General Terms and Conditions of Sale
General Terms and Conditions of SaleGeneral Terms and Conditions of Sale
Scope
These terms and conditions apply to all purchases from BSS Breitenbücher Streaming Service made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity. (Business customers are asked to place orders on the order pages [Link auf Geschäftskunden-Login] accessible via the business customer login.)
Conclusion of the contract
The object of the contract is the sale of goods.
Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
You can submit a binding purchase offer (order) via our online order form.
Before sending the order, you have the option of checking all information again, changing it or cancelling the purchase.
By submitting the order via the button “order for a fee” you submit a binding offer to us.
The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 working days by confirmation in text form (e.B. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already provided will be refunded immediately.
The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.
Prices and shipping costs
Payment
– Prepayment
Default
Lien
(1) Delivery shall be made to the delivery address specified by the customer, within
– Germany
(2) We make every effort to comply with delivery and performance deadlines, but we are entitled to extend such deadlines appropriately, in particular if there are delays, e.B. with prior order clarification with the customer as well as during the processing of the order placed. Information on delivery times refers to the dispatch of the goods ex works or to the notification of readiness for acceptance and is non-binding, unless expressly stated otherwise. (3) If force majeure (natural disasters, war, civil war, terrorist attack) epidemics, pandemics, natural disasters, extreme natural events, import and export restrictions, restrictions on energy availability, government measures or official orders, including those of the suppliers , make delivery or any other service permanently impossible, bSS Breitenbücher Streaming Service is excluded from its obligation to perform.
Amounts already paid will be refunded immediately by BSS Breitenbücher Streaming Service.
(4) The period for delivery begins with payment in advance on the day after receipt of the invoice amount on our account
(5) BSS Breitenbücher Streaming Service may also refuse the service if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by BSS Breitenbücher Streaming Service.
(6) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by freight forwarder. BSS Breitenbücher Streaming Service expressly points out that these goods are not carried into the house.
Cheap shipping method for returns
Ownership
Defect rights
(1) BSS Breitenbücher Streaming Service shall replace a defective product (warranty case) at the customer’s discretion at the expense of BSS Breitenbücher Streaming Service with a defect-free one or have it professionally repaired (supplementary performance). The customer is informed that there is no warranty claim if the product had the agreed quality at the time of transfer of risk. A warranty claim does not exist in particular in the following cases:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, BSS Breitenbücher Streaming Service does not guarantee a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance (replacement delivery or repair) desired by the customer requires an expense which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer’s interest in performance – whereby in particular the value of the object of purchase in the defect-free condition, the significance of the defect and the question must be taken into account, whether the other type of supplementary performance can be used without significant disadvantages for the customer – the customer’s claim is limited to the other type of supplementary performance. The right of BSS Breitenbücher Streaming Service to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the event of repair and in the event of replacement delivery, the customer is obliged to send the product at the expense of BSS Breitenbücher Streaming Service to the return address specified by BSS Breitenbücher Streaming Service, stating the order number. Before sending in, the customer must remove items inserted by him from the product. BSS Breitenbücher Streaming Service is not obliged to inspect the product for the installation of such items. BSS Breitenbücher Streaming Service is not liable for the loss of such items, unless it was readily apparent when taking back the product for BSS Breitenbücher Streaming Service that such an item has been inserted into the product (in this case, BSS Breitenbücher Streaming Service informs the customer and keeps the item ready for the customer for collection; the customer bears the costs incurred). In addition, before sending in a product for repair or replacement, the customer must make separate backup copies of the system software on the product, the applications and all data on a separate data carrier and deactivate all passwords. Liability for data loss is not assumed. Likewise, after the repaired product or the replacement product has been returned to him, it is the customer’s responsibility to install the software and data and reactivate the passwords.
(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following condition: If the customer was able to use the goods in a defect-free condition between delivery and return, he must reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods that has not occurred as a result of the defect as well as for the impossibility of returning the goods in the period between delivery of the goods and return of the goods that did not occur as a result of the defect. The customer must not pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for the return of a defective product in the event of a warranty claim also ceases to apply,
a) if the defect justifying withdrawal has only become apparent during processing or transformation,
b) if BSS Breitenbücher Streaming Service is responsible for the deterioration or destruction or if the damage would also have occurred at BSS Breitenbücher Streaming Service,
c) if the deterioration or loss has occurred on the part of the customer, although the customer has observed the care that he uses in his own affairs.
(6) The customer’s obligation to pay damages in the event of a breach of the return obligation for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery within a reasonable period of time has not led to a contractual condition of the product.
(8) In addition, there may also be claims against the manufacturer within the scope of a guarantee granted by the manufacturer, which are based on the corresponding warranty conditions.
(9) The statutory warranty of BSS Breitenbücher Streaming Service ends two years from delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, BSS Breitenbücher Streaming Service shall only be liable in the event of a breach of essential contractual obligations and limited to foreseeable damage. This restriction does not apply to injury to life, body and health. BSS Breitenbücher Streaming Service is not liable for other damages caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of BSS Breitenbücher Streaming Service, BSS Breitenbücher Streaming Service shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s warranty is a guarantee of the manufacturer and does not constitute a guarantee by BSS Breitenbücher Streaming Service.
(3) BSS Breitenbücher Streaming Service is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even with timely delivery.
(4) Excluded is the personal liability of the legal representatives, vicarious agents and employees of BSS Breitenbücher Streaming Service for damages caused by them by slight negligence.
Applicable law
The contract concluded between you and BSS Breitenbücher Streaming Service is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Venue
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or move your residence abroad after conclusion of the contract or your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship [Sitz des Betreibers des Online-Shops].
Dispute settlement
General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Changes or additions to this contract must be made in writing.
