Terms and Conditions
General Terms and Conditions (GTC)
of Baminger GmbH, Schölmlahn 18, 4712 Michaelnbach, Austria (hereinafter "Baminger" or "we"), as of: 22.05.2026.
These GTC consist of a general section and a Part A (transactions with consumers) and a Part B (transactions with businesses). Which part applies depends on your status as a consumer (B2C) or entrepreneur (B2B) within the meaning of the Consumer Protection Act (KSchG) or the Austrian Commercial Code (UGB).
0. Generally Applicable Provisions
0.1 Scope
These GTC apply to all orders placed via our online shop lkw-baminger.at or by e-mail, telephone, or in writing to Baminger. The sole contractual partner is Baminger GmbH. Deviating terms and conditions of the customer are not recognised unless we have expressly agreed to them in writing. The online shop is directed at consumers and businesses in Austria, Germany, Switzerland, and other EU member states. Deliveries to other countries are only possible by individual arrangement.
0.2 Formation of Contract
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. By clicking the button "Order with obligation to pay" you submit a binding order. The contract is concluded upon our order confirmation by e-mail or at the latest upon dispatch of the goods. For orders by e-mail (in particular Swiss orders), the contract is concluded upon our written order confirmation.
0.3 Products and Custom Manufacturing
All seat covers are individually manufactured for the respective vehicle in our production facility in northern Italy in accordance with the specifications provided by the customer (vehicle make, model, year of manufacture, seat configuration, optional logo embroidery). These are therefore goods manufactured according to customer specifications or clearly tailored to personal requirements. Standard floor mats without individual embroidery, by contrast, are stocked in standard sizes and do not qualify as custom-made items.
Minor production-related deviations in colour and material compared to the images in the shop are possible and do not constitute a defect. Fabric variations from natural materials and minimal dimensional tolerances are customary in the industry and permissible.
0.4 Prices, Shipping Costs, and Payment Methods
All prices stated in the B2C area are in euros inclusive of the statutory value added tax. In the B2B area, prices are shown net plus value added tax. For Swiss customers, prices apply in CHF inclusive of import processing and customs clearance.
Shipping costs: EUR 15.– per parcel (up to 20 covers) within most EU countries; for Scandinavia, islands, and remote areas EUR 21.– per parcel; further details on our shipping page. Shipping costs to Switzerland: included at a flat rate in the CHF prices stated there.
The following payment methods are available depending on the market: credit card (Visa, Mastercard), Apple Pay, Google Pay, PayPal, Klarna (invoice/instalment purchase), Klarna SOFORT bank transfer, EPS, Amazon Pay, and bank transfer (advance payment). When selecting Klarna, the additional GTC and privacy notices of Klarna at klarna.com/at/agb apply; for "invoice" or "instalment purchase", Klarna carries out a credit assessment. In the case of bank transfer (advance payment), production commences upon receipt of payment.
0.5 Delivery
Standard delivery time for custom-made items without logo embroidery: 2–3 weeks from order confirmation; with logo embroidery 3–4 weeks. For larger quantities (from 20 items), the delivery time may extend to 3–4 weeks, or up to 5 weeks with logo embroidery. Deliveries to Switzerland: approx. 3 weeks including import processing. Should delivery be delayed, we will notify you promptly by e-mail. Partial deliveries are permissible if they are reasonable for the customer.
Delivery is made by our shipping service providers (GLS, alternatively BRT/DPD; DHL for Switzerland) to the delivery address provided by the customer.
0.6 Retention of Title
The delivered goods remain the property of Baminger GmbH until full payment of all claims arising from the respective contract. In the B2B area, the provisions agreed in Part B apply in addition.
0.7 Installation
Our seat covers are installed by the customer themselves. We provide written instructions as well as videos on our website. We accept no liability for damage caused by improper installation. In case of uncertainty, we recommend consulting a specialist workshop.
0.8 Data Protection
Information on the processing of personal data can be found in our Privacy Policy.
0.9 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
0.10 Severability Clause
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. Any invalid provision shall be replaced by the applicable statutory rule.
0.11 Contract Language and Authoritative Version
Contract languages are German, English, French, Italian, Spanish, Dutch, and Polish (in accordance with the languages offered on the website). In the event of discrepancies in interpretation, the German version shall prevail.
Part A — Transactions with Consumers (B2C)
A.1 Scope of Part A
Part A applies to all transactions between Baminger and consumers within the meaning of § 1 KSchG. A consumer is any person who concludes the contract for purposes outside their trade, business, or profession.
A.2 Essential Consumer Information
We fulfil all pre-contractual information obligations pursuant to §§ 4 et seq. FAGG (Distance and Off-Premises Contracts Act) through our product pages, the checkout process, and these GTC. The essential characteristics of the products are set out in the respective product description; the total price including taxes and shipping costs is clearly displayed before the order is placed.
A.3 Right of Withdrawal and Exceptions (§ 11 FAGG, § 18 FAGG)
General rule: Consumers have the right to withdraw from the contract within 14 days without giving any reason. The period begins on the day on which you or a third party designated by you (other than the carrier) takes possession of the goods. To exercise your right of withdrawal, you must inform us by means of an unambiguous declaration (e.g. by e-mail to info@lkw-baminger.at or by letter to our address stated at the top) of your decision to withdraw. You may use the model withdrawal form below for this purpose, though it is not mandatory. It is sufficient to send the notification before the deadline expires.
Exception for custom-made items (§ 18 para. 1 no. 3 FAGG): For seat covers that are individually manufactured according to your specifications (vehicle make, model, year of manufacture, seat configuration, and where applicable logo embroidery), there is no right of withdrawal. You acknowledge this notice by ticking the corresponding checkbox at checkout. This notice is also clearly displayed before the completion of the order on the respective product page.
Standard products without custom manufacturing (e.g. rubber floor mats in standard sizes without logo embroidery) are not excluded from the right of withdrawal. The 14-day right of withdrawal applies. In the event of withdrawal, we will reimburse the purchase price as well as any outbound delivery costs up to the amount of the least expensive standard delivery we offer, without undue delay and no later than 14 days after receipt of your withdrawal notice. The cost of return shipping is borne by you.
Model withdrawal form: To: Baminger GmbH, Schölmlahn 18, 4712 Michaelnbach, E-Mail: info@lkw-baminger.at — I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods ____ / the provision of the following service ____ — Ordered on ____ / received on ____ — Name of consumer(s) ____ — Address of consumer(s) ____ — Signature (only if notice is given on paper) ____ — Date ____
A.4 Prices (B2C)
All prices for consumers are in euros inclusive of the statutory Austrian value added tax and exclusive of shipping costs. Shipping costs are shown separately before completion of the order. For advertised price reductions, we state the lowest price of the last 30 days as the crossed-out price (§ 9a Price Labelling Act).
A.5 Delivery and Passing of Risk (B2C)
We dispatch your order with GLS or a comparable parcel service, and with DHL for Switzerland. The risk of accidental loss or deterioration of the goods passes to you as a consumer only upon handover (§ 7b KSchG). Please notify us of any visible transport damage within 7 days in writing to info@lkw-baminger.at; this serves solely to facilitate prompt processing with the shipping service provider and does not affect your statutory rights.
A.6 Statutory Warranty (B2C)
The statutory provisions of the Consumer Warranty Act (VGG) as well as the supplementary provisions of §§ 922 et seq. ABGB apply. The warranty period is 2 years from delivery of the goods. Within the first year from delivery, it is presumed that a detected defect already existed at the time of delivery (§ 11 VGG).
In the event of warranty claims, we shall first, in accordance with the statutory requirements, remedy the defect or supply replacement goods (§§ 12 et seq. VGG). Only if both are impossible, involve significant inconvenience, or have failed may you demand a price reduction or cancellation of the contract. We kindly ask you to send clear photographs of the reported defect to info@lkw-baminger.at to expedite processing.
Normal wear and tear, improper use, and improper installation do not constitute defects.
A.7 Liability (B2C)
We are liable without limitation for damages arising from injury to life, body, or health, as well as in cases of intent or gross negligence. In cases of slight negligence, our liability is limited to breaches of material contractual obligations (cardinal obligations) and to the foreseeable damage typical for this type of contract. Liability under the Product Liability Act (PHG) remains unaffected.
A.8 Governing Law and Jurisdiction (B2C)
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EU member state, the mandatory consumer protection provisions of the law of their country of habitual residence apply in addition (Art. 6 Rome I Regulation). For legal proceedings against consumers, the place of domicile, habitual residence, or place of employment of the consumer is determinative (§ 14 KSchG).
Part B — Transactions with Businesses (B2B)
B.1 Scope of Part B
Part B applies exclusively to transactions between Baminger and entrepreneurs within the meaning of § 1 UGB, as well as to legal persons under public law and special funds under public law. The provisions of Part A do not apply to B2B transactions to the extent that Part B contains deviating or supplementary rules.
B.2 Formation of Contract and Ordering via the B2B Portal
Our offers in the B2B area are non-binding unless they are expressly designated as binding. The contract is concluded upon our order confirmation. For B2B orders placed via our dealer portal, you accept these GTC by actively ticking the corresponding checkbox before completing the order.
B.3 B2B Terms, Volume Discounts, and Cashback
B2B customers receive, following activation by Baminger, an account with net price display (excluding value added tax). Additional discounts are granted in accordance with our current terms (HAENDLER code, volume discounts from defined turnover thresholds, and where applicable annual cashback upon exceeding defined annual turnover figures). These terms are displayed individually in the B2B portal; they are granted on a voluntary basis and may be adjusted by Baminger at any time with prospective effect, provided no fixed term has been agreed.
B.4 Prices (B2B)
B2B prices are net in euros plus the applicable value added tax and, where applicable, shipping costs. For intra-Community supplies, invoicing is carried out tax-free against provision of a valid VAT identification number; verification is carried out via the VIES system.
B.5 Delivery and Passing of Risk (B2B)
Delivery is made "ex works" Michaelnbach or from the production site in northern Italy (EXW/FCA in accordance with Incoterms 2020), unless otherwise expressly agreed. The risk of accidental loss or deterioration of the goods passes to the buyer upon handover to the carrier (§ 429 ABGB, § 374 UGB). Visible transport damage must be reported in writing to the carrier and to Baminger within 24 hours. Any agreement on carriage-paid delivery does not affect this passing of risk.
B.6 Payment Terms, Default, and Reminder Fees (B2B)
B2B invoices are due for payment without deduction within 14 days of the invoice date, unless otherwise expressly agreed. In the event of default, the buyer owes default interest at a rate of 9.2 percentage points above the base rate of the OeNB (§ 456 UGB). Baminger is additionally entitled to charge a flat-rate fee of EUR 40.– pursuant to § 458 UGB as well as any actually incurred and necessary collection costs (reminder fees, debt collection costs, legal fees). In commercial transactions, default occurs without a separate reminder from the due date (§ 907a UGB).
B.7 Set-Off and Right of Retention (B2B)
Set-off against counterclaims of the buyer is excluded, except for counterclaims that are undisputed or have been established by final judgment. The buyer's right of retention is limited to claims arising from the same contractual relationship.
B.8 Extended Retention of Title (B2B)
The delivered goods remain the property of Baminger GmbH until full payment of all claims arising from the entire business relationship (extended retention of title). Resale in the ordinary course of business is permitted; the buyer hereby assigns to Baminger all claims arising from such resale, together with ancillary rights. Baminger accepts this assignment. The buyer is authorised until further notice to collect the assigned claims in its own name; in the event of default, Baminger is entitled to disclose the assignment and collect the claims itself.
B.9 Warranty and Duty to Inspect and Give Notice (B2B)
In the B2B area, the warranty period is 12 months from delivery. The provisions of §§ 922 et seq. ABGB and § 377 UGB apply: the buyer must inspect the goods promptly upon delivery and must notify Baminger in writing of any detected defects within 8 working days, and of any hidden defects within 8 working days of their discovery. Failure to give timely notice of defects shall be deemed acceptance of the goods.
In the event of a justified defect, we shall, at our discretion, remedy the defect or supply replacement goods. If remediation fails twice, the buyer may demand a price reduction or cancellation of the contract. Any further liability — in particular for loss of profit, consequential damages, or financial losses — is excluded to the extent permitted by law.
For B2B orders with logo embroidery or other customer-specified special versions, the buyer is obliged to provide express approval (proof confirmation) in advance. Upon approval, the buyer assumes responsibility for content, dimensions, and placement. Claims based on an approved specification are excluded.
B.10 Liability (B2B)
Baminger's liability in the B2B area is unlimited only in cases of intent and gross negligence. In cases of slight negligence, we are liable exclusively for the breach of material contractual obligations (cardinal obligations); in such cases, our liability is limited in amount to the foreseeable damage typical for this type of contract, and in any event to the order value of the specific delivery concerned. Liability for loss of profit, indirect damages, and consequential damages in cases of slight negligence is excluded to the extent permitted by law. Liability under the Product Liability Act remains unaffected; recourse liability pursuant to § 12 PHG is excluded in the B2B area to the extent permitted by law.
B.11 Governing Law, Jurisdiction, and Place of Performance (B2B)
Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance for all obligations arising from the contract is 4712 Michaelnbach. The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the court of competent subject-matter jurisdiction in 4600 Wels. Baminger is entitled to also bring proceedings against the buyer before the buyer's general court of jurisdiction.
B.12 Contract Language, Written Form Requirement (B2B)
The contract language is German; in the event of discrepancies in interpretation between multilingual contract documents, the German version shall prevail. Amendments and supplements to this contract require text form (e-mail suffices). No oral collateral agreements exist.
Part C — Special Provisions for Deliveries to Switzerland
C.1 Order Processing for Switzerland
Orders from Switzerland and Liechtenstein are not processed via the online shop checkout but are handled directly by e-mail to info@lkw-baminger.at. All mandatory pre-contractual information required under the FAGG will be provided to you in text form prior to conclusion of the contract; the contract is concluded upon our written order confirmation.
C.2 Importer and Customs Clearance
Deliveries to Switzerland are made via our logistics and import partner Rovertex S.r.l. (Italy), which handles the import process. The Swiss end customer is registered as importer in the customs import declaration. The Swiss import tax (value added tax) as well as any customs duties are already included in the final price ("delivered duty paid") — no additional costs arise at the Swiss border.
C.3 Tax Treatment
The delivery Baminger AT → Switzerland constitutes a tax-exempt export supply pursuant to § 6 para. 1 no. 1 in conjunction with § 7 UStG; the invoice is issued without Austrian value added tax.
C.4 Applicable Law (Switzerland)
For consumers habitually resident in Switzerland, the mandatory protective provisions of Swiss law of obligations (OR) apply. In all other respects, the provisions of this contract apply, supplemented by a duty to inspect and give notice pursuant to Art. 201 OR, also for consumers.
Part D — Contact
Baminger GmbH
Schölmlahn 18
4712 Michaelnbach, Österreich
E-Mail: info@lkw-baminger.at
Telefon: +43 7277 40001
FN: 670793 k, LG Wels
UID: ATU82974328