General Terms and Conditions
- Scope of application Our GTC below form the basis of the mutual contract. Conflicting GTC of the Contracting Party shall not be binding on betec.
- Conclusion of contract Our advertisements are not contractual offers in the legal sense. The contract is concluded when our declaration of acceptance is received by the Contracting Party in writing, in text form or orally within 14 days of receipt of the order. Drawings, illustrations, dimensions, weights or other performance data transmitted by the Contracting Party shall only become part of the contract if the declaration of acceptance refers to them. We reserve the right to implement design changes as well as dimensional and colour variations, provided that these are reasonable for the Contracting Party and the goods are still suitable for the use stipulated in the contract.
- Partial deliveries We expressly reserve the right to make partial deliveries, insofar as the Contracting Party considers this to be reasonable, taking into account their interests.
- Prices; minimum order value Our prices are based on the information in the currently valid catalogues and/or the currently valid price lists. The prices quoted to the end-users also include the VAT legally required at the time the catalogue or price list is produced. The minimum order value for mail order deliveries is €50 euros (excluding VAT). If, in exceptional cases, we accept orders below the stated minimum order value, additional handling costs of €7.50 (excluding VAT) will be charged in addition to the packaging and shipping costs for the separate examination of the order.
- Payment You can pay by PayPal, credit card, direct debit, bank transfer or cash on delivery. In the case of delivery outside Germany, additional freight, delivery or shipping costs or other costs may arise. These costs are stated in the currently valid catalogue and/or the currently valid price list, insofar as they can reasonably be calculated in advance. Our goods and services are due for payment immediately upon receipt. This also applies to partial deliveries according to § 3 to the extent of the partial delivery. If payment is made within 14 days of receipt of the invoice, we grant a 2% discount on the net value of the goods.
- Delivery dates; legal consequences in the event of a delay in delivery caused by the Contracting Party The delivery dates or periods stated by us are not binding. Four weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the Contracting Party may send betec a written request to deliver within a reasonable period of time. If the Contracting Party’s default of acceptance leads to a delay in delivery, the Contracting Party shall reimburse betec for the storage costs customary at the forwarding company for the duration of the delay.
- Transfer of risk If the Contracting Party is an entrepreneur, the risk of accidental loss shall pass to it as soon as the consignment has been handed over to the carrier or has left our warehouse for the purpose of dispatch.
- Guarantee vis-à-vis merchants If the goods are defective and have not yet been resold, betec shall be entitled, without prejudice to the rights under § 377 para. 2 of the German Commercial Code (on the premise of approval of the defective goods in the event of failure to give notice of defects, unless the defect was not recognisable during the inspection) and without prejudice to the rights under § 377 para. 3 of the German Commercial Code (on the premise of approval of the goods if the complaint was not made immediately after the defect not discovered during the inspection was later revealed), the customer shall be entitled to choose whether to rectify the defect or to have a defect-free item delivered. In the event of rectification of defects, betec’s right to rectify defects shall be limited to three attempts in respect of one and the same defect, and to a total of six attempts in respect of all defects. If the object of sale has been taken to a place other than the place of performance, the Contracting Party shall be liable for the additional costs required to remedy the defect. If betec fails to fulfil its obligation to provide supplementary performance (removal of defects; replacement delivery), the Contracting Party may withdraw from the contract if it has unsuccessfully set betec a reasonable time limit for supplementary performance. If betec refuses to provide supplementary performance, if the remedy has failed or is unacceptable for the Contracting Party, the Contracting Party does not need to set a deadline for withdrawal from the contract with respect to betec. The Contracting Party does not have a right to a reduction. This shall also apply if the goods are resold after discovery of the defect, unless supplementary performance would have failed, not been carried out or refused in due time or would have been unreasonable. If the goods are defective and have been resold without one of the conditions leading to the exclusion of the reduction according to para 1 or para 4 fulfilled, the Contracting Party has the right to reduce the price. In the event of a replacement delivery, betec is obliged to hand over the goods to be replaced simultaneously. The Contracting Party also has the option to claim damages or compensation for wasted expenditure in accordance with § 437 no. 3 of the German Civil Code. Insofar as compensation is claimed within the scope of guarantee claims, the following provision of § 9 shall apply with regard to fault.
- Guarantee to consumers The legal regulations are decisive. Insofar as compensation is claimed within the scope of guarantee claims, § 10 shall apply with regard to fault.
- Liability Insofar as culpability is the legal prerequisite for the obligation to pay damages in respect of property damage and financial loss, betec shall not be liable for damages in the case of simple negligence, unless essential rights and obligations arising from the nature of the contract are restricted in such a way that the achievement of the purpose of the contract is endangered. In the event of slight negligence, the liability of betec for damages is limited to contractual, foreseeable damages. The limitations in accordance with the preceding paragraphs 1 and 2 do not apply to liability for injury to life, body and health and in the case of product liability.
- Retention of title All goods delivered shall remain the property (reserved goods) of betec until all claims, irrespective of their legal basis (e.g. incidental claims, claims for damages, cashing of cheques, etc.), including future and conditional claims, including those arising from contracts concluded at the same time or later, have been settled. During the retention of title period, the Contracting Party is prohibited from pledging the delivery items or using them as security; resale is only permitted until revoked within the Contracting Party’s usual business activity, and only on the condition that the Contracting Party receives payment from the buyer or retains the title until the buyer has fulfilled its payment obligations. If the Contracting Party sells the goods, it hereby assigns to betec by way of security its future claims arising from the sale against its buyer with all ancillary rights – including any accounts receivable. If the delivery item is sold together with other items, the Contracting Party shall assign the first-ranking part of the claim, which corresponds to the price of the delivered goods, with priority over the other claims. In the case of a current account, the existing property shall serve as security for betec’s outstanding balance. In terms of value, betec bases this on the respective invoice value plus a security surcharge of 20%. However, the security premium is not taken into account if the rights of third parties conflict with it. If the value of the existing securities in favour of betec (sales value of the delivered goods) exceeds the claims of betec by a total of more than 20%, betec is obliged, at the request of the Contracting Party, to reassign or release securities chosen by betec.
- Prohibition of offsetting The Contracting Party may only offset against counterclaims that are not disputed by betec or that have been legally established.
- Right of retention If the Contracting Party is a merchant, it may only assert a right of retention in cases of undisputed or legally established claims.
- Withdrawal betec may withdraw from the contract if the Contracting Party has made or is making false statements about its creditworthiness and the statements refer to a fact that is significant for the assessment of creditworthiness or the creditworthiness is no longer applicable (non-cashing of due cheques and bills of exchange, application for the submission of an affidavit, non-insurability with Hermes credit insurance, etc.) or if an application is made for the opening of bankruptcy or insolvency proceedings with regard to the assets of the contracting party.
Effectiveness of the contract, applicable law, place of performance and place of jurisdiction If individual provisions of this contract should be or become invalid or ineffective, the effectiveness of the remaining provisions shall not be affected. The ineffective provision shall be replaced by the statutory provision which comes closest to the business purpose of the ineffective provision. German law is applicable to the exclusion of international sales law. The place of fulfilment is Munich. Exclusive place of jurisdiction for all disputes arising from this contract with regard to merchants or legal entities under public law is Munich (for district courts: District Court Munich I). betec is also entitled to take legal action at the Contracting Party’s general place of jurisdiction.