General Terms and Conditions

of
BEKA Heiz- und Kühlmatten GmbH
Pankstr. 8
13127 Berlin

Phone:030 474 114 31
E-Mail: infobeka-klimade

for the online shop at https://flexiro.de/

(hereinafter the supplier)

 

1.    Scope

1.1    The services of the Supplier for the online shop at the above URL are provided exclusively on the basis of the following General Terms and Conditions in their version valid at the time of the order.

1.2    These General Terms and Conditions apply exclusively. Any general terms and conditions of the Customer which deviate from these General Terms and Conditions shall not be valid unless the Supplier expressly agrees to them.

2.    Conclusion of contract

2.1    The offers of the Supplier at the above URL represent a non-binding invitation to the Customer to order goods. By submitting the order (clicking on the button "Buy Now") on the Supplier’s website, the Customer submits a binding offer to conclude a contract.

2.2    The confirmation of the receipt of the order follows immediately after sending the order and does not constitute an acceptance of the contract. The Supplier may declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or by the Supplier delivering the ordered goods, whereby the receipt of the goods by the Customer is decisive, or by the Supplier, who asks the Customer to pay after the order (e.g. in the event of PayPal payment). If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. If the Supplier does not declare acceptance within the above period, this is considered a rejection, with the consequence being that the Customer is no longer bound to its declaration of intent.

2.3    When submitting an offer via the Supplier's online order form, the text of the contract is stored by the Supplier and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer's order has been sent together with these General Terms and Conditions. Storage of the contract text beyond that does not take place. 

2.4    Before the binding submission of the order via the online order form of the Supplier, the Customer can continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.5    Only German is available for the conclusion of the contract. 

3.    Right of withdrawal

Consumers generally have a right of withdrawal. You can find more detailed information on the right of withdrawal in the Supplier’s Cancellation policy.
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose only residence and delivery address is outside the European Union at the time of the conclusion of the contract. 

4.    Payment, default

4.1    The prices listed on the Supplier's website at the time of the order are valid. All prices include the legal value added tax and are exclusive of the respective listed shipping costs. 

4.2    The payment of the purchase price is possible by bank transfer/advance payment, by immediate transfer via Klarna's service, via PayPal or cash on delivery. If advance payment has been agreed, payment is due immediately after conclusion of the contract. If the payment method "immediate transfer" (Klarna) is chosen, the payment will be processed by Klarna's payment service, Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, in accordance with Klarna's Terms of Use, which can be found at https://www.klarna.com/sofort/agb/. If the payment method "PayPal" is chosen, the payment is processed by the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal Terms of Use, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 

4.3    If the customer is in default of payment, the Supplier is entitled to demand interest on arrears at a rate of five percentage points above the base rate of the European Central Bank. If the Supplier asserts further damage caused by default, the Customer shall have the opportunity to prove that the damage caused by default has not occurred at all or has occurred to a lesser extent.

5.    Retention of title

In relation to consumers, the Supplier reserves the right of ownership of the goods delivered until full payment of the purchase price due. 

5.1    With regard to businesses, the Supplier reserves the right of ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. 

5.2    If the Customer is a business, it is entitled to resell the reserved goods in normal business transactions. The Customer assigns to the Supplier in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The Customer remains entitled to collect these claims even after the assignment. The Supplier's right to collect the claims itself remains unaffected by this. However, the Supplier will not collect the claims as long as the Customer meets its payment obligations to the Supplier, is not in default of payment and no application for the opening of insolvency proceedings has been filed. 

6.    Delivery

6.1    The delivery times can be viewed on the website. The Supplier points out possible deviating delivery times on the respective product page. The beginning of the delivery time indicated by the Supplier presupposes the timely and proper fulfilment of the Customer's obligations, in particular the correct indication of the delivery address in the context of the order.

6.2    If the Supplier is not able to deliver the ordered goods through no fault of its own because the Supplier's supplier does not fulfil its contractual obligations, the Customer will be informed immediately that the ordered goods are not available. In this case both the Supplier and the Customer are entitled to withdraw from the contract. Any consideration already paid by the contracting partner will be refunded immediately. The statutory claims of the Customer remain unaffected.

6.3    In the case of businesses, the risk of deterioration or loss of the goods shall pass to the Customer when the delivery item is handed over to the transport company. If the handover or dispatch is delayed for reasons for which the Customer is responsible, the risk shall pass to the Customer on the day of notification that the delivery item is ready for dispatch.

7.    Default of acceptance

7.1    If the Customer is in default of acceptance or if it culpably violates other obligations to cooperate, the Supplier is entitled to demand compensation for the damage incurred by it in this respect, including any additional expenses. The right to assert further claims is reserved. This does not apply if the Customer makes effective use of its right of withdrawal, if it is not responsible for the circumstance that led to the impossibility of delivery or if it was temporarily prevented from accepting the service offered, unless the Supplier had previously informed it appropriately about the service.

7.2    The purchase price shall bear interest during the period of default. The arrears interest rate is five percentage points above the base rate per year. For legal transactions between businesses, the interest rate is nine percentage points above the base rate.

7.3    The Customer shall have the right to prove that no damage in the amount claimed or at least substantially less damage has been incurred. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Customer at the point in time at which the Customer defaults on acceptance or payment.

8.    Warranty

8.1    If there is a defect in the purchased item, the provisions of the statutory liability for defects shall apply. Deviating from this, the statutory liability for defects applies: 

8.2    For businesses 

-    an insignificant defect does not in principle justify any claims for defects;
-    the choice of the type of supplementary performance is left to the Supplier;
-    the limitation period for defects in new goods is one year from the transfer of risk; 
-    for used goods, rights and claims due to defects are generally excluded;
-    the limitation period does not begin to run again if a replacement delivery is made within the scope of liability for defects. 

8.3    The above limitations of liability and the shortening of the limitation period do not apply 

-    for items which have been used for a building in accordance with their normal use and have caused its defectiveness,
-    for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the Supplier or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Supplier, for other damages, which are based on an intentional or grossly negligent breach of duty of the Supplier or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of the user, as well as in the event that the Supplier has fraudulently concealed the defect. 

8.4    For businesses, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. 

8.5    If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial duties of examination and notification of defects according to § 377 HGB shall apply. If the Customer does not comply with the obligations to give notice of defects regulated therein, the goods shall be deemed approved. 

8.6    If the Customer acts as a consumer, it is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the Supplier thereof. If the Customer does not comply with this, this has no effect on its legal or contractual claims for defects. 

9.    Liability

9.1    The Supplier is liable to the Customer from all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows 

9.1.1    The Supplier is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability, for example under the Product Liability Act. 

9.1.2    If the Supplier negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in the previous paragraph. Essential contractual obligations are obligations which the contract imposes on the Supplier according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely. 

9.1.3    Any further liability of the Supplier is excluded. 

9.1.4    The above liability regulations also apply with regard to the liability of the Supplier for its vicarious agents and legal representatives. 

9.2    The Customer releases the Supplier from all claims of third parties - including the costs of legal defence in their legal amount - which are asserted against the Supplier due to illegal or contractually contrary actions of the Customer.

10.    Data protection

The Supplier treats personal data confidentially and according to the legal data protection regulations. This data will not be passed on without the express consent of the person concerned or only within the context of the necessary contract processing, e.g. to the companies entrusted with the delivery of the goods. Further details can be found in the Supplier’s Privacy policy.

11.    Final provisions

11.1    The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in the consumer being deprived of mandatory consumer protection standards.

11.2    If the Customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the Supplier is responsible, unless an exclusive legal venue is established for the dispute. This also applies if the customer is not resident within the European Union. The registered office of the Supplier can be found in the section of these terms and conditions. 

11.3    If any provision of this agreement is or becomes invalid or unenforceable, the remaining provisions of this agreement shall remain unaffected.

12.    Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission offers a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The Supplier is neither willing nor required to participate in a procedure for the settlement of consumer disputes according to the CDBG.
You will find the Supplier's email address at the start of these General Terms and Conditions. 

Version: August 2020