I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (BEKATEQ GmbH & Co. KG) via the website www.bekateq.shop. Unless otherwise agreed, the inclusion of any terms and conditions you may use is expressly excluded.
(2) For the purposes of the following provisions, a consumer 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, is acting 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 .
We sell the goods partly or exclusively as a commission agent in our own name for the account of third parties, i.e. for a third party as the owner of the goods. Notwithstanding this, we are the contracting party with all rights and obligations.
(2) By listing the respective product on our website, we are making you a binding offer to conclude 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 intended for 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) and entering your personal details as well as the payment and shipping details, the order data 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) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order overview again (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "place order with obligation to pay", "pay" / "pay now" or similar wording), you legally accept the offer, thereby concluding the contract.
(5) The processing of the order and the transmission of all information required in connection with 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 the receipt of emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
- Invoice ("Pay Later"): You can find the Klarna invoice terms and conditions for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms and conditions for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services to process the payment; if special payment terms apply in this regard, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve the right to retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention, pledging or transfer of security is not permitted.
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 value 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 combination and mixing of the goods subject to retention, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention 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 regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) To the extent that a characteristic of the goods deviates from the objective requirements, such deviation is only considered agreed upon if you were informed of it before we issued the contractual declaration and the deviation was expressly and separately agreed upon by the contracting parties.
(4) If you are an entrepreneur, the following warranty provisions apply instead of the above:
a) Only our own statements and the manufacturer's product description are considered agreed upon as the quality of the goods, not other advertising, public price announcements, or statements by the manufacturer.
b) In the event of defects, we shall, at our option, provide warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. The remedy of the defect is considered 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 arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond 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 our fault attributable to us resulting from injury to life, body, or health, or to other damages caused intentionally or through gross negligence;
- insofar as 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 intended use and have caused its defectiveness;
- to statutory recourse claims you have against us in connection with rights regarding defects.
§ 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 provided 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 existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer, but a merchant, a public law corporation, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual residence is unknown at the time the lawsuit is filed. The authority to bring an action before a court at another statutory place of jurisdiction remains unaffected.
(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
Am Nußacker 9
35043 Marburg
Germany
Telephone: +496468216970
Email: r.alles@bekateq.de
Alternative Dispute Resolution:
The European Commission provides an online dispute resolution platform (ODR platform), accessible at https://ec.europa.eu/consumers/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are governed by the "Conclusion of the Contract" provisions of 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. Once we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer, 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 from Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
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 and the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. No shipping costs apply.
6.3. If delivery takes place to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which you are required to bear.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of 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.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. 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. Where you are a consumer, it is legally regulated that the risk of accidental loss or accidental deterioration of the sold item passes to you only upon delivery of the goods to you, 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 take place 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 General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are permanently reviewed for legal compliance. 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/
last update: 22.10.2024