Terms and Conditions

Terms and Conditions

The following terms and conditions govern purchase contracts concluded via this online shop between BBE Bamberg + Bormann-Electronic GmbH, Wiebelsheidestr. 45, 59757 Arnsberg, Germany, and the respective buyer.

§ 1 Scope of Application, Definitions

  1. The following Terms and Conditions shall apply to the business relationship between the webshop seller (hereinafter referred to as the “Seller”) and the buyer (hereinafter referred to as the “Customer”) in the version valid at the time the order is placed. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.

  2. A “Consumer” is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity, pursuant to Section 13 of the German Civil Code (BGB). An “Entrepreneur” is any natural or legal person or legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, pursuant to Section 14 BGB.

§ 2 Conclusion of Contract

Where reference is made to goods below, this shall also include – where offered – digital products (digital content or digital services) as well as goods with digital elements.

  1. The presentation of goods in the online shop does not constitute a legally binding offer, but merely an invitation to the Customer to submit an offer.

    The Customer may select goods from the Seller’s range and collect them in a so-called shopping cart by clicking the corresponding button. By clicking the button required to complete the purchase, the Customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer may review and modify the entered data at any time. The Customer may return to the page on which their data were entered at any time before submitting a binding order by using the browser’s “Back” button and correct any input errors there. The ordering process may be canceled by closing the browser. The offer can only be submitted and transmitted if the Customer accepts these Terms and Conditions and thereby includes them in their offer.

  2. The Seller shall then send the Customer an automatic order confirmation by email, listing the Customer’s order again and allowing the Customer to print it using the “Print” function. This automatic confirmation merely documents receipt of the order by the Seller and does not constitute acceptance of the offer. The contract is only concluded upon the Seller’s declaration of acceptance, which is sent in a separate email (order confirmation).

    If the Customer has selected a payment method with immediate payment (such as PayPal / PayPal Plus / PayPal Express, Amazon Payments, or instant bank transfer), the contract is concluded at the time the Customer confirms the payment instruction.

    If the Customer has selected advance payment, the contract is concluded as soon as the Customer receives a payment request with the relevant bank details before the Seller’s declaration of acceptance. With this payment request, we accept your offer.

  3. The contract text and any applicable warranty conditions shall be sent to the Customer by email (order confirmation) or in a separate email, but no later than upon delivery of the goods, on a durable medium (email or paper printout). The contract text is stored in compliance with data protection regulations. The current Terms and Conditions may be viewed at any time at
    https://www.bbe-gmbh.com/agbs
    Previous orders can be viewed in the Customer account at
    https://www.bbe-gmbh.com/mein-konto

§ 3 Manufacture of Goods According to Customer Specifications

§ 3 does not apply.

§ 4 Commencement of Delivery Period, Delivery, Provision of Digital Content

  1. In the case of advance payment, the delivery period shall commence on the day following the payment order to the transferring credit institution; for other payment methods, on the day following the conclusion of the contract. It shall end at the expiration of the last day of the delivery period. If the last day falls on a Saturday, Sunday, or a public holiday recognized at the place of delivery, the next business day shall take its place.

  2. Delivery shall be made to the delivery address specified by the Customer.

For Consumers:
3a. If delivery to the Customer was not possible and the transport company returns the ordered goods to the Seller, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance that led to the failed delivery or if the Customer was temporarily prevented from accepting the delivery, unless the Seller had announced the delivery to the Customer within a reasonable period in advance.

For Entrepreneurs:
3b. If delivery to the Customer was not possible and the transport company returns the ordered goods to the Seller, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance that led to the failed delivery or if the Customer was temporarily prevented from accepting the delivery, unless the Seller had announced the delivery to the Customer within a reasonable period in advance.

§ 5 Retention of Title

The delivered goods shall remain the property of the Seller until full payment has been made.

§ 6 Prices and Shipping Costs

  1. The prices stated on the Seller’s website are exclusive or inclusive of the applicable statutory value-added tax (VAT), as indicated.

  2. Any shipping and delivery costs incurred shall be displayed during the ordering process and shall be borne by the Customer unless stated otherwise.

For Consumers:
3a. The goods shall be shipped by a transport company commissioned by the Seller. The shipping risk shall be borne by the Seller.

For Entrepreneurs:
3b. The goods shall be shipped by a transport company commissioned by the Seller. The risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier, or any other person or institution designated to carry out the shipment.

  1. In the event of shipment to a country outside the European Union, additional costs such as customs duties or taxes may be incurred. These costs shall be borne by the Customer and shall not be paid to the Seller but directly to the responsible authority. This also applies to the return of goods in the event of a withdrawal.

§ 7 Payment Terms

  1. During the ordering process, the available payment options shall be displayed to the Customer. These may include, for example, advance payment, credit card payment, or the use of payment service providers such as PayPal, Klarna, or Amazon Pay. Further information will be provided during the ordering process. The Seller may determine the available payment options at its own discretion.

  2. The purchase price shall be due immediately upon conclusion of the contract unless a later due date has been agreed between the parties. If the payment due date is determined by the calendar, the Customer shall be in default upon failure to meet the deadline.

For Consumers:
2a. Clause 2 shall apply only if the Customer has been specifically informed of this legal consequence in the invoice or payment statement. In the event of default, the Customer shall pay default interest in the amount of five (5) percentage points above the respective base interest rate.

For Entrepreneurs:
2b. In the event of default, the Customer shall pay default interest in the amount of nine (9) percentage points above the base interest rate.

  1. The Customer’s obligation to pay default interest shall not exclude the Seller’s right to claim further damages caused by default.

§ 8 Warranty for Defects, Guarantee

  1. Statutory warranty rights apply to all goods from the Seller’s shop. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

  2. With respect to Entrepreneurs, the warranty period for newly manufactured goods delivered by the Seller shall be twelve (12) months from the transfer of risk. The limitation periods for the Seller’s right of recourse pursuant to Section 445a BGB shall remain unaffected.

  3. If a guarantee applies to individual items, this shall be expressly stated in the product description. The details shall be governed by the respective guarantee conditions.

§ 9 Liability

  1. Claims by the Customer for damages are excluded. This shall not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), or to liability for other damages based on intentional or grossly negligent breaches of duty by the Seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

  2. In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract, provided that such damage was caused by simple negligence, unless the claim involves injury to life, body, or health.

  3. The limitations set out in paragraphs 1 and 2 shall also apply in favor of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.

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

§ 10 Right of Withdrawal

If the Customer is a Consumer, they shall be entitled to a statutory right of withdrawal. Further information on the right of withdrawal can be found in the withdrawal instructions.

§ 11 Information on Data Processing

The protection of personal data is particularly important to us. Our detailed privacy policy can be found separately on our website.

§ 12 Code of Conduct

The Seller has submitted to the inspection criteria of Geprüfter Webshop, which are available online at:
https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf

§ 13 Dispute Resolution (Consumers Only)

The European Commission has established an online platform for dispute resolution. This platform serves as a point of contact for the out-of-court resolution of disputes arising from contractual obligations under online purchase contracts. Further information is available at:
http://ec.europa.eu/consumers/odr

The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final Provisions

  1. The laws of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For orders placed by Consumers from abroad, mandatory statutory provisions or judicially granted protections of the Customer’s country of residence shall remain applicable.

  2. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the Seller’s registered office.

  3. The contract language shall be German.

These Terms and Conditions were created by
www.gepruefter-webshop.de
and are regularly reviewed for legal compliance.