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General Terms and Conditions of Sale and Customer Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Cancellation / Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Legal Conformity & Statutory Warranty
- Force Majeure
- Applicable Law, Place of Jurisdiction
- Out-of-Court Dispute Resolution
- Individual Business License Numbers
1) Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between a consumer or a professional and Becom S.a.r.l. (hereinafter referred to as the "Client"), concerning the products and/or services presented by the seller in its online shop. These GTC supersede any terms specified by the client, unless agreed otherwise.
1.2 For the purposes of these GTC, a consumer is defined as any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, or professional activity. Within the meaning of these General Terms and Conditions, a professional refers to any natural or legal person acting, including through another person acting in their name or on their behalf, for purposes relating to their commercial, industrial, craft, or professional activity.
2) Conclusion of the Contract
2.1 The product descriptions published in the seller's online shop represent binding offers on the part of the seller, which the client accepts by placing an order.
2.2 The client can place an order and thus accept the seller's offer by telephone, mail, fax, email, or via the order form integrated into the seller's online shop. When placing an order via the online form, after entering personal order information and clicking the final button to complete the order ("Confirm Order"), the client makes a binding declaration of acceptance of the offer relating to the goods contained in their shopping basket.
2.3 The seller sends the client an acknowledgment of receipt of the order by post or electronic means.
2.4 The text of the contract is archived by the seller, and a copy is sent to the client along with these GTC. This transmission takes place at the time of sending the order in text form (email, fax, or letter). Furthermore, this document is archived on the seller's website and can be requested free of charge by the client via their password-protected account. However, the client must have created an account on the seller's site prior to placing their order.
2.5 Before placing a final binding order via the seller's online form, the client has the opportunity to correct the entered information using standard keyboard functions. In addition, all provided information will be displayed again in a confirmation window right before final validation and can be corrected in the same manner.
2.6 The French and German languages are authoritative for the conclusion of the contract.
2.7 Order processing and contact are carried out via email and an automated order processing system. The client must ensure the accuracy of the email address provided for order processing purposes so that emails sent by the seller can be received. In addition, when using spam filters, the client must ensure that all emails sent by the seller or third parties tasked with processing the order can be delivered.
3) Right of Cancellation / Withdrawal
In principle, consumers have a right of cancellation. Further details regarding the right of cancellation can be found in the seller's cancellation policy instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product descriptions published by the seller, the prices indicated by the seller are final prices in Euros, inclusive of all taxes (VAT included). Additional shipping and delivery costs may apply. Where applicable, these will be explicitly specified in the corresponding product description.
4.2 The client can choose from the various payment methods displayed on the seller's website.
4.3 If advance payment is agreed upon, payment must be made immediately after the conclusion of the contract.
5) Delivery and Shipping Conditions
5.1 Delivery of goods is regularly made by mail to the address specified by the client, unless agreed otherwise. The shipping address indicated on the order processed and managed by the seller serves as the reference during execution of the transaction.
5.2 If the transport company returns the goods to the seller due to delivery to the client being impossible, the costs generated by the failed shipment will be charged to the client. However, this does not apply if the client has correctly exercised their right of cancellation, if the client is not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from receiving the delivery, unless the seller had announced an appropriate delivery timeframe in advance.
5.3 The seller reserves the right to make partial deliveries within reasonable limits. No additional costs will be charged to the client unless partial delivery was explicitly requested by the client. In the latter case, the seller reserves the right to charge the additional delivery fees to the client.
5.4 In the event of non-performance of the contract by the seller resulting from the unavailability of the goods, the client will be informed and reimbursed without delay, and no later than thirty days after payment.
5.5 The risk of loss or damage to the goods passes to the client when the client, or a third party designated by the consumer client other than the carrier offered by the seller, takes physical possession of the goods. If the client is a professional, the risk of loss or damage passes to the client upon handover of the goods to the carrier.
5.6 In the case of self-collection by the client, the seller informs the client by email that the ordered goods are ready for collection. After receiving the email, the client may collect the goods at the seller's registered address by agreement. In this case, no shipping costs will be charged to the client.
6) Legal Conformity & Statutory Warranty
In the event of defects in the purchased item, statutory provisions apply.
If the client acts as a consumer, they have a warranty period of two years to claim defects in the purchased item. For used goods, this period is reduced to one year.
The consumer is required to inform the seller of a defect in the purchased item within two months following the discovery of the defect.
7) Force Majeure
The seller cannot be held liable if the non-performance or delay in performance of any of the obligations described in these GTC arises from a case of force majeure.
8) Applicable Law, Place of Jurisdiction
8.1 If the client is a consumer, any legal relationship between the contracting parties is governed by the law of the country where the client has their habitual residence, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The competent jurisdiction for any dispute relating to this contract is exclusively that of the client's habitual residence.
8.2 If the client is a professional, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The competent jurisdiction for any dispute relating to this contract is exclusively that of the seller's registered office.
9) Out-of-Court Dispute Resolution
The seller is neither obliged nor willing to participate in out-of-court dispute resolution procedures before a consumer dispute resolution entity.
10) Individual Business License Numbers
The seller has obtained business operation authorizations under Luxembourg law under the following number(s): "10003567/0"