> Terms and Conditions

Terms and Conditions

Terms & Conditions

Terms and Conditions

1. Consumer advice on distance contracts

2. Conditions of sale for non-commercial traffic (buyer is consumer)

3. Conditions of sale for commercial traffic (buyer is entrepreneur)


1. Consumer advice on distance contractsAs far as consumers (all natural persons who conclude a legal transaction for a purpose that can not be assigned to their commercial or independent professional activity) the provisions of §§312b et seq. On distance contracts apply, the buyer has an unrestricted right of return, he within two weeks from the date of receipt of the goods. The redemption request must be made in writing by the buyer to Best Service GmbH and does not require any justification. The rules on distance contracts apply only to consumers and only to sales within the European Union. They are not applicable to all individual customer orders, so not for special orders for example, not customary goods or goods made to customer specifications.

For consumer education, the following details are given:
The contract partner of your mail-order business is Best Service GmbH, Manzinger Weg 9, 81241 Munich, registered at the district court of Munich under HRB 57624 and represented by the managing directors Ludwig Greil and Robert Leuthner.

Best Service GmbH reserves the right, in case of unavailability of the ordered goods and for other reasons of impossibility of delivery / service, to withdraw from the delivery / service.

All prices are quoted in EURO including the statutory taxes and duties for sale in the Federal Republic of Germany. In addition, shipping costs will be charged according to expenditure or separate agreement.

All deliveries of goods are due for payment upon receipt, including all shipping and incidental costs. The delivered goods remain our property until full payment of all claims arising from the business relationship with you. The payment is only the final payment received by us. This also applies to delivery by cash on delivery.

We grant you the right of return within 14 days, starting from receipt of the delivery at the recipient. The request for redemption must be asserted by you in writing to Best Service GmbH. The return of the goods is at your expense. Unpaid returned goods are not permitted. The returned goods must be free from damage and signs of wear. This applies equally to all packaging parts, especially for the inner protective covers for computer products. The original cartons shall not be provided with return labels but must be protected in advance by appropriate measures (such as cartons or package paper).

The aforementioned right of return does not apply in the following cases:

  • With a value of goods up to 40 EURO no free goods return.
  • In case of damaged or incomplete returned goods.
  • In case of missing operating instructions or missing accessories
  • With the delivery of software, audio or video recordings you have no right of revocation, provided that the delivered data carriers have been unsealed by you!
  • Since an immediate execution of the contract is necessary for software downloads, the right of revocation expires with the order
  • In the case of goods with signs of usage or goods that are no longer new due to the single use (for example, already registered computer and software products, etc.).
  • For goods that are used commercially during the return period or for such purposes e.g. rented or lent
  • Entrepreneurs are not granted a voluntary right of withdrawal.


The refund of the purchase price will be made by bank transfer or by chargeback on the means of payment used by you (eg credit card, PayPal) within 10 days after receipt of the goods, if no defects are found. On request, we also charge with your new order and reimburse or debit the resulting differences.


2. Conditions of sale for non-commercial traffic (buyer is consumer)

1.Offer and conclusion of contract
All offers, regardless of whether they are given by telephone, fax, Internet, e-mail or in any other way, are only binding for Best Service GmbH if they have been confirmed in writing or the goods have been delivered and / / or an invoice has been issued.
Receipt of an automatic confirmation email only confirms receipt of your order, but does not constitute a binding order confirmation.

2. Prices and payment
2.1 The invoices of Best Service GmbH are - unless otherwise agreed in writing - payable immediately and without deduction. The deduction of cash discount is only permitted in case of a written agreement.
2.2 Default interest at a rate of 5% above the respective base interest rate p.a. calculated. The assertion of a higher damage caused by default remains reserved. In the event that we assert a higher damage caused by default, the purchaser has the opportunity to prove to us that the alleged default damage was not incurred at all or at least substantially lower.

3. Offsetting and retention rights
The purchaser is entitled to set-off only if his counterclaims are legally established or undisputed. The purchaser is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

4. Delivery time
4.1 The beginning of the delivery time specified by us requires the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
4.2 If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved. The orderer reserves the right to prove that damage of the required amount did not occur at all or at least substantially lower. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the purchaser at the time at which he is in default of acceptance or debtor.
4.3 We are not liable in the case of the delay in delivery caused by us intentionally or grossly negligently.
4.4 Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

5. Retention of title
5.1 We reserve the title to the delivered goods until complete payment of all claims from the delivery contract.
5.2 The purchaser is obliged, as long as the property has not been transferred to him, to handle the purchased goods with care. As long as the ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered object is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim in accordance with §771 ZPO, the customer is liable for the loss incurred by us.
5.3 The processing and conversion or conversion of the purchased item by the customer is always named and on behalf of us. In this case, the right of expectancy of the purchaser in the purchased item continues with the remodeled item. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the objective value of our purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers pro rata co-ownership to us and secures the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims which accrue to him from the connection of the reserved goods with a property against a third party; We already accept this assignment.
5.4 We undertake to release the securities to which we are entitled upon request of the customer insofar as their value exceeds the claims to be secured by more than 20%.

6. Warranty and notice of defects
6.1 Obvious defects must be reported in writing to us by the Buyer within 14 days of delivery of the object of the contract.
6.2 The customer first has the choice whether the supplementary performance is to be effected by repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen by the purchaser if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the purchaser. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the purchaser are excluded. A remedy shall be deemed to have failed with the unsuccessful second attempt, unless otherwise determined by the nature of the item or the defect or other circumstances. If the subsequent performance has failed or if we have refused supplementary performance as a whole, the purchaser may, at his discretion, demand a reduction of the purchase price (reduction) or declare his withdrawal from the contract.
6.33 Claims for damages to the following conditions due to the defect can not be asserted by the customer until the supplementary performance has failed or we have refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
6.4 We shall be liable without prejudice to the above provisions and the following limitations of liability without limitation for damage to life, limb and health, which are based on a negligent or intentional breach of duty of our legal representatives or vicarious agents, as well as for damages that are covered by the liability under the Product Liability Act, as well for all damages that are based on intentional or grossly negligent breaches of contract as well as malice of our legal representatives or vicarious agents. Insofar as we have given a quality and / or durability guarantee with regard to the goods or parts thereof, we are also liable under this guarantee. However, we are only liable for damages resulting from lack of guaranteed quality or durability, but not directly on the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.
6.5 We are also liable for damages caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and foreseeable. Incidentally, we are not liable for simple negligent breaches of non-essential secondary obligations. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executives and other vicarious agents is affected.
6.6 Further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
6.7 The warranty period is 2 years, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damage, insofar as no claims are made in tort.

7. Other
7.1 This contract and the entire legal relationships between the parties are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
7.2 Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected.
7.3 The contract language is German.


3. Conditions of sale for commercial traffic (buyer is entrepreneur)

1. Scope
1. 1 These conditions of sale apply exclusively to entrepreneurs, legal persons under public law or special funds under public law within the meaning of §310 paragraph 1 BGB. Conflicting or differing from our terms and conditions of the customer, we only accept if we expressly agree in writing to the validity.
1.2 These conditions of sale also apply to all future transactions with the customer, as far as related legal transactions are concerned.

2. Offer and contract
If an order is to be regarded as an offer according to §145 BGB, we can accept it within two weeks.

3. Prices and payment
Unless otherwise agreed in writing, our prices shall apply ex our place of business excluding packaging and plus value added tax in the respective valid amount. Payment of the purchase price must be made exclusively to the account stated in the invoice. The deduction of cash discount is only permitted in case of a written agreement.
Unless otherwise agreed, the purchase price must be paid within 14 days after invoicing. Default interest of 5% above the respective base interest rate p.a. calculated. The assertion of a higher damage caused by default remains reserved.
Unless a fixed price agreement has been made, reasonable price changes remain reserved due to changes in labor, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.

4. Offsetting and retention rights
The purchaser is entitled to set-off only if his counterclaims have been legally established, ready for decision or undisputed. The purchaser is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5. Delivery time
The beginning of the delivery time specified by us requires the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for any damage incurred, including any additional expenses. Further claims are reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or payment.
We are not liable in the case of the delay in delivery caused by us intentionally or grossly negligently.
Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

6. Retention of title
We reserve the ownership of the delivered goods until full payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
The purchaser is obliged, as long as the property has not been transferred to him, to treat the purchased goods with care. As long as the ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered object is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim in accordance with §771 ZPO, the customer is liable for the loss incurred by us.
The customer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to us the claims of the customer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim, even after the assignment. Our power to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for opening insolvency proceedings has been filed or payment has ceased.
The processing and remodeling of the purchased item by the customer is always named and on behalf of us. In this case, the right of expectancy of the purchaser in the purchased item continues with the remodeled item. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the objective value of our purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers pro rata co-ownership to us and secures the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims which accrue to him from the connection of the reserved goods with a property against a third party; We already accept this assignment.
We undertake to release the securities to which we are entitled upon request of the customer, insofar as their value exceeds the claims to be secured by more than 20%.

7. Warranty and notice of defects as well as recourse / manufacturer's recourse
Warranty rights of the purchaser presuppose that the purchaser has duly fulfilled his obligation to inspect and complain under §377 HGB.
Claims for defects expire 12 months after delivery of the goods delivered by us to our customer. When selling used goods, the warranty period is completely excluded. The above provisions do not apply insofar as the law requires longer periods in accordance with §438 (1) no. 2 BGB (buildings and property for buildings), §479 paragraph 1 BGB (right of recourse) and §634a paragraph 1 BGB (construction defects). Prior to returning the goods our permit is to be requested.
If, despite all due care, the delivered goods have a defect that was already present at the time of the transfer of risk, we will repair the goods, subject to timely notice of defects at our discretion or replace the goods. We always have the opportunity to provide supplementary performance within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without limitation.
If the supplementary performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
Claims for defects do not exist with insignificant deviation from the agreed quality, with insignificant impairment of the usability, with natural wear or tear as with damages that occur after the transfer of risk as a result of faulty or negligent treatment, excessive use, unsuitable equipment, defective construction work, unsuitable ground or due to special external influences that are not required under the contract. If the customer or a third party carries out improper repairs or changes, there are no claims for defects for these and the resulting consequences.
Claims of the purchaser for the expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by us are subsequently moved to a location other than the purchaser's branch unless the shipment complies with its intended use.
Rights of recourse of the purchaser against us exist only to the extent that the purchaser has not made any agreements with his purchaser beyond the legally binding claims for defects. Paragraph 6 shall apply mutatis mutandis to the scope of the purchaser's right of recourse against the supplier.
In the case of malicious concealment of a defect or in the case of the assumption of a guarantee for the condition of the commodity at the time of the passing of risk in the sense of §444 BGB (explanation of the salesman that the purchase object at passing of risk has a certain property and that the salesman regardless of fault for all The consequences of their absence) the rights of the customer are based exclusively on the legal provisions.
8. Other
This contract and the entire legal relationships of the parties are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
The place of fulfillment and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless the order confirmation states otherwise. The contract language is German.
Changes and additions to this contract must be in writing. This also applies to changes to this written form clause. Verbal collateral agreements were not met.
Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision with such legally permissible provision which comes closest to the economic purpose of the ineffective provision or which fills in this gap.

Contact

msg

msg

msg

Best Service account login
Please sign in with your login credentials
 
 
 
space
   
ajax-loader
 
space