General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into with us as the provider (BEKATEQ GmbH & Co. KG) via the website www.bekateq.de. Unless otherwise agreed, any of your own terms and conditions you may use will not be incorporated.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, acts in the course of their self-employed professional or trade activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we are making you a binding offer to enter into a contract via the online shopping cart system on the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to Order" (or similar wording) button and entering your personal details as well as your payment and shipping details, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the details in the order overview (also using the "back" function of the internet browser) or cancel the order.
(4) Your requests for a quote are non-binding. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required for the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that you can technically receive the emails and that they are not blocked by spam filters.
§ 3 Special Agreements on Payment Methods Offered
(1) Installment Purchase via easyCredit
For installment purchases via easyCredit, the General Terms and Conditions for installment purchases of easyCredit also apply. You can find the GTCs here.
(3) SEPA Direct Debit
When paying by SEPA direct debit, you authorize us by granting a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 5-10 days of the conclusion of the contract.
The deadline for providing the pre-notification (Pre-Notification) is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a return direct debit due to your fault, you will be liable for the resulting bank charge.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. A pledge or transfer of security is not permitted before title to the reserved goods has passed.
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 arising from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio 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 due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are asked to check the goods upon 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.
(3) If any characteristic of the goods deviates from the objective requirements, such a deviation is only deemed agreed if you were informed of it before you accepted the offer and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following rules apply instead of the above warranty provisions:
a) Only our own specifications and the manufacturer's product description are deemed agreed as the characteristics of the goods; other advertising, public claims and statements by the manufacturer are not included.
b) In the event of defects, we will, at our discretion, remedy the defect by repair or replacement. If the remedy of the defect fails, you may, at your discretion, request a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we are not required to bear the increased costs resulting from transporting the goods to a place other than the place of performance unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortened period does not apply:
- to damages caused by us through fault that result from injury to life, body or health, or from other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or provided a guarantee for the quality of the item;
- to items that have been used for a structure in accordance with their usual use and have caused its defectiveness;
- to statutory recourse claims you have against us in connection with rights of remedy.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from the business relationships you have with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a trader, a body corporate under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
BEKATEQ GmbH & Co. KG
Schelde-Lahn.Str. 33
35232 Dautphetal
Germany
Telephone: +496468216970
Email: info@bekateq.de
We are willing, but not obliged, to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system the contract data can be printed using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. When requesting a quote outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the quality criteria of the Käufersiegel by the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are set out in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. Costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery takes place to an EU member state, but payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
7. Delivery Terms
7.1. The delivery terms, the delivery date and any existing delivery restrictions are set out under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These GTCs and customer information were created by the Händlerbund's IT law specialists and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 29.11.2022