General Terms and Conditions of Sale

Scope

(1) 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 to their self-employed professional activity.

(2) 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 or her self-employed professional or commercial activity. (Business customers are asked to send their orders or inquiries directly to info@bss-streamingservice.de by e-mail in order to receive individual conditions.)

Conclusion of the contract

(1) The object of the contract is the sale of goods.

(2) 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.

(3) Before submitting the order, you have the opportunity to check all information again, change it or cancel the purchase.
By submitting the order via the ‘Buy now’ button, you are making 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.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

(4) 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.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out 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

(1) The prices awarded are final prices incl. Sales tax. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered.

(2) You can find out more about the details under Shipping methods . The regular costs of the return, which arise in the event of a return of the goods by you in the exercise of your right of withdrawal , are borne by you.

Payment

(1) We offer the following payment methods:

Prepayment: You transfer the invoice amount in advance. Delivery will take place after receipt of payment.
PayPal: You pay directly through your PayPal account.
Purchase on account: This option is available to churches, government agencies, schools, and public institutions. The invoice amount is to be paid within 14 days of receipt of the goods and the invoice without deduction.

(2) BSS reserves the right to exclude certain payment methods in individual cases.

Default

(1) If you are in default of payment, BSS Breitenbücher Streaming Service is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of the order.

(2) If BSS Breitenbücher Streaming Service has demonstrably suffered a higher default damage, BSS Breitenbücher Streaming Service is entitled to assert this.

Terms of delivery

(1) Delivery is made within Germany.

(2) Unless otherwise specified in the product description, the goods will be delivered within 5-14 working days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring bank; for other payment methods, on the day after conclusion of the contract.

(3) If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.

(4) If force majeure events (e.g. natural disasters, war, terrorist attacks, pandemics or official orders) beyond our control make delivery significantly more difficult or impossible, the delivery period shall be extended by the duration of the obstacle. If delivery becomes permanently impossible as a result, both parties are entitled to withdraw from the contract. Services already provided will be reimbursed immediately.

(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. Unless otherwise agreed, bulky goods are delivered free of curb. A transfer of the goods to the customer’s home or business premises is not owed.

(7) Transfer of risk: In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold in the case of a mail-order purchase does not pass until the goods are handed over to the consumer (Section 446 of the German Civil Code).

Cheap shipping method for returns

(1) Please use the original packaging when returning the goods and accessories as far as possible, even if it is damaged by an opening for functional testing.

Ownership

(1) Until all claims against the customer arising from the purchase contract have been fully settled, the delivered goods shall remain the property of BSS Breitenbücher Streaming Service.

(2) As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Defect rights

(1) Statutory law on defects: The statutory rights to liability for defects apply. A warranty case exists if the product did not have the agreed quality at the time of the transfer of risk. A warranty claim does not exist in particular in the following cases:

a) in the event of damage caused by misuse or improper use by the customer;
b) in the event of damage caused by harmful external influences at the customer (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity or fire).

(2) Unauthorized modifications and installations: The warranty is excluded for defects caused by unauthorized installations, conversions or other manipulations of the product by the customer or unauthorized third parties. If the customer makes changes independently, it is incumbent on the customer to prove in the event of a dispute that the defect that has occurred is not due to these changes (e.g. incorrect installation, damage to components or seals during the conversion).

(3) Third-party interventions: BSS Breitenbücher Streaming Service also does not provide any liability for errors caused by improper repair by a service partner not authorized by the manufacturer or by us.

(4) Type of supplementary performance: A defective product will be repaired by repair or replacement at the customer’s discretion. BSS Breitenbücher Streaming Service may refuse the selected type of supplementary performance if it is only possible with disproportionate costs. In this case, the claim is limited to the other type of subsequent performance.

(5) Returns and third-party items: In the event of subsequent performance, the customer is obliged to send the product to the specified return address, stating the order number. Prior to submission, the customer must remove any items (e.g. memory cards, hard drives, third-party cables) that he has inserted from the product. BSS Breitenbücher Streaming Service is not obliged to inspect the product for such items and is not liable for their loss, unless the affiliation with the customer was readily recognizable.

(6) Data backup: It is the customer’s responsibility to make separate backup copies of the system software, applications and all data on an external data carrier and to deactivate passwords before sending them in for repair or replacement. Liability for loss of data during subsequent performance is not assumed. Upon receipt of the product, the customer is responsible for the reinstallation of software/data.

(7) Refund in the event of replacement delivery: If the customer receives a replacement product by way of subsequent performance, he is obliged to return the defective product. In the event of a replacement delivery, a consumer does not have to pay any compensation for the use of the defective goods. For a loss of the goods that did not occur as a result of the defect or a culpable deterioration of the goods (which goes beyond the intended use), the customer shall pay compensation in accordance with the statutory provisions.

(8) Withdrawal and reduction: If the subsequent performance fails within a reasonable period of time, the customer may withdraw from the contract or reduce the purchase price at his discretion.

(9) Statute of limitations: The statutory warranty is two years from the date of delivery of the goods. We would like to point out that the restrictions mentioned in paragraphs (2) and (3) do not restrict your statutory rights if the defect already existed at the time of delivery of the goods.

Liability

(1) Unlimited liability: BSS Breitenbücher Streaming Service is liable without limitation for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty. BSS Breitenbücher Streaming Service is also liable without limitation for other damages based on an intentional or grossly negligent breach of duty or malice.

(2) Limited liability in the event of cardinal obligations: In the event of slight negligence, BSS Breitenbücher Streaming Service shall only be liable if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In this case, liability is limited to the foreseeable damage typical for the contract.

(3) Exclusion of liability: Liability is excluded for other damages caused by slight negligence due to a defect in the object of purchase or other breaches of duty.

(4) Data loss: Since the customer is responsible for backing up data (as described in the defect regulation under paragraph 5), BSS Breitenbücher Streaming Service is not liable for the loss of data, unless the loss was caused by gross negligence or intent on the part of BSS Breitenbücher Streaming Service. Liability is also limited to the effort that would have been necessary for the restoration if the data had been properly backed up by the customer.

(5) Personal liability: Insofar as the liability of BSS Breitenbücher Streaming Service is excluded or limited, this also applies to the personal liability of the legal representatives, employees and vicarious agents.

(6) Product Liability Act: Liability under the Product Liability Act remains unaffected by the above provisions.

Applicable law

(1) The contract concluded between you and BSS Breitenbücher Streaming Service is subject exclusively 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

(1) If, contrary to the information you provided when you placed your order, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after the conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes is the court with jurisdiction at the registered office of our company. In all other respects, the statutory provisions on the place of jurisdiction apply to consumers; a deviating agreement of the place of jurisdiction to the detriment of the consumer is not permitted.

Dispute settlement

(1) General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged and are not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Right of withdrawal

(1) Consumers have a statutory right of withdrawal. Details can be found in our cancellation policy.

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. The invalid points shall be replaced by the statutory provisions, if any.

(2) Changes or additions to this contract must be made in text form (e.g. e-mail). This also applies to the amendment of this formal clause.

(3) If these terms and conditions of sale are made available in another language (e.g. English) in addition to the German language, the translation is only for better understanding. In the event of difficulties of interpretation, contradictions or discrepancies between the German version and the translation, only the German version shall prevail.