I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (BeROX GmbH) via the blackfiretar.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly 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 or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". you can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order "button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
§ 3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
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Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.The Klarna invoice conditions for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the conditions for the option to extend the payment term can be found athttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
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Instalment purchase ("Financing"): You can find more detailed information on instalment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany, at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms and conditions for the "Pay in 3 instalments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.You can find more detailed information on instalment purchases, including the General Terms and Conditions and the European standard information for consumer credit for Austria, at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; the terms and conditions for the "Pay in 3 instalments" payment option can be found athttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3.
- Direct debit ("Pay Now")
- Credit card ("Pay Now")
- Instant bank transfer ("Pay Now")
You can find more information about Klarna and the Klarna terms of use for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_en/user and https://www.klarna.com/de/.
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
§ 4 Right of retentionretention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full
§ 5 Warranty
(1) The statutory warranty rights apply
(2) as a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims
(3)If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties
§ 6 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2 ) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but 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 or if your place of residence or habitual abode is unknown at the time the action is filed. This does not affect the right to appeal to a court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply
II Customer information
1. Identity of the seller
BeROX GmbH
Harzblick 25
99768 Harztor
Germany
Phone: +4936331505427
Email: shop@blackfiretar.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. the contract language is German.
3.2. the complete text of the contract is not stored by us. Before sending the order via the online shopping basket systemthe contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. the prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. the shipping costs incurred are not included in the purchase price. they can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.
5.3.Costs incurred for money transfer(transfer or exchange rate fees of the credit institutions)shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. the payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. the terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 22.10.2024