Terms of service

General terms and conditions for entrepreneurs according to § 14 BGB (Federal Law)

BCT - B2B Shop

§ 1 Scope, Contractual Language, Contractual Partner

(1) The present General Terms and Conditions (GTC) shall apply to the contracts concluded between you and us through the online store at www.bct-technology.shop. We do not recognize any deviating or additional terms and conditions of business or purchase of our customers.

(2) The language available for the conclusion of the contract is exclusively German.

(3) We address our offers in the online store at www.bct-technology.shop only to legal entities under public law, associations and traders, i.e. entrepreneurs according to § 14 BGB. Consumers in the sense of § 13 BGB are excluded from the conclusion of a contract according to the conditions mentioned below.

§ 2 Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

§ 3 Conclusion of contract, price presentation

(1) The presentation of goods, software and services (hereinafter referred to as "Products") in our online store does not constitute a legally binding offer, but an invitation to order.

(2) The prices stated by us are prices plus value added tax. The shipping costs are shown separately with the respective products as well as in the order overview.

(3) By clicking the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase the product displayed in the order overview. Immediately after sending the order, you will receive an order confirmation. This informs you that the order has been received (confirmation of receipt). The purchase contract, i.e. the acceptance of your contractual offer, is concluded by the dispatch of the ordered product, with the exception of the payment method "PayPal" or "Credit Card". If we hand over the product to a logistics service provider, you will receive a shipping confirmation, which also represents the acceptance of your contract offer. If you choose the payment method prepayment, your contract offer is accepted when we send the confirmation of receipt. If you choose the payment method PayPal or credit card, the contract is already concluded by clicking the "Order for payment" button.

(4) If individual products are not available at the time of the order, we reserve the right to refuse the customer's order.

(5) You can select products for purchase in our online store by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After you have selected the items in the shopping cart and entered all the necessary order and address data, the main item details, including any costs incurred, will be displayed again in summary form. Up to this point, you can correct your entries or refrain from declaring the contract. A binding offer within the meaning of paragraph 2 shall only be made by subsequently pressing the button "Order subject to payment".

(6) We reserve the right to contest the purchase contract in the event of errors, e.g. incorrect pricing, etc.

(7) The data required for the execution of the contract between you and us will be stored by us and will be accessible to you at any time. In this respect we refer to our privacy statement.

§ 4 Software
You are granted a non-exclusive and non-transferable user right to the programs and the associated documents and subsequent supplements for internal use with the products for which programs are supplied. All other rights to the programs and to the documentation, including copies and subsequent supplements, shall remain with us. You must ensure that these programs and documents are not accessible to third parties without our prior consent. Copies may only be made for archival purposes as a substitute or for troubleshooting. The transfer of source programs requires a separate written agreement. If the originals bear a note indicating copyright protection, you must affix this note to the original. Unless otherwise agreed, the right of use shall be deemed granted upon order delivery and delivery of the programs, documentation and subsequent supplements. Modifications of the programs are not permitted; if programs modified by you are used, our company shall not be liable for any damage.
Be aware that, according to the present state of technical development, errors in software cannot be completely excluded. You will examine the software immediately after delivery and notify us in writing without delay of any obvious errors. We warrant that the software essentially corresponds to the description in the documentation or the specifications in the order confirmation with regard to its functionality. In addition, we do not warrant any particular characteristics of the software or its suitability for customer purposes or needs. We shall not be liable for the recovery of data unless we have caused its destruction by gross negligence or deliberately and you have ensured that such data can be reconstructed from the data material held in machine-readable form with reasonable effort.


§ 5 Correction notice
As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired number of items at any time or remove selected goods or services completely. If you have placed goods or services there, clicking on the "Proceed to checkout" button will take you to a page where you can enter your data and then select the shipping and payment method. In the "Order summary" overview, you can check the billing and delivery address, shipping method and payment method and change them if necessary. If you want to cancel the ordering process completely, you can also simply close your browser window. Before clicking the "Order with obligation to pay" button, you must confirm by ticking a checkbox that you have read and accepted these terms and conditions and are not a consumer as defined by § 13 BGB. After clicking the confirmation button "Order with obligation to pay" your declaration becomes binding in the sense of § 3 para. 3 of these GTC.

§ 6 Collection, storage and processing of your personal data
(1) You can order goods or services in our online store as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, but you can simply log in to your user account before or during an order with your e-mail address and the password freely chosen by you during registration.
(2) For the execution and processing of an order we need the following data from you:
- First and last name
- Company name/company name/name of public institution
- Email address
- Billing address
- Delivery address (if different)
- Sales tax ID
- Telephone number (for order-related queries)
(3) To create a user account, we require the data mentioned in paragraph 2 as well as a password freely chosen by you.
(4) We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), for example, for the delivery of goods to the address provided by you. When paying in advance, we also use your bank details for payment processing. Any further use of your personal data for the purposes of advertising, market research or the design of our offers requires your express consent.
(5) The data you provide will remain stored in your user account until you delete it yourself. In addition, or in the event that you only order or book as a guest without creating a user account, we will only store your data within the scope of our obligations under tax and commercial law.
(6) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging into your user account.

§ 7 Terms of payment
(1) We offer the following payment options:
- Credit card
- PayPal
(2) The purchase price is due immediately upon conclusion of the contract, unless otherwise stipulated below.
(3) The minimum order value per order is 100 EUR net. This minimum order value also applies to repeat orders or desired partial deliveries within Germany.
(4) In case of prepayment by bank transfer, payment is due within 10 days after receipt of the order confirmation, unless a later due date has been agreed upon.
(5) If you have selected PayPal as payment method, the payment will be processed by the payment service provider PayPal (Europe) S.àr.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"). In this case, the GTC of PayPal shall also apply.

§ 8 Retention of title
The product remains our property until full payment. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.

 
§ 9 Terms of Delivery, Default of Acceptance, Cancellation
(1) We shall deliver the product in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice. Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging).
(2) A revocation (cancellation) of an order is excluded.

§ 10 Warranty for purchases of goods, obligation to inspect
(1) If the goods purchased and delivered in our online store are defective, you are entitled to demand subsequent performance within the scope of the statutory provisions. At our own discretion, we may decide to remedy the defect (by rectification or repair), or to make a replacement delivery or recreate the defect-free subject of the contract. If the supplementary performance fails, you shall be entitled, at your own choice, to demand withdrawal from the contract or a reduction in the purchase price.
(2) Your claims for defects shall be subject to the condition that you have duly complied with your obligations to inspect the goods and to give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). You are obliged to inspect the delivered product after delivery or handover and to report any defects without delay and no later than 7 days after receipt. If you fail to do so, the goods shall be deemed to be free of defects, unless it is a defect that was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved also in view of this defect.

§ 11 Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we shall not be liable for the constant and uninterrupted availability of our online trading system.

§ 12 Final provisions
(1) These terms and conditions are complete and final. Changes and additions to these terms and conditions must be in writing.
(2) The place of jurisdiction for all disputes is Willstätt.
(3) We draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr. Our email address is shop@bct-technology.com. We point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.