These are the General Terms and Conditions (GTC) of:
Herr Alexander Baster
Elpke 104 C
33605 Bielefeld / Germany
Tel.: +49 . (0)521 . 924 85 - 12
Fax: +49 . (0)521 . 924 85 - 16
Turnover Tax ID No.: DE174729486
§ 1 General information
1.1 Bauelemente Partner 24 (hereinafter referred to as "BEP24") offers building elements, floor installations, infrared heater, electric bicycles and electrical installations via the online shop under the domain www.bep24.com. The goods are exclusively new.
1.2 These GTC apply for the entire business relationship between "BEP24" and the customer.
1.3 Customers as defined in these conditions of sale are consumers as well as entrepreneurs.
1.3.1 A consumer is a natural person with whom business relations have been entered into and who acts for a purpose which can neither be attributed to their commercial nor to their independent self-employed activities.
1.3.2 Entrepreneur as defined in these GTC is a natural person or legal entity or partnership with legal capacity with whom business relations have been entered into and who acts in their commercial or their independent self-employed capacity.
§ 2 Conclusion of a contract
2.1 The products and services listed within the online shop do not represent binding offers by "BEP24". On the contrary, the offers represent requests to the customer to submit a binding offer to "BEP24".
2.1.1 Pictures of products as well as drawings or illustrations are only to be understood as approximate product descriptions.
2.1.2 The products listed within the online shop, in particular electronic components and equipment, meet the requirements of the German market (voltage 230 volts; connections according to German standards; CE- Certification).
2.2 With the order - whether by written, telephone, or electronic - the customer firmly submits his contract offer. "BEP24" shall confirm receipt of this order in the Internet vis-a-vis the customer without delay. To this extent, however, this does not represent acceptance of the order; this may, however, be combined with the declaration of acceptance.
2.3 "BEP24" is entitled to accept the contract offer of the customer within three working days of receipt of said offer. Acceptance may be declared either by explicit notification or by delivery of the goods.
2.4 "BEP24" accepts no procurement risk and reserves the right to release itself from its obligation to fulfil the contract in the event that "BEP24" should not be supplied correctly or properly by outside suppliers. In the event of the non-availability or only partial availability of the goods or services, "BEP24" shall inform the customer without delay; in the event of withdrawal, the counter-performance shall be refunded to the customer without delay.
2.5 All products we sell only in customary quantities. This applies both to the order of a product in a single order as well as for multiple orders of the same product, which are delivered in close temporal association.
§ 3 Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day
If more than one of the above alternatives are present, the withdrawal period starts to run only from the day on which you acquire, or a third party other than the carrier an indicated by you acquires, physical possession of the last good or of the last lot or piece.
To exercise the right of withdrawal, you must inform us:
Herr Alexander Baster
Elpke 104 c
Tel.: +49 521 92 48 512
Fax: +49 521 92 48 516
of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, fax or e-mail).
You may use the Model withdrawal form>>. But it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effect of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
In case of goods, by their nature, can normally be returned by post, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods, by their nature, can normally be returned by post or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will collect the goods, by their nature, cannot normally be returned by post. You will have to bear the direct cost of returning the goods.
For goods, that by their nature cannot normally be returned by post, the cost is estimated at a maximum of 115,00 EUR (returns within Germany), or 250,00 EUR (returns from abroad). You will have to bear the direct cost of returning the goods.
Your are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to distance contracts
The right of withdrawal expires prematurely with regards to distance contracts
§ 4 Prices, delivery and shipping costs
4.1 The prices listed within the online shop are final prices. Accordingly, they include all price components, including any taxes due. Payable delivery and shipping costs are not included in the purchase price. For the dispatch of the goods within Germany as well as abroad, shipping costs are therefore payable; these are also to be borne by the buyer.
4.2 Delivery within Germany (mainland only) is free of charge.
4.3 Deliveries outside Germany, but within the EU
4.4 The shipping charges apply per order in one complete delivery, unless otherwise agreed. Please note that additional charges for partial deliveries can occur.
§ 5 Terms of payment
5.1 Unless otherwise agreed, the customer can choose from among the payment methods designated in the online shop, including advance payment by
5.2 The customer must pay the purchase price plus any costs for delivery and shipping at the latest 10 days after receipt of the demand for payment; receipt of payment by "BEP24" is decisive here. After the time limit has expired without receipt of payment, the customer is in default of payment without any further statement having to be made by the vendor.
§ 6 Right of retention
The customer may only claim a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 Terms of delivery and shipment
7.1 Unless otherwise specified, the goods shall be delivered against advance payment and by mail. The goods shall be dispatched at the latest three working days after receipt the purchase price plus shipping costs to be paid by the customer have been received by „BEP24“.
7.2 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to him as soon as the shipment has been handed over to the person responsible for transportation.
7.2.1 With consumers, the risk of accidental loss and accidental deterioration of the goods in the event of mail-order purchase shall pass to the consumer when the goods are handed over to the consumer.
7.2.2 With respect to the assumption of risk, the terms are identical with those of handover if the customer defaults in accepting the delivery of goods.
7.3 The customer assures that he has given the correct and complete delivery address with his order. If additional shipment costs should be incurred on account of incorrect address data, for example if the shipment costs are incurred once more, these costs must be paid by the customer.
7.4 Unless otherwise specified, delivery shall be effected free kerbside.
§ 8 Retention of title
"BEP24" shall retain ownership of the goods until full payment has been made. If the customer should be an entrepreneur, "BEP24 shall retain ownership of the goods until all claims to which it is entitled against the buyer arising from the business relationship have been met.
§ 9 Warranty
9.1.1 If the customer is a consumer, he is entitled to subsequent performance if the goods are defective. This means that the consumer can choose between rectification of the defect or delivery of defect-free goods. "BEP24" is entitled to reject the chosen type of subsequent performance if this is only possible at an unreasonable price.
9.1.2 If subsequent performance fails, the customer, provided he is a consumer, can, at his discretion, demand reduction of the purchase price (abatement), withdrawal from the contract, damages or compensation for wasted expenditures, in accordance with statutory provisions.
9.2.1 If the customer is an entrepreneur, he must advise "BEP24" of obvious defects within 14 days of receipt of the goods, otherwise no warranty claims can be accepted. Notice of defects must be given in text form, that is, it must be sent to "BEP24" for example by letter, fax or e-mail. To meet the time limit, timely dispatch of the notice of defects is sufficient.
9.2.2 If the customer should be entitled to warranty claims, provided he is an entrepreneur, subsequent performance can be effected by rectification of the defect or through the delivery of new goods, at the discretion of "BEP24".
9.2.3 If and when the customer, regardless of whether consumer or entrepreneur, fails to realise, either through wilful intent or negligence, that the merchandise is in fact not defective or that the defect which has been determined cannot have occurred in an area under the control of "BEP24" and nevertheless asserts rights under warranty, it is obligated to reimburse "BEP24" for any and all costs incurred as a consequence of the unjustified request for remedy of defects.
9.3.1 The period of limitation for the rights of a consumer in the event of defects in new goods is two years, for the rights of an entrepreneur one year, in each case from the delivery of the goods.
9.3.2 An entrepreneur has no warranty claims with respect to used goods; this also applies for defects that have occurred after conclusion of the contract but before the passage of risk.
9.4 The products marketed by "BEP24" should be installed only by suitably qualified companies, and not by unqualified persons. If the products are not installed and/or used correctly, no claims can be accepted from any (manufacturer's) guarantee. No liability or warranty can be accepted for damage or defects resulting from incorrect installation and/or incorrect use of the sold products.
§ 10 Damage in transit
In the event of damage in transit, the customer shall support "BEP24" to the best of his ability, if claims are to be asserted against the transportation company or transportation insurance company concerned.
10.1 If the (partial) loss or damage is not externally apparent, the customer must advise "BEP24" of this within five days of delivery or the transportation company within seven days of delivery, in order to ensure that any claims against the transportation company are asserted in good time.
10.2 Any rights and claims by the customer, in particular his rights in the event of defects in the goods, remain unaffected by the provisions of § 11.1 of these GTC. For this reason, these do not contain any term of preclusion for the rights of the customer in accordance with § 9 of these GTC.
§ 11 Final provisions
11.1 The relations between the parties to the contract are governed by the laws applicable in the Federal Republic of Germany. For customers who conclude contracts concerning the delivery of movables for a purpose that cannot be assigned to the professional or commercial activity of the consumer, this choice of legal system only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer has his normal place of residence.
The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.
11.2 If the customer is a businessman, a legal entity under public law or a separate estate under public law, the place of fulfilment and jurisdiction for all disputes arising from this contractual relationship is the business location of "BEP24". The same applies in the event that if the customer is an entrepreneur, he should have no general place of jurisdiction in Germany, or in the event that the normal place of residence at the time of the filing of a suit is unknown. In these cases, the sole place of jurisdiction for all disputes arising from this contractual relationship is also the business location of "BEP24". This does not affect the authorisation to call a court at a different statutory place of jurisdiction.
§ 12 Option to save and view contract texts
The GTC can be viewed in the online shop on the detail page "GTC" at all times, the link "GTC" can be found at the bottom of the online shop. There is an option to save or print the GTC.
Current status: May 2018
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Herrn Alexander Baster
Elpke 104 c
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate