General Terms and Conditions Beck & Co. Industriebedarf GmbH & Co. KG
1 Scope and provider
(1) These eSHOP GTC apply to all agreements between Beck & Co. Industriebedarf GmbH & Co. KG, represented by the personally liable shareholder Bahners GmbH, represented by the managing director Holger Leitheiser,Wulfshofstraße 14, 44149 Dortmund, phone: +49 (0)231 9995372-0, fax: +49 (0)231 9995372-40, e-mail: firstname.lastname@example.org (hereinafter referred to as: Seller) and the Buyer via the Seller’s online shop at shop-beckco-werkzeuge. de. customer’s deviating terms and conditions shall not be recognised unless the Seller expressly agrees to their validity.
(2) Buyers within the meaning of these eSHOP GTC are both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). In accordance with § 13 BGB (German Civil Code), the consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity. In accordance with § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
(3) The Seller only concludes contracts with buyers who have their domicile and/or registered office in Germany. Delivery is only made within the Federal Republic of Germany. There is no sale and/or delivery abroad.
2 Conclusion of contract in the Onlineshop under shop-beckco-werkzeuge. de
(1) The product descriptions in the shop do not represent legally binding offers. Rather, this is a request to the buyer to submit a binding offer by placing an order.
(2) Offer submission in the online shop at shop-beckco-werkzeuge. de
(3) The Seller shall be entitled to accept an order received from the Buyer within two days of its receipt. The purchase contract between the seller and the buyer is only concluded upon acceptance of the seller’s offer.
(4) If the Seller’s order confirmation should contain typographical or printing errors, or if the price specifications are based on technical transmission errors, the Seller shall be entitled to challenge the order, and the error shall be proved by the Seller. Payments already made will be refunded to the buyer immediately.
(5) The seller saves the contract text after conclusion of the contract and sends the buyer the order data and these eSHOP terms and conditions by e-mail. In addition, the buyer can also request the eSHOP terms and conditions at any time.
on the seller’s website. The buyer can view past orders in the customer login area of the seller, provided that he has registered with the seller and set up a customer account.
(1) The prices stated on the article pages of the online shop are displayed with and without statutory value added tax and include other price components. In addition, the statutory value-added tax is always shown separately. The prices are, however, plus delivery and shipping costs, unless free of shipping and/or packaging costs.
4 Shipping costs
(1) The shipping costs as well as the type of delivery of the articles are shown to the buyer during the ordering process in the online shop.
(2) It is possible to collect the items at the seller’s place of business. There are no costs for delivery at the time of collection.
5 Terms of Delivery and Reservation of Self-Delivery
Items shall be delivered by standard parcel services or forwarding agents.
(2) Unless otherwise stated in the online shop, the delivery of the items shall be effected within five days. In case of deviating delivery times or unavailability, the seller will inform you on the respective article page in the online shop and/or in person.
(3) The period for delivery begins with payment in advance on the day following the issue of the payment order to the transferring bank, in the case of payment by invoice on the day of the seller’s acceptance of the offer and ends on the fifth day thereafter, unless a different delivery period is specified for the article. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day (Mon-Fri) shall replace such a day.
(4) If the item is not available because the seller is not supplied with this item by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will immediately inform the buyer and, if necessary, propose to him the delivery of a comparable item. If no comparable item is available or if the buyer does not wish to have a comparable item delivered, the seller will reimburse the buyer without delay for any consideration already paid.
(5) Delivery shall be effected by means of shipment to the delivery address indicated by the purchaser, provided that this address is located within the specified delivery areas.
Only applies to entrepreneurs:
(6) The commencement of the delivery period specified by the seller presupposes that all technical questions have been clarified.
(7) Compliance with the seller’s delivery obligation shall further require the timely and proper fulfilment of the buyer’s obligation. The defence of non-performance of the contract remains reserved.
(8) If the buyer is in default of acceptance or if he culpably violates other obligations to cooperate, the seller is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims or rights remain reserved.
(9) Insofar as the prerequisites of subsection (8) are met, the risk of accidental loss or accidental deterioration of the object of purchase shall pass to the purchaser at the time when he is in default of acceptance or default of payment.
(10) The Seller shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a firm deal within the meaning of Section 286 (2) No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). The Seller shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which he is responsible, the Buyer is entitled to assert that his interest in the further fulfilment of the contract has ceased to exist.
(11) The Seller shall also be liable in accordance with the statutory provisions insofar as the delay in delivery is due to an intentional or grossly negligent breach of contract for which the Seller is responsible; a fault of the Seller’s representatives or vicarious agents shall be attributable to the Seller. Insofar as the delay in delivery is due to a grossly negligent breach of contract for which the Seller is responsible, the Seller’s liability for damages shall be limited to the foreseeable, typically occurring damage.
(12) The Seller shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which he is responsible is due to the culpable breach of an essential contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
6 Terms of Payment
(1) Prior to the beginning of the order process, the buyer will be informed separately in the online shop about the means of payment which are generally accepted in the online shop. Payment shall be made by prepayment or, insofar as this method of payment is approved for the specific business transaction and buyer, optionally by invoice.
(2) In the case of the payment method invoice, the invoice is due and payable within 14 days after receipt of the invoice and delivery.
(3) When selecting the payment method prepayment, the seller shall inform the buyer of his bank details in the order confirmation. The invoice amount must then be paid within 14 days.
(4) In the event of default of payment, a buyer who is a consumer shall be obliged to pay interest on arrears to the seller in the amount of 5 percentage points above the base interest rate. In the case of commercial purchasers / entrepreneurs, sentence 1 shall apply with the proviso that the default interest rate is 9 percentage points above the base lending rate. The seller reserves the right to prove and assert a higher damage caused by delay.
7 Retention of title
For consumers applies:
(1) The goods remain the property of the seller until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the seller’s consent.
For entrepreneurs applies:
(2) The seller retains title to the purchased item until all payments arising from the delivery contract have been received. In the event of breach of contract by the buyer, in particular in the event of default of payment, the seller is entitled to take back the object of sale. The seller’s taking back of the purchased item shall constitute a withdrawal from the contract. After taking back the object of sale, the seller is entitled to sell the object of sale; the proceeds from the sale are to be set off against the buyer’s liabilities – less reasonable costs of sale.
(3) The purchaser is obliged to treat the object of sale with care; in particular, he is obliged to insure it at his own expense against damage caused by fire, water and theft at replacement value. Insofar as maintenance and inspection work is required, the buyer must carry out such work in good time at his own expense.
(4) In the event of seizures or other interventions by third parties, the Purchaser shall notify the Seller immediately in writing so that the Seller may bring an action in accordance with § 771 ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse the Seller for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the Buyer shall be liable for the loss incurred by the Seller.
(5) The Buyer shall be entitled to resell the object of sale in the ordinary course of business; however, he shall already now assign to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller’s claim which accrue to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The buyer remains authorised to collect this claim even after the assignment. The seller’s authority to collect the claim itself remains unaffected by this. However, the seller undertakes not to collect the claim as long as the buyer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, as long as no petition for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, the seller may demand that the buyer discloses to him the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and informs the debtors (third parties) of the assignment.
(6) Until complete payment of the purchase item by the buyer, the processing or transformation of the purchase item by the buyer always takes place on behalf of the seller. If the object of sale is processed with other objects not belonging to the seller, the seller acquires co-ownership of the new object in proportion to the value of the object of sale (final invoice amount, including VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the item created by processing as to the object of sale delivered under reservation of title.
(7) If the object of sale is inseparably mixed with other objects not belonging to the Seller, the Seller shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other mixed objects at the time of mixing until the Buyer has paid the object of sale in full. If the mixing is carried out in such a way that the buyer’s item is to be regarded as the main item, it is deemed to be agreed that the buyer shall transfer pro rata co-ownership to the seller. The buyer shall keep the resulting sole ownership or co-ownership for the seller.
(8) The buyer also assigns to the seller the claims to secure his claims against him, which accrue against a third party through the combination of the object of sale with a property.
(9) The Seller undertakes to release the securities to which he is entitled at the Buyer’s request insofar as the realisable value of the Seller’s securities exceeds the claims to be secured by more than 10 %; the choice of the securities to be released is the Seller’s responsibility.
8 Right of withdrawal for the consumer
As a consumer, you have the right of withdrawal.
You have the right to revoke this contract within fourteen days without giving any reasons. The period of revocation shall be fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods. In order to exercise your right of revocation, you must notify us of the following
Name: Beck & Co. Industriebedarf GmbH & Co. KG
Address: Wulfshofstraße 14, 44149 Dortmund
Phone number: +49 (0)231 999 5372-0
Fax number: +49 (0)231 999 5372-40
E-mail address: email@example.com
by means of a clear declaration (e. g. a letter, fax, e-mail or telephone) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will refund to you immediately all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must deliver the goods without delay and in any case at the latest within fourteen days of the day on which you inform us of the revocation of this contract to
Name: Beck & Co. Industriebedarf GmbH & Co. KG
Address: Wulfshofstraße 14, 44149 Dortmund
to be returned or transferred. The deadline is respected if you send the goods before the expiry of the 14-day deadline. We shall bear the costs of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
——————-End of the cancellation instruction———————————–.
9 Transport damage
For consumers applies:
(1) If articles with obvious transport damages are delivered, the buyer is asked to complain about such damages immediately to the deliverer and to contact the seller as soon as possible under the phone number +49 (0)2166-98600 or by e-mail under firstname.lastname@example.org The buyer is not obliged to do so.
(2) Failure to make a complaint or contact shall have no consequences for the purchaser’s statutory warranty rights. However, the buyer helps the seller to assert his claims against the carrier or the transport security.
10 Warranty and liability
(1) The warranty/liability for defects shall be governed by the statutory provisions.
Only applies to entrepreneurs:
(2) Warranty claims of the entrepreneur as buyer presuppose that he has properly fulfilled his obligations to inspect and complain in accordance with § 377 HGB (German Commercial Code).
11 Dimensions, weights and quantities
Only applies to entrepreneurs:
Dimensions and weights stated by the seller are subject to the customary tolerances.
12 Property rights
If goods are manufactured and delivered in a design specified by the buyer (according to drawings, samples or other specific information), he warrants that the rights of third parties, in particular patents, utility models and other industrial property rights and copyrights, are not infringed. The buyer is obliged to indemnify the seller from any claims of third parties that may arise from such an infringement. Drawings, samples, etc. supplied by the Seller must be carefully stored and remain the property of the Seller unless immediate return is requested.
13 Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Art. 36 VSBG:
The European Commission provides an online dispute resolution platform (OS) which you can find at http://ec.europa.eu/consumers/odr/ We are not prepared or obliged to participate in a dispute settlement procedure before a consumer arbitration board.
14 Final Provisions – Place of Jurisdiction
(1) If a single provision of these General Terms and Conditions of Business should be ineffective, the other provisions shall remain effective.
(2) The language of the contract is German.
(3) If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or on the basis of this contract shall be the registered office of the seller.
Status: January 2020
Sample – revocation form
If you wish to revoke the contract, please fill in this form and send it back to us:
Beck & Co. Industriebedarf GmbH & Co. KG,
Fax: +49 (0)231 999 5372-40
I/we* hereby revoke the contract for the purchase of the following goods/services* concluded by me/us*:__________________________________________________________________________________________________________________________________________________________________
Ordered on/received on*: ____________________________________________________________
Name of the consumer(s)*:________________________________________________________
Address of the consumer(s)*:______________________________________________________________________________________________________________________________________________
Date Signature of the consumer (s)