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General Business Terms and Conditions

General Business Terms and Conditions

1. General information, customer base, language

(1) All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter customers) via our online shop https://www.bordet.de/en/products/webshop, hereinafter the “online shop”, are subject to these general business terms and conditions.

(2) The product range in our online shop applies equally to both users and contractors. For the purposes of these general business terms and conditions, (i) a user is any natural person or individual who concludes the contract for a purpose that cannot be classed either as their commercial or their independent professional activity (§ 13 of the Civil Code – BGB), and (ii) a “contractor” is a natural or legal entity or a business partnership having legal capacity involved in the exercise of their commercial or independent professional activity on conclusion of the contract (§ 14 Para. 1 BGB).

(3) The customer’s business terms and conditions do not apply even if we do not separately reject their validity in an individual case.

(4) Contracts with the customer are concluded exclusively in German or English, irrespective of whether the customer places the order via the German-language or English-language page of the online shop. If the customer’s order is placed via our German-language website, then exclusively the German version of these general business terms and conditions applies accordingly. If the customer’s order is placed via our English-language website, then exclusively the English version of these general business terms and conditions applies.

2. Conclusion of Contract

(1) Our offers in the online shop are non-binding.

(2) By placing an order to purchase in the online shop, the customer enters into a binding agreement to purchase the relevant product. We can accept the offer up to the conclusion of the third working day following the day of the offer.

(3) Immediately after receiving the offer, we shall send the customer a confirmation of receipt of the offer, which however is not an acceptance of the offer. The offer is not considered to be accepted by us until we notify the customer (by email) of our acceptance or dispatch the goods. The sales contract with the customer comes into force only with our acceptance.

(4) Every customer who is a user is entitled to cancel the offer and return the goods according to the provisions of the particular cancellation and return instructions, which the customer will find on our website in connection with the order.

3. Prices and Payment

(1) Our prices include the legally applicable VAT, but not shipping costs. The customer is responsible for paying duties and similar taxes.

(2) Unless expressly agreed otherwise, we shall deliver only against prepayment (in the manner specified on the order form in the online shop), by payment on delivery (only within Germany) or by PayPal, in each case against an invoice.

(4) The customer has no offset rights or right of retention unless the counterclaim is undisputed or is legally effective.

4. Dispatch of Goods

(1) Deadlines and dates given by us for the dispatch of goods are always only approximate and accordingly may be exceeded by up to two working days. This does not apply if a specified dispatch date has been agreed.

(2) All delivery periods specified or otherwise agreed by us with the order begin, if payment is agreed by cash on delivery or on account, on the date the sales contract came into force.

(3) As regards the observance of the dispatch date, the date of the handing over of the goods by us to the dispatch contractor is decisive.

(4) Also, in so far as goods on the order form are notified as being “in stock”, we are entitled to sell these goods at any time if there is a note on the order form regarding the restricted availability of the goods.

In these cases, the dispatch takes place within the period agreed or specified by us, as long as there are sufficient stocks.

(5) If no delivery period is specified or otherwise agreed or if on account of the sale that is allowable according to Paragraph 4 we are no longer obliged to observe an agreed delivery period, a dispatch within three weeks from the start of the delivery period according to Paragraph 2 is considered as agreed.

(6) In the event that our supplier does not deliver to us in good time goods that are indicated as “not in stock” on the order form or that have been sold according to Paragraph 4, the delivery period decisive in each case according to item 4 is extended up to the delivery by our suppliers, plus a time period of three working days, but at most however by a period of three weeks, provided that we are not responsible for the delay in the delivery by our suppliers and have immediately reordered the goods.

(7) If the goods cannot be supplied for one of the reasons mentioned in Paragraph 6 or cannot be delivered in good time, we shall notify the customer immediately. If the goods are not available in the foreseeable time from our suppliers, we are entitled to withdraw from the purchase contract. In the case of a withdrawal we shall immediately reimburse the customer any payments made to us. The legal rights of the customer on account of delay in delivery are not affected by the preceding regulation, in which connection the customer can claim for damages only according to the special provision of Item 9 of these general business terms and conditions.

(8) We are entitled to make partial deliveries of products that are separately useable and included in an order, in which connection we shall pay the resultant additional shipping costs.

5. Dispatch, Insurance and Transfer of Risk

(1) Unless expressly agreed otherwise, we shall decide the appropriate manner of dispatch and the transport contractor according to our reasonable discretion.

(2) We are responsible only for the timely, orderly delivery of the goods to the transport contractor and are not responsible for delays caused by the transport contractor. A dispatch time given by us is therefore non-binding. In so far as we have carried out installation or assembly work at the customer’s site, we are however responsible for the timely execution of these works and handover to the customer at the contractually agreed date.

(3) If the customer is a user, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time when the goods were delivered to the customer or the customer is in default of acceptance. In all other cases the risk, in so far as we are liable only for the dispatch, is transferred to the customer upon the delivery of the goods to the transport company. If we have carried out installation and assembly work at the customer’s site, the danger is transferred however on completion of the work and the handover to the customer.

(4) We shall ensure the goods at our own expense against the normal transport risks.

6. Retention of Title

(1) We retain the right of ownership of the goods supplied by us until the full payment of the purchase price (including VAT and shipping costs) for the relevant goods.

(2) The customer is not entitled, unless previously agreed by us in writing, to sell goods supplied by us and still owned by us.

7. Warranty

(1) If the supplied goods are found to be defective, the customer can first of all ask us to rectify the defect or supply defect-free goods. If, however, the customer is a contractor, we can choose between rectifying the defect or supplying a defect-free item; this choice can take place only by notification in text form (also by fax or email) to the customer within three working days after receipt of the notification of the defect. We can refuse the type of rectification chosen by the purchaser if this is not possible at reasonable cost.

(2) If the rectification according to Item 7 (1) is unsuccessful or is unacceptable to the customer or we refuse the rectification, the customer is entitled in each case according to the provisions of the applicable law to withdraw from the sales contract, to ask for a reduction of the purchase price, or to claim for damages or compensation for their wasted efforts. The particular provisions of Item 9 of the general business terms and conditions also apply to claims made by the customer for compensation for damage.

(3) The warranty period is two years starting from delivery. The following applies only to contractors: the warranty period is one year starting from delivery.

(4) The following applies only to contractors: the customer has to examine the goods carefully immediately after consignment. The supplied goods are considered to have been accepted by the customer if a defect is not notified to us (i) in the case of obvious defects within five working days after delivery, or (ii) otherwise within five working days after discovery of the defect.

8. Liability

(1) Claims made by the customer for compensation are excluded. Exceptions to this are claims made by the customer for loss of life, personal injury, damage to health or violation of essential contract obligations (principal obligation) as well as liability for other damage caused by an intentional or grossly careless breach of duty of the supplier, his legal representative or vicarious agents. Essential contractual obligations are those whose execution is essential for achieving the object of the contract.

(2) With regard to the breach of essential contractual obligations, we are responsible only for foreseeable damage typical of the contract, if this was caused simply by negligence, unless the customer claims for damages resulting from a loss of life, personal injury or damage to health.

(3) The restrictions of Paragraphs 1 and 2 apply also to the benefit of the legal representatives and vicarious agents of the supplier if claims are made directly against the latter.

(4) The liability restrictions resulting from Paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has guaranteed the condition and quality of the item. The same applies if the supplier and the customer have agreed on the condition and quality of the item. The provisions of the product liability law remain unaffected.

9. Data Protection

(1) We may use and store the relevant data relating to purchase contracts in so far as this is necessary for the implementation and performance of the purchase contract and so long as we are obliged to store these data on account of legal regulations.

(2) We retain the right to pass customer data to credit agencies in so far as this is necessary for the purposes of a credit check, provided that the customer expressly states their agreement to this in each individual case. We shall otherwise not hand over personal customer data to third parties without the expressly declared agreement of the customer, accept in so far as we are legally obliged to do so.

(3) We are not allowed to collect, hand over or otherwise process personal data of the customer for purposes other than those mentioned in § 10.

10. Applicable Law and Place of Jurisdiction

(1) The purchase contract existing between us and the customer is governed, subject to mandatory international private legal provisions, to the law of the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts.

(2) If the customer is a businessman or trader in the sense of § 1 Para. 1 of the Commercial Code (HGB), a legal entity subject to public law or a special fund or estate subject to public law, then the courts in Duisburg are exclusively competent to resolve all disputes resulting from or in connection with the relevant contractual relationship. In all other cases we or the customer can bring an action before any court that is legally competent.

11. Right of Cancellation

(The following right of cancellation applies only to users)

Users have a fourteen-day right of cancellation.

The right of cancellation does not exist in the case of distance selling contracts

- for the delivery of goods that are not pre-manufactured and for the production of which an individual selection or determination by the user is decisive or that are unequivocally tailor-made for the personal needs of the user,

- for the delivery of goods that can quickly perish or whose expiry date would quickly be exceeded,

- for the delivery of sealed goods, which for reasons of health protection or hygiene are not suitable for return, if their seal was removed after the delivery,

- for the delivery of goods if after delivery these were found to be inseparably mixed with other goods on account of their nature/consistency,

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after the delivery,

- for the delivery of newspapers, journals, magazines or illustrated magazines with the exception of subscription contracts,

- for the delivery of alcoholic beverages, the price of which was agreed on conclusion of the contract, which however can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on market fluctuations, over which the contractor has no influence.

Instructions for Cancellation
Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days starting from the date on which you or a third party nominated by you, who is not the consignor, accepts or has accepted the last of the goods.

In order to exercise your right of cancellation, you must notify us (giving your name, address and, where applicable, your phone number, fax number and email address) by means of an unambiguous statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You may use for this purpose the accompanying sample cancellation form, though this is not mandatory.

You can electronically complete and send us the sample cancellation form or another clear, unambiguous cancellation declaration also on our website (give internet address). If you use this facility, then we shall immediately send you (e.g. by email) a confirmation of receipt of such a cancellation request.

To ensure the cancellation period, it is sufficient if you notify us of your desire to exercise your cancellation right before expiry of the cancellation period.

Consequence of the Cancellation

If you cancel this contract, we have to reimburse you all payments that we have received from you, including the delivery costs (except for the additional costs that result if you have chosen another type of delivery than the most favourable standard delivery offered by us), immediately and at the latest within fourteen days from the date on which the notification concerning your cancellation of this contract was received by us.

For this reimbursement we shall use the same payment means as used in the original transaction, unless another means was expressly agreed with you; in no case will you be charged for this reimbursement. We may refuse the reimbursement until the goods have been returned to us or until you can prove that you have returned the goods, whichever is the earlier.

You must return or hand over the goods immediately and in any case at the latest within 14 days from the date on which you notified us of your desire to cancel this contract, to us or to (give here if appropriate the name and the address of the person authorised by you to accept the goods). The return period is met if you send the goods before the expiry of the period of 14 days. You are responsible for the immediate costs incurred in returning the goods.

You are liable for any loss of value of the goods only if this loss of value can be attributed to you as a result of handling which is not necessary for checking the condition, state, properties and functioning of the goods.

You can complete and send the sample cancellation form or any other clear unambiguous statement of cancellation also to our website https://www.borbet.de/downloads/Muster-Widerrufsformular-Borbet_E.pdf. If you use this facility, then we shall immediately send you a confirmation (e.g. by email) of receipt of such a cancellation.

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