Terms of service
§ 1 General
(1) The following general terms and conditions (GTC) apply to all contracts concluded between the company Becopa, owner Daniel Hufenbach, (hereinafter referred to as the Seller) and a consumer or entrepreneur (hereinafter referred to as the Buyer) with regard to the products and services offered in the online shops operated by the Seller.
(2) Consumers within the meaning of these Terms and Conditions are all natural persons as far as they fall under Section 13 of the German Civil Code (BGB). Entrepreneurs within the meaning of these Terms and Conditions are all natural or legal persons as far as they fall under Section 14 of the German Civil Code (BGB).
§ 2 Offer and conclusion of contract
(1) The products presented in the respective online shop do not represent a legally binding offer by the seller, but a non-binding online catalog for the submission of an offer by the buyer. By clicking the final order button "buy now" in the sales process of the online shop or by sending another order (e.g. by letter, fax, email), you submit a binding offer with regard to the goods contained in the shopping cart or other order. The purchase offer is accepted by the seller by confirming the order or by delivering the goods. This concludes the purchase contract. The contract language is German.
(2) It is the buyer's responsibility to ensure that the address details used for the order process, including the email address used, are correct. If the order is placed electronically via the Internet, it is the buyer's responsibility to ensure that possible spam filters do not affect the order process. In particular, the buyer must check the spam folder for possible email access. Any obstruction caused by spam filters on the buyer's side has no influence on the basic conclusion of the contract.
(3) The contract text (your order) is saved. You can view the general terms and conditions (GTC) at any time at www.becopa.de and save them on your computer. The specific order data will be sent to you by email and can also be viewed in the login area when you register.
§ 3 Technical steps and correction options during the ordering process
(1) The individual offers available, including their individual variations, are displayed via the item selection or the shop catalog search. By clicking on the "Add to cart" symbol, the desired item is placed in the virtual shopping cart. The number of items placed in the shopping cart is automatically displayed in the upper symbol of the shopping cart. You can also directly access the items stored in the shopping cart by clicking on the upper symbol of the shopping cart. Here, in a separate tab, you will see an overview of all the items in the shopping cart as well as the options "Checkout" to complete the purchase process or "My shopping cart" to go directly to your shopping cart.
(2) You can then make further purchases, edit your shopping cart or complete the purchase process.
(a) If you would like to purchase additional items, you can return to the home page by clicking on the “Continue shopping” icon and from there you can browse the online shop as usual and place items in your shopping cart.
(b) If you would like to remove individual items from the shopping cart or purchase them in different quantities, you can do this directly in the shopping cart itself. You can do this by changing the quantity displayed in the shopping cart. To do this, enter the desired quantity in the relevant column and then click on the "Update shopping cart" symbol. The updated shopping cart will then be displayed. If individual items are not immediately in stock in the quantity you require, this will be displayed. You can then reduce the quantity again or contact us directly with your request by telephone, email or fax so that the possibility of ordering specific goods from our suppliers can be checked for you.
If you want to delete or remove individual items from the shopping cart, click on the "Remove" symbol in the right-hand column of the shopping cart (small trash can). The item will then no longer be displayed and will no longer be taken into account for your further order process. If, however, you would like to remove all items from the shopping cart, click on the "Empty shopping cart" symbol. The shopping cart will then be completely emptied.
(c) If you do not wish to purchase any further items and do not wish to make any further changes to your shopping cart, use the symbols "direct to PayPal" or "checkout" to complete a binding order. If you choose "direct to PayPal", you will be taken directly to the PayPal website and can complete the purchase by paying using your login details. If you choose a different payment method, the "checkout" symbol will take you to the page where you must enter your necessary data, address details and payment details. Changes can be made using the respective mouse and keyboard functions. At the end, all relevant data will be displayed again in an order overview. Here, too, you have the option of making further changes using the respective mouse and keyboard functions. By finally confirming "buy now", your order becomes binding and the purchase process is completed in accordance with Section 2 of the General Terms and Conditions.
§ 4 Right of Withdrawal
instruction on the right of withdrawal
Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a right of withdrawal in accordance with the following provisions. A consumer in this sense is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier commissioned by you takes possession of the last goods. To exercise your right of withdrawal, you must notify us,
Becopa
Mr. Daniel Hufenbach
Bruno-Bürgel-Weg 18
12439 Berlin
Fax: 030 - 315 675 98
Tel.: 0162 - 474 56 10
Email: info@becopa.de
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 5 Prices
(1) The prices for items or other services stated in the respective online shop are generally final prices, which include all price components including the currently applicable VAT. In addition, further costs may be incurred for shipping or for packaging, freight or cash on delivery charges. Items with free shipping are shown separately.
(2) The prices stated in the shopping cart on our website at the time of the order apply to the respective product prices. Different prices that may be shown on pages loaded from caches (browser cache, proxies) are not current and invalid. Likewise, any different prices on the pages of external providers (e.g. search engines, price comparison sites, or content sites) are not necessarily current and valid. Our shopping cart cannot be cached. Unless expressly agreed otherwise in writing, our prices apply ex shipping location.
(3) You can find an overview of our national and international shipping costs in the shipping costs overview . In individual cases, costs may differ from this, which are based on the weight and size of the items, as well as logistics and insurance costs, which vary depending on the value of the product.
(4) For deliveries to Switzerland or Norway, additional customs duties and fees are incurred upon acceptance of the goods. For deliveries to non-EU countries, additional customs duties and fees are incurred upon acceptance of the goods. Further information can be found at: https://ec.europa.eu/taxation_customs/home_de/ and specifically for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do .
(5) The stated delivery and shipping costs apply to a single delivery attempt. If we make one or more delivery attempts at your express request, you will bear the additional costs incurred. This also applies to the additional delivery and shipping costs incurred due to a requested partial delivery.
§ 6 Payment
(1) Unless otherwise agreed, the Seller's invoices are due immediately without deduction. If the Seller makes advance payments, the purchase price is due 10 days after receipt of the invoice.
The customer can choose from various payment methods that are offered depending on the order amount, the delivery method, the shipping destination and the settings in the customer account. The various options are available in the shopping cart. The customer can pay the purchase price either in advance or by
Purchase on account
Prepayment
Paypal
Amazon Pay
If the buyer defaults on payment, the seller is entitled to demand default interest of 5% above the base interest rate per annum announced by the ECB. We reserve the right to prove and assert higher damages caused by default.
(2) The seller reserves the right, in individual cases or if payment is refused by credit institutions or providers of the respective payment method, to only execute the order against payment by cash on delivery or advance payment. In this case, the customer can accept this or withdraw from his order.
(3) If you choose to pay by credit card, the amount to be collected will appear on your credit card statement as “Becopa Onlineshop - Daniel Hufenbach”. Your account will be debited when you place your order. In the event of an effective cancellation of the purchase (revocation) or justified non-acceptance of the order, the amount booked will be refunded to you immediately by the seller.
(4) If payment by purchase on account via "PayPal purchase on account" is possible for the respective offer or is chosen by the buyer, the following must be noted. In the case of purchase on account via "PayPal purchase on account", we assign the purchase price claim against the respective buyer to PayPal (Europe) S.à rl et Cie, SCA 22-24 Boulevard Royal L-2449 Luxembourg. Your bank or credit card account will be debited when the order is completed. This requires a prior credit check. You agree that a credit check will be carried out by PayPal (Europe) S.à rl et Cie, SCA 22-24 Boulevard Royal L-2449 Luxembourg on the basis of the data provided before accepting the assignment. If sufficient creditworthiness is not guaranteed as a result of the check, we reserve the right to refuse payment on account via PayPal AG. The buyer will then be informed of this as part of the purchase process. If the purchase on account via PayPal invoice purchase is permitted after the credit check, payment with debt-discharging effect is only possible to PayPal (Europe) S.à rl et Cie, SCA 22-24 Boulevard Royal L-2449 Luxembourg. Payment must then be made to PayPal AG within 14 days of receipt of the goods. Irrespective of the assignment of claims, the seller remains responsible for all customer questions arising from the purchase contract such as goods, delivery times, warranty, returns, cancellation, etc., even in the case of purchase on account via PayPal AG.
(5) The customer can only exercise a right of retention if his asserted counterclaim is based on the same contractual relationship. The retention of payments by the buyer due to counterclaims from other contractual relationships is excluded.
§ 7 Delivery, availability, delivery time
(1) Unless otherwise agreed, the goods will be delivered regularly by a shipping service provider commissioned by us, DHL, to the delivery address specified by the buyer during the ordering process.
(2) The goods are ready for dispatch within 24 hours of ordering. The goods will then be dispatched. In the case of payment in advance, dispatch will only take place after receipt of payment.
(3) The goods shown in the shop are available in stock at least 1 piece and can be delivered immediately. Additional quantities that can be delivered can be determined by entering the desired order quantity in the shopping cart; see Section 3 of the General Terms and Conditions for more details. If the desired product quantity is only shown as "on request", the product is not currently in stock for this number. It is possible to reorder. As this may result in longer delivery times, we ask that you contact us in advance so that the corresponding delivery times for the desired quantity of goods can be outlined as precisely as possible in advance.
(4) Should, in exceptional cases, an order not be accepted by the seller because an ordered item is unexpectedly no longer available, we will inform you of this immediately. In this case, we will refund any payments made.
(5) If the buyer is an entrepreneur, delivery shall be subject to self-supply of the goods
§ 8 Retention of Title
(1) All goods delivered by the Seller remain the property of the Seller until full payment and settlement of all claims arising from the delivery contract. This also applies to conditional claims.
(2) If the buyer is an entrepreneur, the seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
(3) If the buyer is an entrepreneur, the following regulations also apply. The customer must immediately report any access by third parties to the goods owned or co-owned by the seller. The customer shall bear the costs for a third-party objection action or costs for an out-of-court release resulting from such interventions. The buyer assigns in full to the seller as security any claims arising from the resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts). The buyer is revocably authorized to collect the claims assigned to us for his own account and in his own name. This direct debit authorization can be revoked if the buyer does not properly meet his payment obligations.
§ 9 Transfer of Risk
(1) The risk of accidental loss and the risk of accidental deterioration of the goods shall pass to the Buyer upon delivery to the Buyer or the person authorized to receive them.
(2) If the buyer acts as an entrepreneur, the risk of accidental loss and the risk of accidental deterioration of the goods in the case of a sale by dispatch shall pass to the buyer upon handover of the goods to the carrier commissioned by the seller.
§ 10 Warranty
(1) The statutory warranty rules apply. We do not provide you with any additional guarantees in the legal sense. Manufacturer guarantees remain unaffected by this.
(2) For consumers, warranty claims expire within 2 years from delivery of the goods. In the case of used goods, warranty claims expire within 1 year from delivery of the goods.
(3) If the buyer is an entrepreneur, the warranty claims expire after one year. Section 478 of the German Civil Code (BGB) remains unaffected by this. If the buyer is also a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial obligation to give notice of defects pursuant to Section 377 of the German Commercial Code applies. If the buyer does not make use of the obligation to give notice of defects or does not make use of it properly in such a case, the goods are deemed to have been approved.
§ 11 Liability
There is no further liability that goes beyond the warranty in Section 10 of the General Terms and Conditions. This particularly applies to damage that did not occur on the subject matter of the contract itself. This does not apply in cases of intent or gross negligence. There is also no exclusion of liability in the event of injury to life, body or health.
If a breach of essential contractual obligations is involved, liability is limited to the contractually typical, foreseeable damage, insofar as this is based on simple negligence.
The limitations of liability also apply to the benefit of the legal representatives of the seller or his vicarious agents, insofar as the respective claims are asserted directly against them. The provisions of the Product Liability Act or any separate guarantee declarations of the seller remain unaffected.
§ 12 Information on online dispute resolution
The EU Commission has provided an internet platform for online dispute resolution (so-called “ODR platform”). The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform can be reached at the following link: http://ec.europa.eu/consumers/odr
§ 13 Copyright
All images, texts or graphics that are inserted into the websites managed by the seller for the individual product descriptions are subject to copyright and other laws protecting intellectual property. In particular, the seller and thus Mr. Daniel Hufenbach, owner of the company Becopa, has the sole copyright and right of use for the product images used for product descriptions. The product images and descriptive texts may not be copied, modified or used on other websites without the prior consent of the seller. This applies in particular for the purposes of advertising, presentation or trade, regardless of whether they are commercial or private. Violations will always be prosecuted. If the use of images and graphics in particular is carried out under a prior or, in the event of a violation, subsequent license (license analogy), the guidelines of the Mittelstandsgemeinschaft für Fotomarketing (MFM) in the currently applicable version will be used as the basis for assessment.
§ 14 Data Protection and Confidentiality
(1) The personal data required for the transaction will be stored electronically in accordance with the Federal Data Protection Act (BDSG) and passed on to the extent necessary to process the order. You can find more information on data protection here .
(2) We save your order data and send it to you by email together with our terms and conditions. You can view your order data in your personal customer account.
§ 15 Final Provisions
(1) All legal relationships between the seller and the respective buyer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the buyer is an entrepreneur, a legal entity under public law or a special fund under public law, Berlin is deemed to be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the buyer does not have a general place of jurisdiction in Germany or the EU. The seller's right to also call on another place of jurisdiction in the event of a business dispute remains unaffected.
(3) Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of all other provisions. The invalid provision shall be replaced by a legally permissible provision that most closely corresponds to the purpose of the contract and the will of the parties.