General terms and conditions and customer information
I. General Terms and Conditions of Sale
§ 1 Basic provisions
(1) The following general terms and conditions apply to all contracts that you conclude with us as a supplier (Web Shopping s.r.o.) via the website www.bestdirect.de. Unless otherwise agreed, the inclusion of own conditions used by you is contradicted.
(2) The consumer in the sense of the following regulation is any natural person who concludes a legal act for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his independent professional or business activity.
§ 2 Formation of the contract
(1) The object of the contract is the sale of goods.
(2) As soon as the respective product is listed on our website, we shall make a binding offer to conclude a contract within the scope of our availability under the conditions indicated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods for purchase are placed in the "shopping cart". You can call up the "shopping cart" by clicking on the corresponding button in the navigation bar and make changes at any time.
After calling up the "Order" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider first.
If you are redirected to the relevant instant payment system, make the appropriate selection or enter your data. Finally, you will be redirected to our online store on the order overview page.
Before sending the order, you have the possibility to check all the information again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the "buy" button, you declare the legally binding acceptance of the offer, by which the contract is concluded and the purchase price is due.
(4) The processing of the order and the transmission of all information required for the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided is correct, that the receipt of e-mails is technically assured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, reservation of ownership
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a contractor, the following provisions shall also apply:
(a) We retain ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount which accrue to you as a result of the resale, and we accept the assignment. You are furthermore authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is our responsibility.
§ 4 Security
(1) The statutory warranty rights shall apply.
(2) Insofar as you are a contractor, the following provisions shall apply in deviation from paragraph 1:
a) Only our own specifications and the manufacturer's description of the product shall be deemed to be agreed as to the quality of the goods, but not other advertisements, public promotions and statements by the manufacturer.
b) You are obliged to check the goods immediately and carefully for deviations in quality and quantity and to report obvious defects to us in text form (e.g. by e-mail) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the obligation to inspect and complain, warranty claims are excluded.
c) In the event of defects, we undertake, at our discretion, to provide a guarantee by eliminating the defect or by a replacement delivery. If the remedy of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. Removal of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the object or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear any additional costs resulting from the transfer of the goods to a location other than the place of performance, insofar as such transfer does not correspond to the intended use of the goods.
§ 5 Liability
(1) The statutory liability provisions shall apply. We shall be liable in all cases without restriction for damages resulting from injury to life, limb or health. Furthermore, our liability is unlimited in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision of our Customer Information (Part II) and our General Terms and Conditions of Sale (Part I).
(3) Insofar as material contractual obligations (main contractual obligations) are concerned, our liability for our own conduct as well as for the conduct of our vicarious agents shall be limited to the foreseeable damage typical of the contract in the case of slight negligence, except in the case of personal injury. Material contractual obligations are material obligations which arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on us in accordance with its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you can regularly rely.
(4) In the event of a breach of immaterial contractual obligations on our part or on the part of our vicarious agents, liability shall be excluded in the event of a slightly negligent breach of obligations, unless this involves personal injury.
(5) It cannot be guaranteed that data communication via the Internet is error-free and/or available at all times according to the current state of the art. In this respect, we are not responsible for the constant or uninterrupted availability of the website and the service offered there.
§ 6 Choice of law, place of performance, jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by the mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of preference).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal person under public law or a special fund under public law. The same shall apply if you do not have general jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court of another place of legal jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Information for clients
Alternative Dispute Resolution:
The European Commission provides an online alternative dispute resolution platform (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the provisions "Conclusion of the contract" of our general terms and conditions (part I.).
3. Contract language, storage of the contract text
3.1 The contract language is German.
3.2 We do not store the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After we have received the order, the order data, the information legally required for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment terms
5.1 The prices indicated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They can be called up by a corresponding button on our website or in the respective offer, are indicated separately during the ordering process and are at your expense in addition, unless free delivery has been promised.
5.3 The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
5.4 Unless otherwise specified in the individual payment methods, claims arising from the concluded contract are due immediately.
6. Terms of delivery
6.1 The terms of delivery, the delivery date and any delivery restrictions are indicated on our website or in the corresponding offer under the corresponding button.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the thing sold during shipment is transferred to you only upon delivery of the goods, regardless of whether the shipment is insured or not. This does not apply if you have independently contracted a transportation company not designated by the contractor or any other designated person to make the shipment.
If you are a contractor, delivery and shipment are at your risk.
7. legal liability for defects
7.1 Liability for defects in our goods is governed by the "Warranty" provision of our General Terms and Conditions (Part I).
7.2 As a consumer, you are obliged to check the goods immediately after delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. Failure to do so will not affect your statutory warranty rights.
These general terms and conditions and the customer information have been prepared by Händlerbund's IT lawyers and are subject to continuous review for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is responsible for any warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.