Terms of use

1. BayWa AG (“BayWa”) offers its business customers – non-business-consumers are excluded from use - ("customers") the possibility to contact BayWa AG via WhatsApp.

2. The use of BWS is free of charge and requires the availability of the WhatsApp app on the customer’s mobile device. The customer contacts BayWa via a telephone number (mobile or landline number). The telephone number may differ between the different sevices as offered to the customer. The customer can then use the BWS to receive a non-binding used agricultural machinery consultation and presentation by text, picture, video and sound.

3. The BWS is limited in content exclusively to a legally non-binding exchange of information, such as used agricultural machinery advice and presentation (customer communication). This customer communication is seen and answered exclusively by BayWa service employees. Neither contracts nor any legally binding declaration will be concluded, agreed, effected or exchanged via the BWS, in particular orders, complaints, unilateral legally binding declarations of intent such as cancellations, complaints, etc. are expressively excluded from the BWS and must be exchanged regularly via the conventional communication channels provided for this purpose (telephone, e-mail, fax, post, personally).  In particular, BayWa AG will not accept any orders or commissions via the BWS with regard to its range of goods and services. For this purpose, the customer must contact BayWa AG via one of the other communication channels (telephone, e-mail, fax, post, personally).

For all legally binding declarations and contracts BayWa’s General Terms and Conditions (Allgemeine Geschäftsbedingungen/AGB) shall apply (pl. cf. at https://www.baywa.de/shop/information/agb).

4. Via the BWS, BayWa AG expressly does not warrant or guarantee the advice of a specific employee. For this purpose the customer is still bound to the conventional communication channels provided for this purpose (telephone, e-mail, fax, post, personally).

5. The BWS can be switched off unilaterally by BayWa at any time, especially for technical reasons. The customer has no explicit right or title to use the BWS. BayWa will not be liable for any information provided via the BWS according to clause 3 of these terms of use.

6. The free of charge BWS can be used after an individual appointment.

7. When using the BWS the customer must refrain from communicating sensitive personal data. If a customer approaches BayWa via the BWS, this is done in his own responsibility according to the WhatsApp terms of use and WhatsApp data protection regulations which the customer accepted when installing the WhatsApp app on his mobile device. The availability of the WhatsApp service and its functionality are not within the sphere of influence and responsibility of BayWa. Neither is the type and extent of the use of the data transmitted via WhatsApp nor the place where WhatsApp stores and processes this data within the sphere of influence and responsibility of BayWa. This place may also be outside the EU, so that the European Data Protection Law may not apply.

8. These special terms of use for the BWS shall apply in addition to General Terms and Conditions (Allgemeine Geschäftsbedingungen/AGB) of BayWa and in addition to the Data Protection Declaration of BayWa. In case of contradictions, BayWa’s General Terms and Conditions and the Data Protection Declaration will take precedence over these special terms of use for the BayWa WhatsApp Service.