I. General terms and conditions
§ 1 basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (BMC Solutions GmbH) via the website www.bmc.de, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for purchase insofar as you are a natural or legal person or a legal partnership that, when concluding the legal transaction, acts in the course of its commercial or independent professional activity (entrepreneur). A contract with consumers is excluded.
§ 2 conclusion of the contract
(1) Subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Already with the listing of the respective product on our website we submit you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all the order details are displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the option of reviewing all information here again, changing it (also using the "back" function of the Internet browser) or canceling the purchase. By submitting the order using the corresponding button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) You can also submit a binding contract offer (order) by phone, email, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place when ordering by phone immediately or at the latest within 5 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(5) On request, we will create an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by email. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data, the content of which violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also affects the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness and assume no liability for errors.
(4) Insofar as stated in the respective offer, you will receive a correction template from us, which you must check immediately. If you agree with the draft, release the correction template by counter-signature in text form (e.g. email) for execution.
The design work will not be carried out without your approval.
You are responsible for checking the correctness and completeness of the template and notifying us of any errors. We accept no liability for errors that are not contested.
§ 4 prices, terms of payment and shipping costs
(1) The prices listed in the respective offers as well as the shipping costs represent net prices. They do not include VAT.
(2) The shipping costs incurred are not included in the purchase price, they will be charged separately, unless free shipping is promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
(3) If the delivery is made to countries outside the European Union, we may incur further costs for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees) that are to be borne by you.
(4) You have to bear the costs of the money transfer (bank transfer or exchange rate fees) in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) You have the payment options shown under a corresponding button on our website or in the respective offer. Insofar as no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. Deduction of discounts is only permitted if expressly stated in the respective offer or in the invoice.
§ 5 delivery conditions
(1) The expected delivery time is specified in the respective offer. Delivery dates and delivery periods are only binding if we have confirmed them in writing. When paying in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) The dispatch takes place at your risk. If you wish, shipping will be carried out with the appropriate transport insurance, whereby you will be responsible for the resulting costs.
(4) Partial deliveries are permitted and can be invoiced independently, provided that this does not result in additional shipping costs.
§ 6 warranty
(1) The warranty period is one year from delivery of the item. The shortening of the deadline does not apply:
- culpably caused damage from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we maliciously concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- for statutory recourse claims that you have against us in connection with rights to defects.
(2) Only our own information and the manufacturer's product description are deemed to be agreed as the condition of the thing, but not other advertising, public promotions and statements of the manufacturer.
(3) In the event of defects, we provide a warranty of our choice through rectification or subsequent delivery. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The rectification of defects is considered to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, results in particular. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
§ 7 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
(3) You can resell the goods in the ordinary course of business. In this case, you are now assigning to us all claims in the amount of the invoice amount that arise from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) When the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
(5) We undertake to release the securities to which you are entitled on your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the collateral to be released.
§ 8 choice of law, place of performance, place of jurisdiction
(1) German law applies to the exclusion of the UN purchase law.
(2) The place of performance and jurisdiction is our registered office, insofar as you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the seller
BMC Solutions GmbH
Telephone: 0898 006 940
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order or request, the contract data can be printed out or electronically saved using the print function of the browser.
These General Terms and Conditions were created by the lawyers of the retailer association who specialize in IT law and are constantly checked for legal conformity. The Dealer Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.
last update: 23.10.2019