General terms and conditions with customer information
b-cube GmbH
Möhnestraße 56
59929 Brilon
Germany
Phone: +49 2961 96809-10
Fax: +49 2961 96809-20
E-Mail: [email protected]
Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain specifications of the customer
9. Special conditions for assembly/installation services
10. Applicable law
11. Place of Jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution
14. Data usage & tracking
1) Scope of application
1.1 These general terms and conditions (hereinafter referred to as "GTC") of b-cube GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail, mail or online contact form.
2.3 The Seller may accept the Customer's offer within five days - by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or - by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or - by requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment shall 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 (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 For the conclusion of the contract, the German and English languages are available.
2.8 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of revocation can be found in the Seller's instructions on revocation.
3.3 The right of revocation does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.4 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer needs to have an online banking account that has been activated for participation in "SOFORT", to legitimize himself accordingly during the payment process and to confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the "SOFORT" payment method can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service "mollie" is selected, the payment shall be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/gb/.
4.7 If a payment method offered via the payment service "VR Payment" is selected, the payment shall be processed via the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: "VR Payment"). The individual payment methods offered via VR Payment are communicated to the customer in the seller's online store. For the processing of payments VR Payment may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "VR Payment" is available on the Internet at https://www.vr-payment.de/onlinehandel#article-878.
4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller authorizes to collect receivables on his behalf. PAYONE GmbH collects the invoice amount from the specified credit card account of the customer. The credit card will be charged immediately after the customer's order has been sent to the online store. The seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method credit card payment is selected via PAYONE GmbH.
4.9 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information and the terms and conditions of Klarna in this regard can be found in the payment information of the seller, which can be viewed at the following Internet address: https://www.b-cube.com/en/Customer-Service/Payment-options/.
5) Delivery and shipping terms
5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 In case of goods delivered by freight forwarding, the delivery shall be made "free curbside", i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online store and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the case of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's instructions on revocation shall apply to the costs of returning the goods.
5.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Contrary to this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in case the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours indicated by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
6) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. To the contrary, the following shall apply in the case of contracts for the delivery of goods:
7.2 If the Customer is acting as an entrepreneur, - the Seller shall have the choice of the type of subsequent performance; - in the case of new goods, the limitation period for defects shall be one year from delivery of the goods; - in the case of used goods, the rights and claims due to defects shall be excluded; - the limitation period shall not start anew if a replacement delivery is made within the scope of liability for defects.
7.3 If the Customer is acting as a consumer, the following shall apply to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects shall be one year from delivery of the goods if this was expressly and separately contractually agreed between the parties and the Customer was specifically informed of the reduction of the limitation period before submitting its contractual declaration.
7.4 The above-mentioned limitations of liability and shortening of time periods shall not apply - to claims for damages and reimbursement of expenses of the Customer, - in the event that the Seller has fraudulently concealed the defect, - to goods which have been used in accordance with their customary use for a building and have caused its defectiveness, - to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.5 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.6 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.7 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer.
8.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims of third parties which these may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. In this regard, the customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Special Terms and Conditions for Assembly/Installation Services
If, according to the content of the contract, the Seller, in addition to the delivery of the goods, is also responsible for the assembly or installation of the goods at the Customer's premises and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply:
9.1 The Seller shall perform its services at its own discretion or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall have no claim to the selection of a specific person to perform the desired service.
9.2 The Customer shall provide the Seller with the information required for the provision of the owed service in a complete and truthful manner, insofar as the procurement thereof does not fall within the scope of the Seller's duties according to the content of the contract.
9.3 The Seller shall contact the Customer after the conclusion of the contract in order to arrange a date for the owed service with the Customer. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant facilities of the Customer on the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the assembly work has been completed and the goods have been handed over to the customer.
10) Applicable law
10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the foregoing cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
12) Code of Conduct - The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
14) Data usage & tracking
14.1 Server-side tracking - We use server-side tracking to ensure the functionality and security of our web services and to better understand the use of our website and services. This technology allows us to record user interactions more accurately, minimise data loss and ensure more reliable data collection. The data collected is processed exclusively in accordance with our privacy policy.
14.2 Use of customer data for social media - We use customer data to place personalised advertising on social media platforms such as Pinterest, Meta (Facebook, Instagram) and Google services (e.g. Google Ads, YouTube). The data used here includes, for example, email addresses or interactions on our website. This data is transmitted in encrypted form (‘hashing’) in order to show you relevant content and offers. You have the option to object to the use of your data for this purpose at any time (see privacy policy).