approximate representation of the technical data.
8.2 Information in the catalog, price lists and other information material provided to the buyer by the supplier is in no way to be understood as guarantees for a special quality of the delivery item; Such guarantees of quality must be expressly agreed in writing.
8.3 Buyer's rights in the event of defects in the delivery item require that he inspects the delivery item after delivery and notifies the supplier in writing of any defects immediately, but no later than two weeks after delivery; hidden defects must be reported in writing to the supplier immediately after their discovery.
8.4 In the event of any claim for defects, the supplier has the right to inspect and inspect the object of delivery objected to. For this, the buyer will grant the supplier the necessary time and opportunity. The supplier may also request from the buyer that he returns the object of the complaint to the supplier at the supplier's expense. If a notice of defect of the buyer proves to be unjustified and this was objectively recognizable for the buyer, he shall be liable to the supplier for the reimbursement of all expenses incurred in this connection - e.g. Shipping costs - required.
8.5 Defects will be remedied by the Supplier at its discretion by repairing the defect free of charge for the Buyer or substitute delivery of a defect-free item (collectively "supplementary performance").
8.6 The buyer will grant the supplier the appropriate time and opportunity for subsequent performance.
- Buyer's rights for defects are void in the case of natural wear or if defects occur for reasons caused by the buyer, e.g. through unsuitable or improper use, faulty assembly, faulty commissioning, faulty handling or faulty storage or implementation of inappropriate repair measures by the buyer, provided that the defects are not the fault of the supplier.
8.9 The Supplier shall bear the material, shipping, labor and other expenses incurred for the purpose of supplementary performance unless the Purchaser has to bear these costs in exceptional cases in accordance with clause 8.4 last sentence.
8.10 If the subsequent performance fails, if it is unreasonable for the buyer or if the supplier has refused it pursuant to § 439 para. 3 BGB (eg due to disproportionate costs), then the buyer may (i) rescind the purchase contract according to the statutory provisions or reduce the purchase price and (ii) claim damages in accordance with clause 9 or the reimbursement of his or her futile expenses.
8.11 The limitation period for the rights of the buyer due to defects is, if the buyer is an entrepreneur according to § 14 BGB, 12 months from receipt of the delivery by the buyer. The statute of limitations of § 479 BGB remains unaffected. For claims for damages of the buyer for other reasons than defects in the delivery item as well as with regard to the rights of the buyer in the case of argalis tig secretive or intentionally caused defects, it remains at the statutory limitation period. Furthermore, the preceding abbreviation of the statute of limitations does not apply insofar as the law stipulates longer periods in accordance with § 438 (1) No. 2 BGB or § 634a (1) No. 2 BGB or in cases of mandatory liability in accordance with Number 9.4.
8.12 If the subsequent performance fails and the Buyer does not make it clear within a reasonable period of time whether he exercises the remedies pursuant to Number 8.10 or if he continues to insist on fulfillment / subsequent performance, the Supplier may set a reasonable deadline for the corresponding declaration. After unsuccessful expiration of this period, fulfillment or supplementary performance is excluded.
- Compensation and limitation of liability/exclusion
9.1 Subject to the provisions of the following paragraphs, the legal liability of the supplier for damages, regardless of the legal grounds, is excluded.
9.2 The amount of the supplier's liability shall be limited to the typically foreseeable damage at the time of conclusion of the contract for the slightly negligent breach of essential duties (essential are contractual obligations that characterize the respective contract, facilitate its proper execution and are trusted and trusted by the buyer on a regular basis may) from the debt relationship.
9.3 The supplier is not liable for the slightly negligent violation of minor duties arising from the contractual relationship.
9.4 The above-mentioned limitations/exclusions of liability do not apply if intentional or grossly negligent conduct by the Supplier or a vicarious agent is the basis for the claim for damages; if damage culpably caused by the supplier or a vicarious agent is due to injury to the body, life or health; and in view of the legally binding liability, in particular under the German Product Liability Act, and in the case of guarantee commitments by the supplier; if the supplier or a vicarious agent negligently violates a material contractual obligation; In the latter case, however, the liability of the supplier is limited to the amount of the damage, which is foreseeable and typical for the contract upon conclusion of the contract.
9.5 The buyer is obliged to take appropriate measures to prevent and reduce damage.
9.6 The above limitations/exclusions of liability do not imply a change in the burden of proof to the detriment of the Buyer.
20.1 Amendments and additions to the purchase contract and/or these terms of delivery as well as ancillary agreements must be made in writing. This also applies to a modification of this requirement for the written form.
10.1 If a provision of the purchase contract and/or these conditions of sale is wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
10.2 For all services from the contractual relationship, the place of fulfillment for both parties is the registered office of the supplier.
10.3 If the purchaser is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Darmstadt or the court responsible for the purchaser under the statutory provisions, if and insofar as the law so stipulates does not necessarily prescribe a divergent exclusive place of jurisdiction.
10.4 The law of the Federal Republic applies