Terms and Conditions B+H Solutions Shop

General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

For Germany: According to § 13 BGB (German Civil Code), consumers are any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

For Austria: In the following terms and conditions, “consumer” is to be understood as the “Konsument” (consumer) within the meaning of the Konsumentenschutzgesetz (KSchG) (Austrian Consumer Protection Act).

For Switzerland: In the following terms and conditions, “consumer” is to be understood as the “Konsument” according to Swiss law.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

2. Contractual Partner, Conclusion of Contract, Correction Options

The purchase contract is concluded with B+H Solutions GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by e-mail.

3. Contract Language, Contract Text Storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Delivery Conditions

In addition to the stated product prices, shipping costs may apply. You can find more detailed provisions on any shipping costs that may apply in the offers.

We only deliver by shipping. Unfortunately, it is not possible to collect the goods yourself.

5. Payment

The following payment methods are generally available to you in our shop:

Prepayment
If you select the prepayment payment method, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction.

PayPal can offer registered PayPal customers selected according to their own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The goods remain our property until full payment has been made. For customers based in Switzerland, we are entitled to make a corresponding entry in the register of retention of title.

The following applies to entrepreneurs: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any connection or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport Damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Liability for Defects

The following applies to consumers based in Germany and Austria:
The statutory liability for defects applies.

The following applies to consumers based in Switzerland:
As soon as it is feasible in the ordinary course of business, they should check the condition of the received item and, if there are defects for which the seller has to provide a warranty, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed to be approved, unless the defects are not recognizable during the customary inspection. If such defects occur later, the notification must be made immediately after discovery, otherwise the item is also deemed to be approved with regard to these defects.

Return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide a warranty by remedying defects. This is done at our discretion either by eliminating the defect (repair) or delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a reduction in price is excluded.

The following applies to entrepreneurs and among merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

Vis-à-vis entrepreneurs, only our own information and the manufacturer’s product descriptions that have been included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated there, the goods are deemed to be approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.

Customer service: If you have any questions, you can reach us at: E-mail: info@B+H Solutions .de; Telephone: +49 (0) 7151 97 00 40 (Mon., Tue., Wed; Thu. and Fri. from: 09:00 – 12:30)

10. Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.