The following General Terms and Conditions (hereinafter “GTC”) apply:
§1 Scope
1.1 The business relationship between the BEWA Group (hereinafter "Salesperson”) and the purchaser (hereinafter “Buyer") The following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the buyer are not recognized unless the seller expressly agrees to their validity in writing.
1.2 Goods within the meaning of these General Terms and Conditions are all products and services that can be purchased as part of an online order in the BEWA Group Shop.
1.3 The term “consumer” used in these provisions is based on the legal definition in
§ 13 BGB. The term "entrepreneur" used in these provisions is based on the legal definition in § 14 BGB.
§2 Conclusion of contract
2.1 The presentation of the goods by the seller does not constitute a binding offer. Only the order of the goods in accordance with Section 2.2 of these General Terms and Conditions by the buyer constitutes a binding offer according to Section 145 of the German Civil Code (BGB).
2.2 The buyer can select products and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By clicking on the "Buy now" button, the buyer submits a binding application to purchase each individual product in the shopping cart. Before submitting the order, the buyer can change and view the data at any time. However, the application can only be submitted and transmitted if the buyer has accepted these General Terms and Conditions as well as the privacy policy accepted and thereby included in his application.
2.3 After placing an order, the buyer will receive an automated email (confirmation of receipt) detailing the buyer's order. The automatic confirmation of receipt merely documents that the buyer's order has been received by the seller. It does not constitute acceptance of the order. The contract is only concluded upon the seller's declaration of acceptance, which is sent with a separate order confirmation via email (order/shipping confirmation).
2.4 Your order data will be stored by us in accordance with legal regulations. If you have registered in the BEWA Group Shop, you can access your order data under "My Account."
§3 Prices, shipping costs and delivery
3.1 The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.
3.2 The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a corresponding button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
3.3 In addition to the stated prices, shipping costs may apply for the delivery of products unless the respective item is marked as free of shipping costs. Shipping costs will be clearly stated on the offers, in the shopping cart system, if applicable, and on the order overview.
3.4 Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 2-5 working days after receipt of payment).
§4 Terms of payment, due date of the purchase price, default of payment
4.1 The Seller generally supports the following payment methods: credit card (Visa, MasterCard, American Express), PayPal, and payment on account. The Seller reserves the right to refuse to offer certain payment methods in individual cases or to refer to other payment methods.
4.2 With the exception of purchases on account, the invoice amount is due immediately. Payments made by credit card or PayPal will be debited upon completion of the order.
4.3 For delivery on account, the buyer is obligated to pay the invoice within 14 days of receipt of the goods. After 14 days from receipt of the goods, the buyer is in default without the need for a reminder. From this point on, the buyer must pay the seller default interest at a rate of 5 percentage points above the base interest rate. The buyer is permitted to prove that the actual damage caused by the delay has not occurred at all or is less.
4.4 The Buyer’s obligation to pay default interest does not exclude the Seller’s right to claim further damages caused by default.
4.5 The buyer is obligated to accept the purchased item. If the buyer defaults on acceptance, the seller is entitled to demand compensation for any resulting damages.
§ 5 Transfer of risk
5.1 The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery of the goods.
5.2 In the event that the Buyer is not a consumer, the risk shall pass to the Buyer upon dispatch of the goods when the goods are handed over to the person carrying out the transport or when the goods have left the Seller's warehouse for the purpose of dispatch.
§ 6 Installation by qualified personnel
The buyer is obliged to have the purchased items installed by qualified specialists.
§ 7 Warranty
7.1 For purchase contracts in which a consumer (Section 13 of the German Civil Code) is not involved, the warranty period shall be 1 year.
7.2 The buyer's warranty claims are primarily limited to a claim for subsequent performance, i.e., repair or replacement. If the buyer is not a consumer, the seller has the right to choose between repair or replacement. If the repair or replacement fails, the buyer may demand a reduction in price or withdraw from the contract. Repair is deemed to have failed if and to the extent that a deadline set for the seller to remedy the defect has expired without result. The conditions for exercising the right of withdrawal are determined by Section 323 of the German Civil Code (BGB).
7.3 The Seller shall be liable in accordance with statutory provisions if the Buyer asserts claims for damages based on fraudulent intent, intent, or gross negligence, including fraudulent intent, intent, or gross negligence on the part of its representatives or vicarious agents. Unless the Seller is accused of intentional breach of contract, liability is limited to foreseeable, typically occurring damages. If the claim for damages is based on a culpable failure to remedy a defect, it is limited to the corresponding rates of the DAT/Schwacke list with regard to installation and removal costs. Otherwise, liability for damages is excluded; in this respect, the Seller is not liable, in particular, for damages not caused to the delivered item.
7.4 In the event of repair, the Seller shall bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor, and material costs. This shall only apply to non-consumers to the extent that the costs do not increase due to the fact that the purchased item was transported to a location other than the place of performance.
7.5 The Buyer must assert claims for remedy of defects against the Seller.
7.6 In the event of a defect resulting from incorrect assembly instructions, the Seller's warranty obligation only applies if the assembly or installation of the sold item was otherwise carried out professionally. The Buyer must demonstrate and prove that this was carried out professionally.
§ 8 Entrepreneurial recourse in the case of sales to commercial resellers
8.1 If the Buyer resells the item sold to a consumer as part of his commercial business and has had to take back the item or reduce the purchase price as a result of its defectiveness, the Buyer may assert his warranty rights against the Seller without setting a deadline.
8.2 The buyer may also claim reimbursement of expenses incurred in relation to the consumer if the defect claimed by the consumer already existed at the time of transfer of risk to the buyer. Expenses include, in particular, transport, travel, labor, and material costs.
8.3 The Buyer shall not be entitled to any compensation under this entrepreneurial recourse.
§ 9 Retention of title
9.1 The purchased item remains the property of the seller until all claims arising from the purchase contract have been settled. If the buyer is a merchant within the meaning of the German Commercial Code (HGB), we retain title to all delivered items until all payments arising from the business relationship have been received.
9.2 The Buyer is entitled to resell the delivered items in the ordinary course of business; however, the Buyer hereby assigns to us all claims arising from the resale to its customers or third parties in the amount of the final invoice amount of the purchase price owed by the Buyer (including VAT), regardless of whether the delivered items were resold without or after processing. The Buyer remains authorized to collect these claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. The Seller undertakes not to collect the claims itself as long as the Buyer fulfills its payment obligations in accordance with the contract and no application for the opening of insolvency proceedings has been filed. If one of the latter circumstances occurs, the Buyer must, at the Seller's request, provide the Seller with all information necessary to collect the assigned claim, hand over the relevant documents, and notify the relevant debtors (third parties) of the assignment.
9.3 In the event that the value of the Seller's securities exceeds the secured claims by more than 20%, the Seller shall be obligated to release the securities to which it is entitled at the Buyer's request. The selection of the securities to be released shall be at the Seller's discretion.
§ 10 Return of goods/restocking fee
10.1 If the Seller voluntarily accepts return of goods from the Buyer, the following applies: Only goods in proper, saleable condition that are not custom-made or custom-ordered items are eligible for return. Upon return of the goods, the Buyer will receive a refund equal to the value of the goods, less a restocking fee. Return shipping costs are to be borne by the Buyer and are non-refundable.
10.2 The restocking fee shall be a flat rate of EUR 15 per item, based on the value of the returned goods, unless a different value is agreed upon at the time of return.
§ 11 Liability
11.1 Subject to the provisions of Section 11.2, the Buyer’s liability for damages shall be limited as follows:
If the seller breaches essential contractual obligations through simple negligence, the seller's liability is limited to the amount of damage typical for the contract and foreseeable. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance the buyer regularly relies (so-called "cardinal obligations").
The seller is not liable for the slightly negligent breach of non-essential obligations arising from the contractual relationship.
11.2 The above exclusion of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act), in the case of a guarantee being given or in the case of culpable injury to life, body or health.
11.3 The limitation of liability in Sections 11.1 and 11.2 shall also apply to the benefit of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.
11.4 The Buyer is obliged to take appropriate measures to prevent and mitigate damages.
§12 Notes on data processing
12.1 The Buyer shall store, process, and use the Buyer's personal data for the proper fulfillment of the order and for its own purposes. In doing so, the Buyer shall, in particular, observe the provisions of the Federal Data Protection Act and the Telemedia Act.
12.2. Any processing of personal data is subject to the Seller's privacy policy. For details, please refer to the privacy policy, which is available at any time on the website www.bewa-group.de via the link "privacy policy“ is available in printable form.
12.3 Each Buyer, as the data controller, is also independently responsible for compliance with the data protection legislation applicable in its country.
§13 Final provisions
13.1 German law shall apply exclusively, excluding the laws governing international sales
movable property (in particular UN Sales Law) and international private law, even if the
Buyer has its registered office abroad. The parties agree that German will be the contractual language for the entire duration of their contractual relationship.
13.2 In business transactions with merchants or legal entities under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Buyer shall be the registered office of the Seller.
13.3 The EU Commission offers the possibility of dispute resolution on an online platform operated by it. This platform can be found under the external link http://ec.europa.eu/consumers/odr/.
The seller does not participate in dispute resolution proceedings before consumer arbitration boards.
13.4 Should individual provisions of the contract with the Buyer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.
As of December 20, 2024
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