General Terms and Conditions with Customer Information
Table of Contents
- Prices and Payment
- Shipping Conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific requirements of the customer
- Applicable law
- Alternative dispute resolution
1.1 These Terms and Conditions (the "Terms") BTS Trading GmbH (hereinafter "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") with the seller in respect of the seller its online store goods shown concludes. This is the involvement of its own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Within these terms is any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor independent professional activity. The purposes of these Conditions is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.
2.1 The product descriptions in the online shop of the seller do not constitute binding offers on the part of the seller, but serves to submit a binding offer by the customer.
2.2 The customer can submit the offer via the integrated into the online shop of the seller online order form. In this case, the customer, after placing the selected goods in the virtual shopping cart and go through the electronic ordering process by clicking the button the ordering process concluding a legally binding contract offer in terms of the basket of goods from. Furthermore, the customer can return by e-mail or online contact against the seller the offer by telephone.
2.3 The seller can accept the customer's offer within five days,
- by forwarding the customer a written confirmation of order or an order confirmation in writing (fax or email), and the extent of the order confirmation to the customer is relevant, or
- by providing the customer with the ordered goods, where the extent of access of goods to the customer is relevant, or
- by asking the customer after delivery of his order to pay.
If two or more prior to the above alternatives, the contract is concluded at the moment in which enters one of the aforementioned alternatives first. The deadline for acceptance of the offer commences on the day after the dispatch of the offer by the customer and ends with the end of the fifth day, which follows the dispatch of the offer. If the seller is not the offer of the customer within the aforementioned period, this is considered as a rejection of the offer, with the result that the customer is no longer bound by his declaration of intention.
2.4 If you choose the payment method "PayPal Express" payment processing via PayPal payment service is done (Europe) S.à rl & Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the application of PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer chooses during the online ordering process "PayPal Express" as the payment method, he left by clicking the buttons at the same time the ordering process final and a payment order at PayPal. In this case, the seller hereby recognizes the acceptance of the customer offer at the time,
2.5 If you choose the payment method "Amazon Payments", payment processing via the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"), subject to the application of the Amazon Payments Europe User Agreement, available at https: / /payments.amazon.de/help/201751590. If the customer chooses during the online ordering process "Amazon Payments" as a payment method, he left by clicking the buttons at the same time the ordering process final and a payment order on Amazon. In this case, the seller hereby recognizes the acceptance of the customer offering in the time in which the customer triggers by clicking the buttons the ordering process concluding the payment process.
2.6 When submitting a bid on the online order form from the seller of the contract will be filed by the seller and the customer after sending his order, together with these Terms and Conditions in writing (eg. As e-mail, fax or letter) sent. In addition, the treaty text on the seller's website is archived and can be accessed free of charge from the customer of the password protected customer account, specifying the login information, unless the customer has created an account in the online shop of the seller before sending his order.
2.7 Before submitting the order via the online order form from the seller, the customer can identify possible errors by careful reading of the information displayed on the screen. An effective technical means to improve the detection of input errors can thereby be the magnification function of the browser, by which the display is magnified on the screen. Its inputs the customer can correct in the context of the electronic ordering process as long as the usual keyboard and mouse functions until it clicks to the ordering process final button.
2.8 the German and the English language for the contract are available.
2.9 The order processing and contact can be usually by e-mail and automated order processing. The customer must ensure that his or her designated for order processing e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the customer must ensure in the use of spam filters that all sent by the seller or from that responsible for order processing Third emails can be delivered.
3.1 consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arising from the cancellation of the seller.
3.3 The right of withdrawal does not apply to consumers who are party when the contract was concluded any Member State of the European Union, whose sole residence and delivery address at the time the contract was concluded outside the European Union are.
4) Prices and Payment
4.1 Unless the product description of the seller otherwise, is at the stated prices are total prices, which include VAT. If necessary, additional delivery and shipping costs are displayed separately in the respective product description.
4.2 For deliveries to countries outside the European Union may incur other costs in individual cases which the seller is not responsible for and shall be borne by the customer. Examples of these include costs for money transfers through banks (eg transfer fees, exchange fees) or legal import duties or taxes (eg customs duties). Such costs may also be incurred if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union in relation to the money transfer.
4.3 Payment / s is / are communicated to the customer in the online shop of the seller.
4.4 If prepayment agreed by bank transfer, payment is due immediately upon conclusion of the contract, unless the parties have agreed no later maturity date.
4.5 In case of payment by means of an offer PayPal payment processing payments through the PayPal payment service is done (Europe) S.à rl & Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the application of PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Shipping conditions
5.1 Delivery of goods is in transit to the customer's delivery address, unless otherwise agreed. During completion of the transaction specified in the ordering process the seller delivery address shall prevail.
5.2 Sends the shipping company sent the goods back to the seller as a delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery. This does not apply if the customer does not represent a condition that has led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced his performance a reasonable time in advance would have. Furthermore, this does not apply in respect of the cost of mailing to the buyer if the customer exercises his right of withdrawal effect. For the cost of returning the purpose statement in the revocation of the seller regulation applies to more effectively exercise the right of withdrawal by the customer.
5.3 For collection, the seller informs the customer first by e-mail notifying that the products ordered are available for collection. After receiving this e-mail, the customer can pick up the goods after consultation with the seller at the headquarters of the seller. In this case, no shipping costs will be charged.
6) retention of title
If the seller in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) defect liability (warranty)
7.1 If the goods are defective, the provisions of statutory liability for defects apply.
7.2 Notwithstanding this, the statute of limitations for used goods is one year from date of delivery to the customer. However, the shortening of the limitation period of one year shall not
- for things that are used in accordance with their normal use for a structure and have caused the defect,
- for damages and the customer's compensation claims, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller accordingly. the customer fails to do, this has no effect on his legal or contractual warranty claims.
8) Special conditions for the processing of goods according to specific requirements of the customer
8.1 owes the seller after the contents of the contract in addition to the delivery of goods and the processing of the goods according to specific requirements of the customer, the customer is the operator of all contents required for processing such as text, images or graphics in the specified by the operator file formats, formatting, image to provide and file sizes are available and to give him the necessary rights to use -. For the procurement and acquisition of rights in such content, the customer is solely responsible. The customer declares and assumes the responsibility of ensuring that he has the right to use the information made the vendor content. He must ensure in particular that this does not violate rights of third parties, in particular copyright, trademark and privacy rights.
8.2 The customer shall indemnify the Seller against claims by third parties that they may make in connection with a violation of their rights by the contractual use of the contents of the customer by the seller against this law. The customer shall assume the reasonable costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the infringement by the customer is not responsible. The customer is obliged to ask the seller in the event of claims by third parties immediately, truthfully and completely with all information necessary for the examination of claims and a defense.
8.3 The seller reserves the right to refuse processing jobs when the leased by the customer for this content violates legal or regulatory proscriptions or morality. This particularly applies to transfer of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.
9) Applicable Law
9.1 The law of the Federal Republic of Germany, excluding the laws on the international sale of goods applies to all legal relationships between the parties. For consumers, this choice of law applies only insofar as the protection provided is withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.
9.2 In addition, this choice of law with regard to the statutory right does not at consumers who are party when the contract was concluded any Member State of the European Union, whose sole residence and delivery address at the time the contract was concluded outside the European Union are.
If the customer is a merchant, legal person of public law or public law special fund established in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the business of the seller. If the customer is established outside the territory of the Federal Republic of Germany, is the business of the seller exclusive jurisdiction for any disputes arising from this contract, if the contract or claims under the agreement of the customer's trade or professional activity can be attributed. The seller is however entitled in the above cases, in any case, to call the place of business of the customer.
11) Alternative Dispute Resolution
11.1 The European Commission is on the Internet at the following link a platform for online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a focal point for the out-of-court settlement of disputes arising from online sales or service contracts, in which a consumer is involved.
11.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration body ready.