General Terms and Conditions
Bus-Profi Gebäudeleittechnik GmbH for the online shop
1. Scope of Application
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and business customers.
For Germany:
Consumers within the meaning of Section 13 of the German Civil Code (BGB) are any natural persons who enter into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
For Austria:
In the following terms and conditions, the term “consumer” refers to a “Konsument” within the meaning of the Austrian Consumer Protection Act (KSchG).
Entrepreneurs are all natural or legal persons who are not consumers.
For business customers, the following applies:
If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Bus-Profi Gebäudeleittechnik GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer to purchase the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
We accept your offer within two days by:
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sending an order confirmation in a separate email, or
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dispatching the goods, or
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where applicable, processing the payment transaction via our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).
The relevant alternative depends on which of the listed events occurs first.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German.
We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login area.
4. Delivery Conditions
In addition to the stated product prices, shipping costs will be charged. Further details regarding the amount of shipping costs can be found in the respective offers.
You generally have the option to collect your order from Bus-Profi Gebäudeleittechnik GmbH, Wilhelm-Busch-Str. 4, 30938 Großburgwedel, Germany, during the following business hours: by appointment only.
5. Payment
The following payment methods are generally available in our shop:
Advance Payment
If you select advance payment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided during the ordering process.
PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.
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PayPal
To pay the invoice amount via PayPal, you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. -
Credit Card via PayPal
Your card will be charged by PayPal after the goods have been dispatched. -
Direct Debit via PayPal
Payment by direct debit via PayPal requires an address and creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). The account debit takes place before the goods are dispatched. -
Purchase on Account via PayPal
Purchase on account via PayPal requires an address and creditworthiness check and is made directly to PayPal.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. No voluntary right of withdrawal is granted to entrepreneurs.
7. Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, the following additionally applies:
We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You are permitted to resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance in the amount of the invoice value, regardless of whether the retained goods are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. At your request, we will release securities to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport Damage
For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately and contact us without delay. Failure to report or contact us has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, this helps us to assert our own claims against the carrier or transport insurer.
For entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Liability for Defects
For consumers:
The statutory warranty rights apply.
For entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory warranty rights apply. The following limitations and reductions of limitation periods do not apply to claims for damages caused by us, our legal representatives, or vicarious agents:
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in the event of injury to life, body, or health
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in cases of intentional or grossly negligent breach of duty and fraudulent intent
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in the event of breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
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within the scope of a guarantee promise, if agreed, or
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insofar as the scope of application of the Product Liability Act is opened.
Limitations for entrepreneurs
For entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed agreements on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out with the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a BGB remain unaffected.
Regulations for merchants
For merchants, the duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and Customer Service
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
10. Liability
We shall be liable without limitation for claims arising from damages caused by us, our legal representatives, or vicarious agents:
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in the event of injury to life, body, or health,
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in cases of intentional or grossly negligent breach of duty,
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in the case of guarantee promises, if agreed, or
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insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations (cardinal obligations) through slight negligence by us, our legal representatives, or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have subjected ourselves to the following codes of conduct:
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
13. Final Provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
GTC created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.