§ 1 Basic Provisions
The following terms and conditions apply to all contracts between BOTECH Group GmbH, Im Technologiepark 1, 15236 Frankfurt ( Oder), Germany - hereinafter referred to as provider - and the customer, which on the website http://www.botech-shop.de /
's services are closed. Unless otherwise agreed, the inclusion of the customer's own terms is contradicted.
(2) Consumer within the meaning of the following rules shall mean any natural person who enters into a legal transaction for a purpose that can not be attributed neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, who concludes a legal transaction in the exercise of their professional or commercial activity.
(3) The contract language is German. The full text of the contract is not saved by the provider. Before submitting the order via the on - line shopping cart system the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order offered by the ordering information, the information required by law in distance contracts and the terms and conditions will be sent to the customer again by e -mail.
For quotation requests , which are by phone , sent by email , by fax or in writing to the vendor , the customer receives all contract data sent by email within a binding offer , which can print or save the customer electronically.
§ 2 Subject matter
Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and additional information on the website of the provider.
§ 3 Conclusion of the Contract
(1) The product representations of the provider on the Internet are not binding and no binding offer to conclude a contract.
(2) The customer may make a binding offer to purchase (order) using the online shopping cart system.
The purchase of goods intended to be stored in the "basket ". The customer via the appropriate button in the navigation bar to call the "shopping cart " and then make changes at any time. After calling the page " Checkout " and entering your personal details and payment and shipping terms, all order data will be displayed on the order summary page finally again. Before submitting the order , the customer has the opportunity here to check all the details again to change (even using the " back " of the Internet browser) or cancel the purchase. By clicking the "Buy" button, enter a binding order of the basket of goods included from. confirmation of the receipt of your order along with the acceptance of the order immediately after sending automated e-mail. Use this e- mail confirmation of the purchase contract has been concluded.
(3) Requests the customer to purchase goods or for individual quotations outside the line - shopping cart application that will call, sent by email, by fax or in writing to the provider, are not binding for the customer. The provider shall submit to the customers this a binding offer in writing (eg by email), which can accept within 5 days of the customer.
(4) The processing of the order and submission of all information required in connection with the contract shall be partially automated by e -mail. The customer must, therefore, ensure that the instrument deposited by him offered e-mail address is correct, the receipt of the e -mails technically assured and is particularly not prevented by SPAM filters.
§ 4 Prices, Shipping Costs
(1) References in the respective offers prices and shipping costs are final; they include all price components, including all applicable taxes.
If the delivery takes place in the non -EU countries, additional duties, taxes or fees to be paid by the customer, not the seller, but to the competent customs and tax authorities. The customer is advised to check the details before the order to the customs and tax authorities.
(2) The shipping costs are not included in the purchase price. You are on the page "Shipping and payment " callable, are reported separately during the order process and have to be paid additionally by the customer, unless the shipping costs is confirmed.
(3) The customer receives an invoice including VAT.
§ 5 Payment and shipping terms
(1) The conditions for payment and shipping can be found under the same button in the navigation.
(2) Unless otherwise specified in the individual methods of payment, the payment of claims from the completed contract immediately due for payment.
(3) If the ordered product the customer contrary to expectations not available, despite prompt conclusion of an adequate hedging transaction from one of the suppliers for reasons beyond the customer will be informed immediately of the unavailability and refunded in case of withdrawal payments already made immediately.
(4) For consumers is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured occurs.
For entrepreneurs, the supply and shipment is done at its own risk.
§ 6 Return costs when exercising the right of withdrawal
In the event of the exercise of the applicable consumer statutory cancellation rights apply to distance contracts is agreed that the customer has to bear the cost of returning the goods if the price of the returned goods does not exceed an amount of 40 euros or if at a higher price the thing customer has the consideration or a contractually agreed partial payment at the time of the revocation not yet rendered, unless the delivered goods do not comply with the order. In all other cases the supplier bear the cost of returning the goods.
§ 7 Retention, Retention of Title
A right of retention, the customer can only exercise if it comes to claims from the same contractual relationship.
(2) The goods until full payment of the purchase price of the provider.
(3) If the customer is a company, the following also applies:
a) The seller retains title to the goods until full payment of all claims from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he assigns all claims to the amount of the invoice amount accruing to him from the resale to which the assignment accepting from suppliers. The customer is also authorized to collect the debt. As far as he fulfills his payment obligations properly, the Provider reserves the right, however, to collect the claim itself.
c) When connecting and mixing of the goods the supplier acquires joint ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider is obliged to release the securities he is entitled on request of the customer insofar as the realizable value of the securities of the provider exceeds the secured claims by more than 10%. The selection of the securities to be released is up to the provider.
§ 8 Warranty
(1) The applicable legal regulations.
(2) As a consumer is asked to examine the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the carrier as soon as possible notify complaints by the customer. If the Customer does not comply, this has no effect on the statutory warranty claims.
(3) If the customer is an entrepreneur, notwithstanding paragraph 1:
a) Apply condition of the goods only their own information by the provider and the manufacturer's product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
b) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods the seller in writing, the deadline extends the time limit. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects of the provider shall, at its option by repair or replacement. If the repair fails twice, the customer may request a reduction or withdraw from the contract after his election. In case of repair, the provider does not have to bear the increased costs incurred by the shipment of the goods at a place other than the place of performance, provided that the shipment does not match the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to the seller attributable culpably caused damage arising from injury to life, body or health, and grossly negligently or intentionally caused damage or malice of the provider, as well as recourse under § § 478, 479 BGB.
§ 9 Liability
(1) The provider shall be liable in each case without limitation for damages resulting from injury to life, body or health, for in all cases of intent and gross negligence, fraudulent concealment of a defect, warranty coverage for the condition of the purchased item, damage the Product Liability Act and in all other cases established by law.
(2) If material contractual obligations are concerned, the liability of the provider for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the seller imposes the contract according to its content for purpose of the contract, which makes the proper execution of the contract possible in the first may go on and on which the customer rely.
(3) The liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and/or available at all times at the current state of the art. The provider is liable to the extent either for the continuous still uninterrupted availability of the Website and the services offered there.
§ 10 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not deprived (favourability).
(2) Place of performance for all obligations of the business as well as existing jurisdiction with the seller is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention specifically does not apply.
These Terms and Conditions were created by the specialized on IT law jurists of the dealers Federal and be permanently checked for legal compliance. The Dealers Association Management AG guarantees the legal security of texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service