General terms of delivery
BPS Health GmbH
(hereinafter "Supplier", "we" or "us")
§ 1 SCOPE OF APPLICATION
1.1 Our terms of delivery apply to all legal relationships with our customers to the exclusion of any other terms of business of the customer. Any deviation from these terms and conditions can only be made by written confirmation from the supplier.
1.2 Subsidiary agreements and deviating agreements require our written confirmation to be legally effective.
1.3 Our terms and conditions of sale shall also apply to all future transactions with the customer.
§ 2 ORDER AND CONCLUSION OF CONTRACT
2.1 All statements of the supplier, regardless of the form, in particular brochures, information sheets, price lists, Internet pages of the supplier are subject to change without notice, unless we expressly declare otherwise.
2.2 Orders can be placed by the customer by telephone, via the Internet in electronic form (e-mail), SMS and other messaging services. By ordering the goods, the customer bindingly declares that he wishes to purchase the ordered goods at the pricestated. A contract is only concluded upon written confirmation on our part, supplemented by the provision of these terms of delivery, or, in the absence of such a provision, by execution of the order.
2.3 The conclusion of the contract is subject to the reservation that we ourselves are supplied. This does not apply if the supplier is responsible for non-delivery, in particular if he has not concluded a congruent hedging transaction. We will inform the purchaser immediately about the non-availability of the goods and will refund any consideration paid without delay.
2.4 The information provided in the mail-order catalogue, brochures, price manuals, other documents and on websites - such as descriptions, dimensions, weights and illustrations - serves only to determine the goods, is only approximate and does not represent any information on the quality of the goods unless it is expressly designated as binding in writing. The condition, suitability, qualification and function as well as the intended use of our goods shall be determined exclusively by our expressly designated information and technical qualifications. Public statements, recommendations or advertising by us or third parties do not constitute a quality description of the goods. Loss of weight due to natural shrinkage, storage or the like cannot be excluded and shall not be at the expense of the supplier.
2.5 Guarantees regarding the quality or durability of our goods must be expressly identified as such in the order confirmation.
2.6 We expressly reserve the right to make changes in design or technical developments of the products offered by us which serve to improve them, do not endanger the purpose of the contract and are reasonable, even without prior notice.
§ 3 PRICES
(1) Unless otherwise expressly agreed, our prices are net plus value added tax without deductions, including freight, postage, packaging, transfer fees of any kind whatsoever and similar.
(2) In case of delivery by the supplier, the customer shall provide all necessary manpower and / or unloading equipment and/or safety measures for unloading.
(3) Unless otherwise agreed, our customer shall pay the invoice within 7 days after delivery of at least 50% of the goods and invoicing without deduction. Proof of receipt shall be deemed to have been provided by us upon proof of dispatch at the supplier's premises, with the addition of two working days. After expiry of the 14 days, the supplier is entitled to demand interest on arrears at 12% above the current base rate. The supplier reserves the right to assert further claims due to the customer's default of payment.
§ 4 DELIVERY AND RISK ASSUMPTION
(1) Delivery dates of the supplier are generally agreed with the customer as non-binding. If, in exceptional cases, binding delivery periods have been agreed, these shall commence upon receipt of the Supplier's order confirmation by the Customer, but not before the Customer has provided any documents, approvals, releases and any other necessary papers to be obtained by the customer and also not before receipt of any advance and/or partial invoice still outstanding from the supplier.
(2) Any binding delivery period shall be deemed to have been met when the goods are made ready for dispatch at the supplier's premises and the dispatch note is received by the customer. The proof of dispatch of the dispatch note shall be deemed to have been provided when the supplier has provided proof of dispatch.
(3) In cases of force majeure as well as in the event of the effects of industrial disputes, unforeseen events and delivery delays and / or delivery failures on the part of subcontractors of the supplier, the supplier's obligation to deliver on time shall not apply and any delivery period that may have been agreed as binding shall be extended accordingly. In addition, the supplier is entitled to withdraw from the contract for a period of 1 month in the event of the above-mentioned obstacles to delivery. In case of such a withdrawal it is agreed that there is no breach of duty on the part of the supplier.
(4) The supplier is expressly permitted to make partial deliveries and also to issue advance and / or partial invoices in this respect.
§ 5 DISPATCH AND RISK ASSUMPTION
The choice of the dispatch route as well as the mode of dispatch is made by us at our best judgement. The shipments travel at the risk of the buyer. The risk is transferred to the buyer by handing them over to the carrier / forwarding agent selected by the supplier. This also applies to partial deliveries, even if this was arranged by us or if we have assumed the shipping costs. We shall insure the goods dispatched by us against transport damage. Transport damages are to be reported to the deliverer immediately.
§ 6 PRODUCT QUALITY
(1) Deviations of the products within the agreed tolerances shall also be considered as contractual product quality. If no tolerances have been agreed, a deviation of up to 20% above the tolerances customary in the industry in the Western European area shall be deemed agreed as product quality.
(2) Any liability for material defects on the part of the supplier for the colour fastness of the delivered goods is expressly excluded between supplier and customer. This shall also apply to products of the supplier in which the colours are described as light and / or water-resistant.
(3) The purpose of use between the customer and the supplier is the purpose confirmed in the supplier's order confirmation.
§ 7 LIABILITY FOR MATERIAL DEFECTS
(1) The supplier's liability for material defects is limited to 3 months from the transfer of risk of the goods. Within these 3 months, the customer has a claim to the removal of any defects in the form of rectification and / or new delivery within a reasonable period of time at the supplier's discretion.
(2) The customer shall be obliged to inspect the goods without delay for all deliveries, including partial deliveries. All defects, including deviations inquantity and / or incorrect deliveries must be reported in writing within one week at the latest, insofar as these are identifiable in a proper inspection. The legal obligations according to § 377 HGB (German Commercial Code) remain expressly unaffected by this and are deemed to be effectively agreed between customer and supplier.
(3) Claims of the customer for expenses necessary for the purpose of subsequent performance are excluded to the extent that expenses are increased because the object of the delivery was subsequently moved to another location or the object of the delivery was installed in other materials. This exclusion shall not apply if the combination corresponds to the use which was communicated in writing from the beginning.
§ 8 CLAIMS FOR DAMAGES
The Supplier shall only be liable to the Customer to the extent that he, hise mployees and / or vicarious agents are guilty of intent, gross negligence and / or injury to life, body or health in the performance of the Supplier's contractual obligations. Regardless of this, the strict liability under the Product Liability Act remains unaffected. The liability for the culpable violation of essential contractual obligations remains unaffected.
§ 9 LIMITATION OF LIABILITY
The Supplier's liability - for whatever legal reason - towards the Customer is limited to a maximum amount of 5% of the scope of delivery of the contract from which the damage results per year and per damage event, unless a liability exceeding this amount exists under mandatory, non-binding law.
§ 10 OTHER
(1) Place of performance is the registered office of the supplier. Place of jurisdiction is the court responsible for the supplier's registered office.
(2) Only formal and substantive German law shall apply, excluding those provisions of German and international private law which would lead to the application of foreign legal standards, as well as excluding bilateral and multinational provisions (UN sales law, CISG).
(3) Subsidiary agreements in addition to these terms and conditions have not been made and can only be made in writing. A deviation from the written form requirement can again only be agreed in writing. An implied deviation between the parties is expressly excluded.
(4) The General Terms and Conditions of Delivery shall apply to the contractual relationship between the Supplier and the Customer for as long as no deviating provision has been expressly agreed in writing by the Supplier in its order confirmation.
For orders via BPS Online-Shop
§ 1 SCOPE OF APPLICATION
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.
§ 2 CONTRACTING PARTY, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the method of payment you have chosen:
When you place your order, you provide your credit card details and the credit card company carries out an authorisation check. After your legitimation as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when the order is placed. At the time of the credit card debit, the contract with us is concluded.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
§ 3 CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
§ 4 TERMS OF DELIVERY
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
We only deliver by mail order. Unfortunately it is not possible to collect the goods yourself.
§ 5 PAYMENT
In our shop you can choose between the following payment methods:
When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
§ 6 RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.
§ 7 RESERVATION OF PROPRIETARY RIGHTS
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
§ 8 TRANSPORT DAMAGES
The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply among merchants. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
§ 9 WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
§ 10 LIABILITY
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
§ 11 SETTLEMENT OF DISPUTES
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution service.
§ 12 FINAL PROVISIONS
If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Consumers have a fortnightly right of withdrawal.
RIGHT OF WITHDRAWAL
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of revocation, you must inform us (BPS Health GmbH, Rittergut 1, D-38271 Baddeckenstedt, Germany, email@example.com, telephone: 030120649256) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
SAMPLE CANCELLATION FORM
(If you want to cancel the contract, please fill in this form and send it back).
- To BPS Health GmbH, Rittergut 1, D-38271 Baddeckenstedt, Germany, firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of communication on paper)
(*) Delete as appropriate.