BBM Maschinenbau und Vertriebs GmbH – General Terms and Conditions

1. Scope of application

(1) Die BBM Maschinenbau und Vertriebs GmbH, Dieselstraße 4, 33449 Langenberg (Amtsgericht Gütersloh HRB 6335, USt-ID.: DE 192426376) vertreten durch die Geschäftsführer Bernhard und Felix Schulte (Klick: Impressum) (im Folgenden „Verkäuferin“ genannt) erbringt alle Leistungen ausschließlich auf Grundlage dieser Allgemeinen Geschäftsbedingungen (AGB). Die Leistungen richten sich ausnahmslos an Unternehmer im Sinne des § 14 Abs. 1 BGB (Im Folgenden „Käufer“ genannt).

(2) These T&C shall only apply if the Buyer is an entrepreneur (Section 14, Subsection 1 of BGB), a legal entity under public law or a special fund under public law. Terms and conditions of the Buyer or of third parties shall not apply, even if the Seller does not object separately to their application in the individual case. Even if the Seller refers to a message which contains or refers to terms and conditions of the Buyer or of a third party, this does not imply consent to the application of such terms and conditions.

(3) The Seller is entitled to change or amend these T&C at any time, unless this places the Buyer at a disadvantage in bad faith. Any changes or amendments to these T&C are announced by the Seller by notification in written form or text form. The Buyer is entitled to object to such a change or amendment in writing or in text form. Consent to the change to the contract is deemed to be given if the Buyer does not object within two weeks of receipt of the Seller’s notification of the change or amendment to the T&C. This consequence is specifically pointed out to the Buyer in the announcement.

2. Registration as user

(1) The Buyer’s registration with the Seller’s trading system is free of charge. There is no entitlement to admission to the Seller’s trading system. Only persons of unlimited legal capacity may participate. At the Seller’s request, the Buyer must send a copy of the identity card to the Seller or state the VAT ID No. and prove registration under register regulations by documents.

In order to be admitted, the Buyer shall fill in the electronic form available on the Seller’s website. The Buyer can find this registration form when the Buyer selects a product in the online shop, puts it in the shopping cart by clicking on the “Add to cart” button, then clicks on “Cart” and subsequently on the “Go to checkout” button. The form is in the “Checkout” area under “Invoice details”.

The Buyer must provide the data required for registration completely and truthfully. Upon registration, the Buyer chooses a personal user name and password for the account. The user name for the account must infringe neither third-party rights nor other rights to use a name and trademark rights, nor may it be against good morals. The Buyer is obliged to keep the account password secret.

(2) Apart from giving one’s consent to the application of these T&C, the registration does not involve any obligations. The Buyer may delete their entry under “My account” at any time. The mere registration with the Seller does not establish any obligation to buy the goods offered by the Seller.

(3) In so far as the personal details of the Buyer change, the Buyer shall be responsible for their updating. Any and all changes may be made online after logging in under “My account”.

3. Data protection

(1) The Seller will exclusively utilise all personal data provided by the Buyer (e.g. form of address, name, company name, address, telephone number, e-mail address, VAT ID No.) within the limits of statutory data protection regulations.

(2) Additional information in this regard can be found in the Data Protection Statement of BBM Maschinenbau und Vertriebs GmbH (click: Data Protection Statement).

 § 4. Conclusion of contract

(1) The offers made by the Seller are exclusively intended for entrepreneurs, tradespersons, freelancers and public institutions and not in any event for consumers.

(2) The presentation of the Seller’s goods is not a binding offer. Only the order for goods placed by the Buyer shall be a binding offer pursuant to Section 145 of BGB. In the event that said offer is accepted, the Seller will send an order confirmation to the Buyer by e-mail.

(3) The Buyer places an order and/or makes an offer by placing the goods in the cart in the online shop via the “Add to cart” button.

By clicking on the “Cart” button, the Buyer will access the cart. After checking the order to be placed, the Buyer will access the Seller’s checkout area by clicking on the “Go to checkout” button.

Under “Invoice details” in the checkout area, the Buyer must provide the following details in order to be able to complete the order process: first name and surname, company name, address, telephone, e-mail address, VAT ID No., user name for the account, account password. Below these details, the Buyer’s order is listed again.

The payment mode “Direct bank transfer” is specified. Accordingly, the Buyer will make a transfer directly to the Seller’s bank account using the order number as payment reference. The order will only be dispatched after the money has arrived in the Seller’s account.

By clicking on the “Order subject to payment” button, the Buyer completes the order process and submits the offer to buy to the Seller.

The Seller then issues an automatic confirmation of order; however, this confirmation does not yet constitute a declaration of acceptance on the part of the Seller. Acceptance only occurs by sending an invoice. If the Seller makes changes to the invoice (such as additional fees, e.g. shipping charges, different dates of delivery, etc.), the invoice constitutes a new offer that is accepted upon payment by the Buyer.

5. Terms of payment

(1) The prices shown for the range of goods offered by the Seller, which forms the basis of the contract, shall apply.

(2) The purchase price becomes due immediately upon placing the order. The Buyer shall transfer the amount directly to the Seller’s account, quoting the order number as payment reference, after completing the order.

(3) The Seller makes out electronic invoices which it sends to the e-mail address provided by the Buyer by e-mail as an attachment on the date of invoice and which it makes available for inspection and download in the customer portal. The Buyer agrees to this procedure. At the express request of the Buyer, the Seller will additionally send its invoices by post.

6. Reservation of title

If, by way of exception, advance payment has not been agreed, the delivery item will remain the Seller’s property until full payment of the purchase price.

7. Terms of delivery

(1) The Seller shall deliver the goods in accordance with the agreements reached with the Buyer. Any shipping charges to be paid are determined by the flat-rate shipping charge specified in the cart and will be itemised separately on the invoice by the Seller. Dates and periods of delivery are only binding if the Seller has confirmed them in writing.

(2) In so far as the Seller does not effect delivery of the goods or not in conformity with the contract, the Buyer must give the Seller a period of grace to provide the service. Otherwise, the Buyer will not be entitled to rescind the contract.

8. Warranty

(1) If the goods supplied are defective, the Buyer shall, within the limits of the legal provisions, be entitled to demand subsequent performance in the form of a removal of defects or delivery of an item that is free from defects. The Seller shall have the right to choose the type of subsequent performance. If subsequent performance fails, the Buyer shall be entitled to reduce the purchase price or to rescind the contract. A precondition for any warranty rights is that the Buyer properly fulfils all obligations to inspect and to give notice of defects owed pursuant to Section 377 of the German Commercial Code (HGB). The Seller must be notified of any defects and flaws that have occurred immediately after they have been detected in written form or text form and in an understandable manner.

(2) The Seller does not give any guarantees.

(3) The limitation period for warranty claims regarding the goods supplied is twelve months from receipt of the goods, except in the case of claims for damages.

9. Limitations of liability

(1) The Seller shall be liable for intent and gross negligence. The Seller shall only be liable for slight negligence in the event of a breach of a material contractual obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the performance of which the Buyer may regularly rely as well as in the case of any damage resulting from injury to life, body or health or in the event of any liability under the German Product Liability Act. In this connection, the Seller shall only be liable for foreseeable damage the occurrence of which must typically be expected.

(2) In the event that unauthorised third parties avail themselves of the services of the Seller by using the Buyer’s login data, the Buyer shall be liable for any fees incurred as a result within the limits of civil-law liability until the customer’s order to change the login data or notification of the loss or theft is received, provided the Buyer is to blame for such access by unauthorised third parties.

(3) In view of the current state of technology, it is not possible to ensure that data communication via the internet is free from errors and/or available at all times. In this respect, the Seller shall not be liable for the continuous and uninterrupted availability of its online trading system.

(4) In so far as liability is excluded or limited according to the above paragraphs, this shall apply – to the extent permitted by law – to any personal liability on the part of staff, employees, representatives, organs and vicarious agents of the Seller.

10. Place of jurisdiction, applicable law

(1) If the Buyer is a businessperson, a legal entity under public law or a special fund under public law or if the Buyer does not have a place of general jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any and all disputes arising from the business relationship between the Seller and the Buyer shall, at the Seller’s option, be Langenberg or the Buyer’s registered office. However, as regards claims against the Seller, Langenberg shall be the exclusive place of jurisdiction for such cases. Imperative legal provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.

(2) The relations between the Seller and the Buyer shall exclusively be governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

11. Final provisions

(1) Any changes or amendments to these Terms and Conditions must be made in writing. This shall also apply to the cancellation of the requirement of written form.

(2) The place of performance shall be Rheda-Wiedenbrück.

(3) Should individual provisions of this contract be ineffective or conflict with legal provisions, the contract shall otherwise not be affected thereby. The parties to the contract shall, by mutual consent, replace the ineffective provision with a provision which comes as close as possible to the commercial aim and object of the ineffective provision. The above provision shall apply accordingly in the event of any gaps in the provisions.