TERMS AND CONDITIONS
BERING Time ApS
- hereinafter referred to as the Vendor –
Article 1 Scope of Application
(1) The services of the Vendor in relation to the Online Shop at www.beringtime.de shall be provided exclusively on the basis of the following General Terms and Conditions of Business, in the version applicable at the time of the order.
(2) Our General Terms and Conditions of Business shall apply exclusively. Any General Terms and Conditions of Business of the Ordering Party that deviate from our General Terms and Conditions of Business shall not apply unless we explicitly agree to these.
Article 2 Conclusion of Contract
(1) Our offers on the Internet represent a non-binding invitation to the Customer to order goods. By sending an order on our website, the Customer shall be considered to make a binding offer for the conclusion of a contract.
(2) The confirmation of receipt of the order shall take place immediately after the order is sent, and shall not yet represent an acceptance of the contract. We shall be entitled to accept your order by sending an acceptance confirmation by email within 2 working days.
Article 3 Payment, Default
(1) The prices listed on our website at the time of ordering shall apply. All prices include the statutory value-added tax and are subject to the additional forwarding costs listed.
(2) It is possible to pay the purchase price using the PayPal service.
(3) If the Ordering Party defaults on payment, we shall be entitled to demand interest for late payment in the sum of 5 percentage points above the basic interest rate of the European Central Bank. In the event that we claim for higher default compensation, the Ordering Party shall be given the opportunity to demonstrate that the damage default for which compensation is claimed either did not occur at all or that at least the sum was substantially lower.
Article 4 Retention of Title
We shall retain the title to the goods delivered until full payment of the purchase price has been made.
Article 5 Delivery
(1) The delivery shall take place within 3-5 days for standard deliveries within Germany. Information regarding delivery times for express delivery, for delivery to other countries, and for calculation of the delivery periods, can be found here Shipping Information. In the event of deviating delivery times, this shall be indicated on the respective product page. The commencement of the delivery time we specify shall be subject to the timely and correct fulfilment of the obligations of the Customer, and particularly the correct specification of the delivery address within the framework of the order.
(2) If through no fault of its own the Vendor is unable to deliver the goods ordered, because the supplier of the Vendor has not fulfilled its contractual obligations, the Customer shall immediately be informed that the goods ordered are not available. Any payments already made by the Contracting Party shall immediately be reimbursed. The statutory rights of the Customer shall remain unaffected.
(3) In transactions with companies, the risk of deterioration or loss of the goods shall be transferred to the Ordering Party upon transfer of the delivery item to the transportation company. If the handover or dispatch is delayed for reasons attributable to the Ordering Party, the risk shall be transferred to the Ordering Party on the date of notification of readiness for dispatch of the delivery item.
Article 6 Delay in Acceptance
(1) If the customer defaults on acceptance or culpably violates other duties of cooperation, we shall be entitled to demand compensation for any damage we incur as a result, including reimbursement of any additional costs.
We reserve the right to assert additional claims.
(2) The purchase price shall be subject to interest during the default. The default interest rate shall be five percentage points above the basic interest rate, per annum. In the case of legal transactions between businesspersons, the interest rate shall be eight percentage points above the basic interest rate.
(3) The Customer shall retain the right to demonstrate that damages either were not incurred in the sum demanded, or at least were substantially lower. The risk of accidental loss or accidental deterioration of the goods purchased shall be transferred to the Ordering Party at the point in time when the latter defaults on acceptance or debts.
Article 7 Warranty
(1) In the event of a defect, the Customer shall be entitled to choose whether the subsequent fulfilment of contract takes place by means of reworking or delivery of a replacement. We shall, however, be entitled to reject the means of subsequent fulfilment selected by the Ordering Party if it is possible only at disproportionate expense, and where the other means of subsequent fulfilment remains without significant disadvantages for the Customer.
(2) If the subsequent fulfilment has failed, or if we have refused the subsequent fulfilment entirely, the Customer shall be entitled to choose between reduction of the purchase price and withdrawing from the contract. Any compensation claims of the Customer shall remain unaffected by this.
(3) If the Customer is a businessperson in the meaning of Article 14 of the German Civil Code (BGB), the following shall be considered to have been agreed in relation to warranty claims of the Customer: Obvious defects shall be reported to the Vendor in writing and immediately, at the latest however within 14 calendar days after the delivery of the goods, and hidden defects shall likewise be reported to the Vendor in writing and immediately, at the latest however within 14 calendar days after their discovery. If the defects are not reported within these periods, the warranty rights of the Customer shall be excluded in relation to the defects not promptly reported. This shall not apply, however, where the Vendor has maliciously concealed the defect and/or has assumed a corresponding guarantee. Warranty claims shall be subject to statutory limitation, except in cases of compensation claims, within one year after the article purchased has been delivered to the businessperson.
Article 8 Limitation of Liability
(1) In the event of slightly negligent violation of obligations, the liability of the Vendor and the vicarious agents of the Vendor shall be limited to the immediate foreseeable average damage typical for the type of contract. In the event of slightly negligent violation of obligations relating to obligations that are not critical to the contract, and which do not jeopardise the implementation of the contract, we and our vicarious agents shall not be liable.
(2) The aforementioned limitations of liability shall not apply in relation to product liability or guarantee claims, or to claims relating to personal injury or damage to health, or to loss of life.
Article 9 Data Protection
We handle your personal data confidentially and in accordance with the statutory data protection regulations. Your data shall not be disclosed without your explicit consent, or only as necessary within the framework of the essential handling of the contract, e.g. to the company entrusted with the delivery of the goods. Any personal information you provide when setting up your customer account and during the ordering process will be SSL encrypted (1024 Bit RSA keys in combination with a triple DES 1024 algorithm) before being transferred to our server. Bank card/credit card details will not be stored. They will be collected, processed, and encrypted by our online payment provider. Secure internet connections are characterised by the URL displayed in the browser bar beginning with “https://...” instead of “http://...” as well as a lock icon shown at the bottom right corner of the browser window.
Article 10 Applicable Law, Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the application of the UN Convention on Contracts for the International Sale of Goods, provided that this selection of law does not deny a consumer access to mandatory consumer-protection standards.
(2) If the Contracting Parties are businesspeople, the court at our registered office in Aabenraa/Denmark shall have jurisdiction, provided that the dispute does not justify an exclusive jurisdiction. This shall also apply if the Customer has no residence inside the European Union.
Article 11 Closing Provision
If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
Article 12 Complaints Procedure
Online dispute resolution according to Art. 14, Paragraph 1 of the ODR regulation: The European Commission provides a platform for online dispute resolution (ODR) which you can find under http://ec.europa.eu/consumers/odr/