Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Granting of Rights of Use for Digital Content
Granting of Rights of Use for License Keys
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Repair Services
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1.1
These General Terms and Conditions (hereinafter referred to as “GTC”) of Biregs GmbH & Co. KG (hereinafter referred to as the “Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as the “Customer”) and the Seller for the supply of goods as presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2
These GTC shall apply accordingly to contracts for the supply of goods with digital elements, unless otherwise stipulated. In such cases, the Seller owes not only the delivery of the goods but also the provision of digital content or digital services (hereinafter collectively referred to as “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfil their functions without them.
1.3
These GTC shall also apply accordingly to contracts for the provision of digital content, unless otherwise provided.
For the purposes of these GTC, “digital content” means data created and supplied in digital form.
1.4
These GTC shall also apply accordingly to contracts for the provision of license keys, unless otherwise provided. In such cases, the Seller owes the provision of a license key for the use of the digital content or digital services (hereinafter “digital products”) described by the Seller, as well as the granting of the contractual rights of use to such digital products. The Customer does not acquire any intellectual property rights to the digital product. The specifications of the digital product are as stated in the Seller’s product description.
1.5
For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business, or profession.
1.6
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of his or her trade or self-employed professional activity.
2.1
The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve to enable the Customer to submit a binding offer.
2.2
The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and proceeding through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the order process.
Furthermore, the Customer may also submit the offer to the Seller by email, online contact form, postal mail, or telephone.
2.3
The Seller may accept the Customer’s offer within five (5) days by:
sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date of receipt of the order confirmation by the Customer shall be decisive; or
delivering the ordered goods to the Customer, in which case the date of receipt of the goods by the Customer shall be decisive; or
requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the above alternatives occurs first.
The period for acceptance of the offer shall commence on the day following the date on which the Customer submits the offer and shall end upon the expiry of the fifth day following the submission of the offer.
If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, with the effect that the Customer is no longer bound by his declaration of intent.
2.4
If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or — if the Customer does not hold a PayPal account — subject to the Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.
If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.
2.5
When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. by email, fax, or letter) after the order has been sent. No further access to the contract text will be provided by the Seller.
If the Customer has created a user account in the Seller’s online shop prior to submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer through his password-protected user account by entering the corresponding login details.
2.6
Before placing a binding order via the Seller’s online order form, the Customer may identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct his entries during the electronic ordering process using the standard keyboard and mouse functions until he clicks the button concluding the order process.
2.7
Different languages are available for the conclusion of the contract. The specific language options are displayed in the Seller’s online shop.
2.8
Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using spam filters, that all emails sent by the Seller or by third parties engaged by the Seller to process the order can be delivered.
3.1
Consumers are generally entitled to a right of withdrawal.
3.2
Further information on the right of withdrawal can be found in the Seller’s Withdrawal Policy (Right of Withdrawal Notice).
4.1
Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax (VAT). Any additional delivery and shipping costs that may apply will be specified separately in the respective product description.
4.2
In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are not the responsibility of the Seller and shall be borne by the Customer. These may include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties).
Such costs may also arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3
The payment methods available to the Customer are specified in the Seller’s online shop
5.1
If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive.
By way of exception, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2
If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of dispatch if the Customer effectively exercises his right of withdrawal. For return shipping costs in the event of a valid withdrawal, the provisions set out in the Seller’s withdrawal policy shall apply.
5.3
If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment.
If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods generally passes to the Customer or a recipient authorized by the Customer only upon delivery of the goods.
Notwithstanding the foregoing, the risk shall already pass to the Customer when the Seller has delivered the goods to the carrier, freight forwarder, or other person designated to carry out the shipment, if the Customer has commissioned such person or institution and the Seller has not previously named this person or institution to the Customer.
5.4
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability, the Customer shall be informed immediately and any payment refunded without delay.
5.5
If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours indicated by the Seller at the address specified by the Seller. In this case, no shipping costs shall be charged.
5.6
Digital content shall be provided to the Customer as follows:
via direct access on the Seller’s website,
by download, or
by email.
6.1
Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive, unlimited right in terms of territory and time to use the supplied content for both private and commercial purposes.
6.2
The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to transfer the contractual license to the third party.
6.3
Where the contract relates to the one-time provision of digital content, the granting of rights shall become effective only when the Customer has paid the remuneration in full. The Seller may permit use of the contractual content provisionally before this date. Such provisional permission shall not constitute a transfer of rights.
7.1
The provided license key entitles the Customer to use the digital product as described in the Seller’s product description and to the extent specified therein.
7.2
Where the license key relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the remuneration in full.
If the Seller provides goods in advance, ownership of the delivered goods shall remain with the Seller until full payment of the purchase price owed has been received.
Unless otherwise stated below, the statutory provisions on liability for defects shall apply.
For contracts for the supply of goods, the following shall apply in deviation therefrom:
9.1 If the Customer acts as an entrepreneur:
the Seller shall have the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims shall be one (1) year from delivery of the goods;
for used goods, rights and claims based on defects are excluded;
the limitation period shall not recommence if a replacement delivery is made within the scope of the liability for defects.
9.2 The above limitations and reductions of time periods shall not apply:
to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods that, in accordance with their usual purpose, have been used for a building and have caused its defectiveness,
to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
9.3
Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
9.4
If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the obligation to inspect and give notice of defects in accordance with Section 377 HGB shall apply. If the Customer fails to comply with the notification obligations set forth therein, the goods shall be deemed approved.
9.5
If the Customer acts as a consumer, he is requested to report any goods delivered with obvious transport damage to the carrier and inform the Seller thereof. Failure to comply shall have no effect on the Customer’s statutory or contractual rights for defects.
The Seller shall be liable to the Customer under all contractual, quasi-contractual, and statutory (including tortious) claims for damages and reimbursement of expenses as follows:
10.1
The Seller shall be liable without limitation on any legal ground:
in the event of intent or gross negligence,
in the event of willful or negligent injury to life, body, or health,
under a guarantee, where agreed,
under mandatory liability provisions, such as those under the Product Liability Act.
10.2
If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above paragraph.
Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the contractual purpose, the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the Customer may regularly rely.
10.3
In all other respects, the Seller’s liability is excluded.
10.4
The above provisions on liability also apply with respect to the Seller’s liability for its legal representatives and vicarious agents.
If, under the terms of the contract, the Seller owes the repair of an item belonging to the Customer, the following shall apply:
11.1
Repair services shall be performed at the Seller’s place of business.
11.2
The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. The Seller may also engage third parties (subcontractors) to perform services on its behalf. Unless otherwise specified in the Seller’s service description, the Customer shall not be entitled to select a particular person to perform the requested service.
11.3
The Customer shall provide the Seller with all information necessary for the repair of the item, provided the procurement of such information does not fall within the Seller’s contractual obligations. In particular, the Customer shall provide the Seller with a detailed description of the defect and all circumstances that may have caused it.
11.4
Unless otherwise agreed, the Customer shall send the item to be repaired to the Seller’s business address at his own cost and risk. The Seller recommends that the Customer take out transport insurance for this purpose and use suitable transport packaging to minimize the risk of damage in transit and to conceal the contents of the package. The Seller shall promptly inform the Customer of any obvious transport damage so that the Customer may assert his rights against the carrier if applicable.
11.5
Return shipment of the item shall be at the Customer’s expense. The risk of accidental loss or accidental deterioration of the item shall pass to the Customer when the item is handed over to the transport person at the Seller’s place of business. Upon the Customer’s request, the Seller will take out transport insurance for the item.
11.6
The Customer may also deliver the item to be repaired personally to the Seller’s business premises and collect it again if provided for in the Seller’s service description or if the parties have agreed accordingly. In such cases, the above provisions on costs and risk allocation for shipment and return shipment shall apply accordingly.
11.7
The foregoing provisions shall not limit the Customer’s statutory rights in the event of the purchase of goods from the Seller.
11.8
The Seller shall be liable for defects in the repair service in accordance with the statutory provisions on liability for defects.
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods.
For consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business.
If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall likewise be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity.
In the above cases, however, the Seller shall in any event be entitled to bring an action before the court having jurisdiction at the Customer’s place of business.
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
