Table of Contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
9. Redemption of promotional vouchers
10. Redeeming gift vouchers
11. Applicable law
12. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of Benjamin Belau, acting under “B-PAK Logistik” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
– by asking the customer to pay after placing his order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
does not have a PayPal account – subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method as part of the online order process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include VAT. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller’s online shop.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
does not have a PayPal account – subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer payment by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
4.7 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer payment by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller’s cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even among consumers, passes to the customer as soon as the seller
Has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the dispatch if the customer instructs the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch to carry out the work and the seller to the customer this person or has not previously named the institution.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the latter has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. If the goods are not available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pick-up is not possible for logistical reasons.
5.6 Vouchers are given to the customer as follows: – by email
6) Retention of title
6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller’s authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and no application is made to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies:
7.1 If the customer acts as an entrepreneur,
– the seller has the choice of the type of supplementary performance;
– In the case of new goods, the limitation period for defects is one year from the transfer of risk;
– the rights and claims due to defects are generally excluded for used goods;
– The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following section: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and the shortening of the deadlines set out in the previous paragraphs do not apply
– for things that have been used for a building in accordance with their normal use and have caused its deficiency,
– for claims for damages and reimbursement of expenses of the customer, as well as
– in the event that the seller has maliciously concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason:
– in the event of intent or gross negligence,
– in the event of willful or negligent injury to life, limb or health,
– based on a promise to guarantee, unless otherwise regulated in this regard,
– due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Significant contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.
8.3 For the rest, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.
9.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The credit of a promotional voucher is neither paid out in cash nor interest.
9.8 The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redeeming gift vouchers
10.1 Vouchers that can be purchased through the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop, unless the voucher states otherwise.
10.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
10.7 The credit of a gift voucher is neither paid out in cash nor interest.
10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to a third party is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
11) Applicable law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
11.2 Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.