Your contract partner
BBCaps e.K.
Represented by Thomas H. Wenz (CEO)
Oedwieser Weg 14
84082 Laberweinting
Germany
HRA 7126 / Register court Straubing
VAT-ID: DE 812 59 7097
General Terms and Conditions (GT&C) and Consumer Notice BBCaps e.K.
Note: This is a translation of the original German version. In case of dispute, the German version in the current version always applies
Dispute resolution for consumers
We always try to reach an agreement with our customers and third parties. Please use our service contact at info@bbcaps.de or our other specified service contact options. You can also simply call us. Of course, you retain your rights without restriction even if you do not call us.
The European Commission maintains a platform for online dispute resolution (OS) with further information, which is available on the Internet under the link https://ec.europa.eu/consumers/odr. We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.
1. Validity, Terms
1.1 We deliver on the basis of the following General Terms and Conditions, which form the basis of the contracts on the basis of the offers on our Internet store page.
1.2 If these Terms and Conditions refer to consumers, these are natural persons according to the legal regulation (§ 13 BGB), for whom the purpose of the order cannot be predominantly attributed to a commercial or independent professional activity. In Austria, legal entities can also be consumers. According to the legal regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Customers in the sense of these Terms and Conditions are both consumers and entrepreneurs.
1.3 If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and weekends and public holidays at our registered office. 24.12. and 31.12. (Christmas Eve and New Year’s Eve) shall be treated as public holidays.
2. Storage of contract text, my account
2.1 The text of the contract will be stored by us, but for security reasons is not directly retrievable by you. We offer for each customer a password-protected direct access (“My account”). Here you can manage your data and view your order data.The customer agrees to treat the personal access data confidentially and
and not to make it accessible to unauthorized third parties.
2.2 These GT&C and the data of your order are presented to you in the ordering process. You can easily archive this information there by either downloading the GT&C and saving the data summarized in the order process using the functions of your browser. Immediately after completing the order, you will receive an automatic order confirmation by mail, which contains all order data as well as the GT&C. You will find the current version of the GT&C on our website.
3. Contractual partner, language and conclusion of the contract
3.1 Your contractual partner is BBCaps e.K.. In our German Internet store at www.bbcaps.de the conclusion of the contract takes place to the terms and conditions here in German or English language.
3.2 The representations in our online store are not legally binding offers, but are merely an invitation to you to submit an offer (so-called invitatio ad offerendum). You make such an offer with your order.
3.3 Orders are accepted exclusively via orders placed in the web store. Telephone orders are not possible.
3.4 Before submitting your order, you have the option of checking and correcting the data you have entered. Immediately after receipt of your order you will receive by e-mail an automatically sent order confirmation.
3.5 A binding contract is already concluded immediately after your order if you complete your order with payment via the payment method PayPal offered by us or by credit card payment.
4. Pricing, shipping costs
4.1 For orders in our online store, the prices listed in the offer at the time of the order shall apply.
listed in the offer. The prices stated are total prices, i.e. they include the applicable statutory value added tax and other price components.
4.2 For shipping within Germany, an additional shipping cost of 7.95 Euros will be charged.
4.3 For shipping to countries outside Germany, an additional 9.95 Euros shipping costs will be charged.
5. Payment, Delivery
5.1 There is no right to payment by direct debit or purchase on account. We offer the following payment options. In principle, you can choose between payment by
Credit Card
- The credit card will be charged immediately after completion of the order.
PayPal
- You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception if necessary guest access). You will receive further instructions on how to get to the payment provider’s page during the ordering process.
5.2 Payment shall be made in Euros. We reserve the right to use a third party for the fulfilment of legal identification and verification obligations and / or for fraud prevention reasons from the buyer appropriate buyer’s data, in particular such evidence that is suitable to verify his identity or suitable to prove his identity or to establish the identity of the beneficial owner. In such cases, we shall be entitled to withhold delivery until such evidence has been provided. If the customer does not cooperate or is unable to present suitable evidence, we shall be entitled to withdraw from a concluded purchase contract, if necessary after setting an unsuccessful deadline. The customer is obliged to provide truthful information.
5.3 We deliver with DHL. Shipments to post office boxes, post-stored shipments or packing stations are not possible. You will receive a message from us when the goods have left our premises. If delivery has not been possible, you will receive a message from the carrier, with the further possibilities.
5.4 Unless otherwise stated on the product page, we deliver the goods within 3 to 6 working days.
5.5 We reserve the right to withdraw from the contract in cases where we ourselves do not receive delivery, if we are not responsible for this non-delivery. In this case we will inform you immediately about the non-availability and refund any advance payment already made – regardless of the method of payment chosen by you – will be refunded immediately.
5.6 The delivery period shall be reasonably extended in the event of strikes and lockouts affecting the delivery as well as other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure. We shall inform the buyer immediately of the beginning and end without delay.
5.7 In the case of entrepreneurs, the risk of accidental loss or accidental deterioration of the goods shall pass in the case of mail order purchase with the delivery of the goods to the carrier or other person or institution designated to carry out the shipment to the buyer.
6. Right of withdrawal for consumers
6.1 Consumers have a right of withdrawal for orders from our online offer.
6.2 In the following, you will receive instructions on the requirements and consequences of the statutory right of withdrawal for mail orders. A contractual granting of rights that goes beyond the granting of rights beyond the law is not associated with this. In particular, the statutory right of withdrawal is not available to commercial resellers.
Right of withdrawal
You have the right to revoke this contract within 1 month without giving any reason. The revocation period is 1 month from the date on which you or a third party named by you, who is not the the carrier, has taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (BBCaps e.K., Ödwieser Weg 14, 84082 Laberweinting, Germany, phone: +49 8772 76 99 e-mail: info@bbcaps.de ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
If you cancel this contract, we will refund to you all payments we have received from you, excluding the delivery costs (with the exception of the additional costs resulting from the fact that of delivery other than the most favorable standard delivery offered by us) without delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we have received the notification of your revocation of this contract. For this repayment the same means of payment that you used for the original transaction, unless we have expressly otherwise with you; in no case will you be charged for this repayment. We can refuse the repayment until we have received the goods back or until you have returned them, whichever is the earlier.
You must return the goods without undue delay and in any case no later than 3 days from the day on which you notify us of the revocation of this contract, send back or hand over the goods to us.
The deadline is met if you send the goods before the expiry of the period of 3 days. We shall bear the costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is if this loss in value is due to handling of the goods that is not necessary to check the quality, properties and functioning of the goods.
7. Retention of title
The goods remain our property until full payment has been made.
8. Warranty and Complaint Management
8.1 In the event of defects in the goods, the customer has a statutory right of liability for defects (warranty).
8.2 We attach great importance to your customer satisfaction. You can contact us at any time via one of the contact ways indicated at the beginning. We will make every effort to examine your request as quickly as possible and will contact you as soon as we receive the documents or your input or complaint. However, please allow us some time, as warranty cases often require the involvement of the manufacturer.
In the case of complaints, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send us copies of the order or at least give us your order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask us. In rare cases e-mails can may have been “stuck” in spam filters at our company or yours, or a message may not have reached you or a message by other means has not reached you or has been omitted by mistake.
9. Data protection notice
Our data protection practice is in accordance with the statutory provisions. Details can be found in our privacy policy.
10. Applicable law, place of jurisdiction
10.1 All legal transactions or other legal relationships with us shall be governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other international conventions, even after their adoption into German law, shall not apply.
This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland the protection granted by mandatory provisions of the law of this provisions of the law of that country shall not be withdrawn.
10.2 In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and cheques place of business is agreed. In this case we are also entitled to sue at any other legal place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.
11. Severability clause
Should individual provisions of these general terms and conditions be wholly or partially or parts of these general terms and conditions are not legally effective or lose their legal effectiveness at a later date, the validity of the remaining terms and conditions shall otherwise remain unaffected. In place of the invalid provisions shall be replaced by the statutory provisions. The same shall apply insofar as the general terms and conditions have an unforeseen gap.