General Terms & Conditions

General Terms and Conditions (GTC) and Customer Information

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery Conditions
Statutory Warranty and Conformity
Liability of the Seller
Force Majeure
Applicable Law, Jurisdiction
Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between a consumer or entrepreneur and Becom S.àr.l. (hereinafter referred to as “Seller”) regarding the products and/or services presented in the Seller’s online shop. Deviating terms of the customer shall not apply unless expressly agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, craft, or profession. An entrepreneur within the meaning of these GTC is any natural or legal person who, when concluding a legal transaction, acts in the exercise of their trade, business, craft, or profession, even if this is carried out by another person on their behalf or instruction.
1.3 These GTC also apply to contracts for the supply of goods with digital elements, unless expressly agreed otherwise. In such cases, the Seller is obliged to provide, in addition to the delivery of the goods, digital content or digital services (“digital products”) that are integrated into the goods or otherwise connected in such a way that the goods cannot perform their functions without them.
1.4 These GTC also apply to contracts for the delivery of data carriers that serve exclusively as carriers of digital content. Digital content within the meaning of these GTC means data produced and provided in digital form.

2) Conclusion of Contract
2.1 The product descriptions displayed in the Seller’s online shop constitute binding offers that the customer may accept by placing an order.
2.2 The customer may accept the offer via the online order form integrated in the online shop. By submitting the order by clicking the “Confirm Order” button, the customer makes a legally binding declaration of acceptance regarding the items contained in the shopping cart.
2.3 The Seller shall send the customer an order confirmation by post or electronically.
2.4 The Seller shall store the contract text and send it to the customer together with these GTC in text form (e.g. e-mail, fax, letter). In addition, the contract text will be archived in the customer account if the customer created an account prior to placing the order.
2.5 Before submitting the binding order, the customer may correct his entries using the usual keyboard functions. Before final submission, the data will be displayed again in a confirmation window and can also be corrected there.
2.6 The languages available for the conclusion of the contract are French and German.
2.7 Order processing and communication will take place by e-mail and automated order processing. The customer must therefore ensure that the e-mail address provided is correct and that he or she can receive all e-mails sent by the Seller or its service providers (check spam filters!).

3) Right of Withdrawal
Consumers generally have a statutory right of withdrawal. Details can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, the prices indicated are final prices in euros, including statutory value-added tax (VAT). Any additional shipping costs are indicated separately.
4.2 The customer may use the payment methods specified in the online shop.
4.3 If prepayment is agreed, payment shall be due immediately after the conclusion of the contract.

5) Delivery Conditions
5.1 Delivery shall be made to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the goods are returned to the Seller by the transport company due to unsuccessful delivery, the customer shall bear the costs incurred thereby, except in the following cases:

the customer has validly exercised his right of withdrawal,
the failed delivery is not attributable to the customer, or
the customer was only temporarily prevented from accepting the goods, provided the Seller did not give adequate prior notice of the delivery time.

5.3 Partial deliveries are permissible insofar as they are reasonable for the customer. Additional costs shall only be incurred if expressly requested by the customer.
5.4 If the goods are not available, the customer will be informed without delay and any payments made will be refunded within 30 days at the latest.
5.5 The risk of loss or damage to the goods passes to the customer once he, or a third party designated by him other than the carrier appointed by the Seller, has taken physical possession of the goods. For entrepreneurs, the risk passes upon delivery to the carrier.
5.6 For entrepreneurs, the Seller reserves the right to withdraw from the contract if the Seller has not been supplied correctly or on time, provided the Seller has entered into a corresponding covering transaction with due diligence. The customer will be informed immediately of the non-availability and any payments made will be refunded.
5.7 In the case of self-collection, the Seller will notify the customer by e-mail as soon as the goods are ready for collection. In this case, no shipping costs will be charged.

6) Statutory Warranty and Conformity
In the event of defects, the statutory warranty rights shall apply.

Consumers have a warranty period of 2 years.
For used goods, the period is 1 year.
The customer must notify defects within 2 months after discovery.

7) Liability of the Seller
The Seller shall be liable as follows:

without limitation for intent or gross negligence,
for injury to life, body, or health,
within the scope of a guarantee assumed,
under the provisions of the Product Liability Act.

7.1 In the event of a breach of essential contractual obligations, liability is limited to foreseeable damages typical for the contract. Essential contractual obligations are those whose fulfilment is necessary for the proper execution of the contract and on whose compliance the customer may regularly rely.
7.2 Any further liability of the Seller is excluded.
7.3 The above provisions also apply to the Seller’s vicarious agents and legal representatives.

8) Force Majeure
The Seller shall not be liable for non-performance or delay of obligations caused by force majeure.

9) Applicable Law, Jurisdiction
9.1 For consumers, the law of the country in which the consumer has his habitual residence shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The competent court shall be the one at the consumer’s place of residence.
9.2 For entrepreneurs, the law of the country in which the Seller has its registered office shall apply, excluding the CISG. The competent court shall be the one at the Seller’s registered office.

10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Back