General Terms and Conditions of Delivery for the Online Shop of Waldemar Behn GmbH
1. General Information, Customer Base, Language
(1) All offers, purchase contracts, deliveries, and/or services based on orders from our customers (hereinafter: customers) through our online shop www.behnshop.de (hereinafter: the “online shop”) are subject to these General Terms and Conditions.
(2) The product offering in our online shop is directed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions:
(a) a consumer is any natural person who enters into the contract for a purpose that cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB), and
(b) an entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity when concluding the contract (§ 14 Abs. 1 BGB).
(3) The customer’s terms and conditions do not apply, even if we do not explicitly reject their application in individual cases.
(4) Contracts with the customer are concluded exclusively in German.
2. Conclusion of Contract
(1) Our offers in the online shop are non-binding.
(2) By placing an order in the online shop, the customer makes a binding offer to purchase the relevant product. We can accept the offer up to the end of the third business day following the day of the offer.
(3) We will send the customer an acknowledgment of receipt of the offer without delay, which does not yet constitute acceptance of the offer. The offer is only deemed accepted by us once we declare acceptance to the customer via email or, at the customer’s request, in writing, or by dispatching the goods. The purchase contract with the customer is concluded only with our acceptance.
(4) Every customer who is a consumer has the right to cancel the offer in accordance with the special cancellation and return instructions provided to them as part of the order on our website and return the goods.
3. Prices and Payment
(1) Our prices include statutory VAT but do not include shipping costs. The customer must bear any customs duties or similar charges.
(2) Unless expressly agreed otherwise, we deliver only against prepayment (in the manner specified in the order form in the online shop) or cash on delivery, each against an invoice. At the customer's request, which must be specified in the order form, we also deliver the goods against cash payment in our business premises in Eckernförde, Kadekerweg 2.
(3) If delivery on account is agreed upon, our invoices are payable within 30 business days after dispatch of the goods and receipt of the invoice by the customer.
(4) The customer has no right of set-off or retention unless the customer's counterclaim is undisputed or has been legally established.
4. Deadlines for Shipping Goods, Sale, Partial Deliveries
(1) All deadlines specified by us for shipping goods when placing the order or otherwise agreed upon begin:
(a) (a) if delivery against prepayment is agreed upon, on the day the full purchase price (including VAT and shipping costs) is received, or
(b) if payment by cash on delivery or on account is agreed upon, on the day the purchase contract is concluded. The day we hand over the goods to the shipping company is decisive for meeting the shipping deadline.
(2) Deadlines specified by us for shipping the goods are always approximate and may be exceeded by up to 2 business days. This does not apply if a fixed shipping date has been agreed upon. If no deadline or date for shipping has been specified or otherwise agreed upon, a shipment within 5 business days is deemed agreed upon.
(3) We are entitled to sell the goods at any time, even if they are designated as “in stock” on the order form, if delivery is against prepayment and payment is not received within 5 business days of our acceptance of the offer. In this case, the shipment will only occur within the agreed or specified period as long as the goods are in stock; otherwise, a period of 3 weeks applies.
(4) If our supplier fails to deliver goods that were indicated as “out of stock” on the order form or that have been sold out per paragraph 3 in a timely manner, the respective shipping deadline is extended until delivery by our supplier plus a period of 3 business days, but in total by no more than 3 weeks, provided that:
(a) the delay in delivery by our supplier is not our fault, and
(b) we ordered the goods from the supplier in good time before the conclusion of the purchase contract (or in the case of paragraph 3, before the goods were sold out) so that, under normal circumstances, timely delivery could be expected.
If the goods are not or not timely deliverable without our fault, we are entitled to withdraw from the purchase contract. We will immediately notify the customer of the unavailability of the goods and immediately refund any payments made to us by the customer in the event of withdrawal.
(5) If the customer has purchased several separately usable products in one order, we may also ship these in several separate deliveries, bearing any additional shipping costs incurred. The customer's statutory rights regarding timely and proper delivery are not restricted by this.
5. Shipping Method and Duration, Insurance, Transfer of Risk
(1) Unless expressly agreed otherwise, we will determine the appropriate shipping method and the transport company at our reasonable discretion.
(2) We owe only the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. Therefore, any shipping duration we specify (the period between handing over the goods to the transport company and delivery to the customer) is non-binding.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods passes to them at the moment the goods are delivered to them or when they are in default of acceptance. In all other cases, the risk passes to the customer when the goods are delivered to the transport company, provided we owe only the shipment.
(4) We will insure the goods against usual transport risks at our expense.
6. Retention of Title
(1) We retain title to the goods delivered by us until full payment of the purchase price, including VAT and shipping costs, for the respective goods.
(2) Without our prior written consent, the customer is not entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title ("reserved goods"). Disposing of the customer's legal position in relation to the reserved goods (so-called expectancy right) remains permissible as long as the third party is informed of our ownership rights.
(3) The customer must handle the reserved goods with care.
(4) In the event of third-party access – particularly by bailiffs – to the reserved goods, the customer will indicate our ownership and notify us immediately so that we can enforce our ownership rights.
(5) In the event of default in payment, we are entitled to demand the return of the reserved goods, provided we have withdrawn from the contract.
7. Warranty
(1) If the delivered goods are defective, the customer can initially demand rectification of the defect or delivery of defect-free goods from us. If the customer is an entrepreneur, we may choose between rectifying the defect or delivering defect-free goods; this choice can only be made by notifying the customer in text form (including fax or email) within 3 business days of receiving the notice of defect.
(2) If rectification according to (1) fails or is unreasonable for the customer or if we refuse to rectify the defect, the customer is entitled to withdraw from the purchase contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. However, special provisions of paragraph 8 of these General Terms and Conditions apply to the customer's claims for damages.
(3) The warranty period is 2 years from delivery.
(4) Only for entrepreneurs: The customer must inspect the goods carefully immediately after dispatch. The delivered goods are deemed approved by the customer if a defect is not reported to us
(a) in the case of obvious defects within 3 business days of delivery, or
(b) otherwise within 5 business days of discovering the defect.
8. Liability
(1) Our liability for delay in delivery is – except in cases of intent or gross negligence – limited to an amount of 20% of the respective purchase price including VAT.
(2) Regardless of the legal reason, we are not liable for damages that are not typically expected under normal use of the goods. Liability limitations do not apply in cases of intent or gross negligence.
(3) The limitations of this § 8 do not apply to our liability for guaranteed quality characteristics in the sense of § 444 BGB, for injury to life, body, or health, or under the Product Liability Act.
9. Data Protection
We may process and store data relating to the respective purchase contracts only within the framework of the applicable legal provisions. Details are provided in the data protection declaration available on our website.
10. Applicable Law and Jurisdiction
(1) The purchase contract between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law. If the customer is a consumer and has their habitual residence in a country other than the Federal Republic of Germany, they will retain the protection of the applicable provisions of the country of residence, which cannot be derogated from by agreement.
(2) If the customer is a merchant within the meaning of § 1 (1) HGB, a legal entity under public law, or a special fund under public law, the courts responsible for Eckernförde shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship. In all other cases, we or the customer may bring an action before any court with jurisdiction based on statutory provisions.