§ 1 Scope of application
(1) The following terms and conditions are an integral part of every contract concluded between us, BEROTEC GmbH, Gewerbestr. 13, 75057 Kürnbach, and you via our online store.
(2) The following General Terms and Conditions (GTC) apply exclusively to the business relationship between the supplier and the customer in the version valid at the time of the order. . If the customer is an entrepreneur within the meaning of § 1 para. 3 sentence 2 of these General Terms and Conditions, the following also applies: Deviating General terms and conditions of the entrepreneur are not recognized unless the provider expressly agrees to their validity in writing.
(3) The contractual language is German
(4) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity. Customers in the sense of these GTC are both consumers and entrepreneurs.
§ 2 Conclusion of contract; delivery
(1) The presentation of our goods on our website www.berotec.de does not constitute a binding offer on our part.
(2) We deliver exclusively to Germany, Argentina, Australia, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Hong Kong, Ireland, Israel, Italy, Japan, Canada, Qatar, Croatia, Kazakhstan, Luxembourg, Latvia, Lithuania, Malaysia, Malta, Moldova, New Zealand, the Netherlands, Norway, Austria, Poland, Portugal, Puerto Rico, Romania, Russia, Sweden, Switzerland, Slovakia, Slovenia, Spain, South Africa, South Korea, Taiwan, Thailand, the Czech Republic, the United Kingdom, the United States of America, Ukraine, Hungary and Belarus.
(3) We reserve the right to make a partial delivery if this is reasonable and necessary for a speedy processing.
§ 3 Our liability
For our goods, the statutory rights of liability for defects exist, unless otherwise agreed below:
(1) We shall be liable – regardless of the legal grounds – for damages or compensation for futile expenses in accordance with the following provisions under letter. (a) and (b):
(a) In case of intent and gross negligence we shall be liable without limitation. In the case of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable damage typical of the contract.
(b) Which is derived from letter. (a) resulting exclusions and limitations of liability shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item, for damages resulting from injury to life, body or health, or in the case of liability under the Product Liability Act.
(2) Insofar as liability towards us is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.
§ 4 Retention of title
The goods remain our property until full payment has been received.
§ 5 Consumer arbitration – Notice according to § 36 Consumer Dispute Settlement Act
The European Commission provides a platform for out-of-court online dispute resolution at https://ec.europa.eu/consumers/odr/. We do not take part in dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Protection Act. § 36 VSBG and are not obliged to do so.
§6 Storage of the contract text
(1) The contract text with details of the article is stored by the supplier. The customer has no access to the text of the contract via the Internet. If a user account has been created in the provider’s Internet shop, however, data on completed, open and dispatched orders can be viewed there with the appropriate registration. The text of the contract will also be communicated to the customer in text form in the order confirmation, so that the terms of the contract can be retrieved, printed out or saved in reproducible form.
(2) The general terms and conditions of the provider can be viewed on the website https://berotec.de/terms-and-conditions/?lang=en. You can also print or save this document by using the usual function of your internet browser (“save as” or “print”). You can also download and archive this document in PDF format. To open the PDF file you need the free program Adobe Reader (downloadable at https://www.adobe.com ) or comparable programs that can display the PDF format.