General terms and conditions with customer information of BOS Balance of Storage Systems AG
TABLE OF CONTENTS
1) Scope of application
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. Entrepreneur in the sense 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
3) Right of withdrawal
3.2 More detailed information on the right of revocation can be found in the seller’s revocation instructions.
4) Prices and terms of payment
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the Seller’s reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of revocation. In the event that the Customer effectively exercises his right of revocation, the provision made in the Seller’s revocation instructions shall apply to the costs of return shipment.
5.3 In the case of collection by the Customer, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the Customer can collect the goods at the Seller’s registered office after consultation with the Seller. In this case no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of sale is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office 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. In the above cases, however, the seller is in any case entitled to call upon the court at the customer’s place of business.
10) Alternative dispute resolution
This platform serves as a contact point for the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.