General Terms and Conditions of Business and Information for Customers
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to all contracts concluded with us (bb-inflight GmbH) as the provider via the website www.bb-inflight.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is not permitted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activities. An entrepreneur is any natural or legal person or partnership with legal capacity acting within the scope of their independent commercial or professional activities at the time of undertaking a legal transaction.
§ 2 Conclusion of the contract
(1) The subject matter of the agreement is the sale of goods.
Our online product presentations are not binding and do not constitute a binding offer for conclusion of a contract.
(2) The binding purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. Before the order is sent, you can re-check all the data, amend it (which can also be done via the internet browser’s “back” function) or cancel the purchase transaction. By clicking the “purchase” button to submit the order, you are making us a legally binding offer. You will receive an automatic e-mail confirming your order, which does not yet result in conclusion of the contract.
(3) We will accept the order (resulting in conclusion of the contract) in text form (e.g. via e-mail) within a period of two days, confirming the execution of the order or delivery of the goods (confirmation of order). In the event that you do not receive a confirmation e-mail from us, your order is no longer legally binding. Any services which have already been provided will be reimbursed immediately.
(4) The order is processed and all the information required in connection with conclusion of the contract is sent via e-mail in a partly automated process. Consequently, you must ensure that the e-mail address that you have given us is the correct one, and that the receipt of the respective e-mails is guaranteed from a technical perspective. In particular, you must ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Customised products
(1) You provide us with the information, texts or files necessary to customise your product via the online ordering system or by e-mail, at the latest when the contract is concluded. Any specifications issued by us with regard to file formats must be observed.
(2) You hereby undertake not to transfer data, the contents of which violate the rights of third parties (in particular copyrights and rights to names and brands) or contravene current laws, and herewith explicitly release us from any and all third-party claims asserted in this context. This also applies to the costs associated with any legal representation necessary in this regard.
(3) We do not check the contents of the transferred data for accuracy and, as such, assume no liability for errors.
(4) You will receive a proof from us, which you must check without delay. If you agree with the draft, you must approve the proof by countersigning it in text form (e.g. e-mail) for execution. The design work will not be carried out without your approval. You are responsible for checking the proof for accuracy and completeness, and bringing any errors to our attention. We can assume no liability for errors that have not been brought to our attention.
(5) Insofar as we produce text, images, graphics and designs for you within the scope of your individual design, these are subject to copyright. The use, reproduction or alteration of individual parts or complete contents is not permitted without our express consent. Unless otherwise agreed, we grant you an indefinite right of use in respect of the copyright works we have produced for you. You are expressly prohibited from making the copyright works or parts thereof available to third parties in any form whatsoever, whether privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
(6) Purchase by direct debit via Novalnet
If the purchase is being made via Novalnet AG (service available in Germany and Austria), the amount is payable immediately via direct debit from the current account and bank specified in the ordering process (the current account). You hereby revocably authorise Novalnet AG to collect the amounts arising from your direct debit payment from the current account in question. If the current account has insufficient funds to cover the purchase, the bank managing the account is under no obligation to honour the payment. The direct debit process does not support part payments. By specifying a current account, you confirm that you are entitled to carry out direct debit operations with the account in question. Reversals are expensive and time-consuming for both ourselves and Novalnet AG. Should a reversal be necessary (due to insufficient funds on the account, cancellation of the account, rejection by the account holder, or incorrect account details having been provided), you will be obliged to pay a processing fee of EUR 7.50 for each reversal. You will be granted the opportunity to provide evidence that the reversal resulted in lower costs or no expenses at all. We reserve the right to assert further claims. In view of the effort and cost associated with reversals, and in order to avoid payment of the processing fee, you are requested not to reject the direct debit in the case of revocation, withdrawal from the purchase contract, returns, or complaints. Rather, in cases such as these, and subject to our consent, we will reverse the payment by issuing a credit note or refunding the corresponding amount.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are an entrepreneur, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims in the value of the invoice amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. You are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you so request, we shall be obliged to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§5 Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activities.)
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day
– on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the products, provided that you have ordered one or more products within the scope of a standard order and these products are delivered uniformly;
– on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the last product, provided that you have ordered several products within the scope of a standard order and these products are delivered separately;
– on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the last part delivery or the last unit, provided that you have ordered a product which is delivered in several part deliveries or units;
To exercise the right of withdrawal, you must inform us (bb-inflight GmbH, Mathias-Brüggen-Strasse 132, 50829 Cologne, Germany) of your decision to withdraw from this contract by an unequivocal statement (e.g. by letter sent by post, fax or e-mail). You may use the attached sample withdrawal form, but it is not obligatory to do so. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event no later than 14 days from the day on which we received your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly reached another arrangement with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back the goods or hand them over to us without delay and in any event no later than 14 days from the day on which you notified us of your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired. You will have to bear the direct costs of returning the goods. You are only liable for any loss of value of the goods if this loss of value results from handling that is not deemed necessary in order to establish the nature, characteristics and functioning of the goods.
Reasons for exclusion or termination:
The right of withdrawal does not apply to contracts
– for the delivery of goods which are not prefabricated and in respect of whose production the consumer’s individual selection or designation is authoritative or which are clearly custom-tailored to meet the consumer’s personal requirements;
– for the delivery of goods that can spoil quickly or whose expiration dates are quickly exceeded;
– for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, journals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene when their seal has been removed after delivery;
– for the delivery of goods which, due to their nature, were inseparably mixed with other goods after delivery;
– for the delivery of sound or video recordings or computer software in a sealed package when the seal has been removed after delivery.
End of withdrawal instruction.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) If you are an entrepreneur, the following shall apply by way of derogation from paragraph 1:
a) Only our own statements and the product description provided by the manufacturer, but not other advertisements, public recommendations and statements issued by the manufacturer, shall be deemed to have been agreed in respect of the condition of the product in question.
b) You undertake to examine the goods promptly, paying due attention to deviations in quality and quantities, and to notify us in writing of apparent defects within 7 days of receipt; timely dispatch will be sufficient for compliance with the deadline. This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards). The assertion of warranty claims will be excluded if the obligation to inspect and give notice of defects is not satisfied.
c) In the case of defects, our warranty covers repair or replacement at our option. If the defect is not remedied at the second attempt, you may demand a reduction in the price or withdraw from the contract at your option. In the case of repair, we do not have to bear the additional costs arising from the transport of the goods to a place other than the place of fulfilment, unless such transport is in accordance with the intended use of the goods.
d) The warranty period shall be one year as of delivery of the product. The shortened warranty period does not apply to losses culpably caused by us which are associated with injury to life, limb or health. Furthermore, it does not apply to losses suffered as a result of gross negligence, intent or malice, or in the case of recourse claims pursuant to §§ 478 and 479 of the German Civil Code (BGB).
§ 7 Liability
(1) We accept unlimited liability for losses associated with injury to life, limb or health, in all cases of intent and gross negligence, if a defect is fraudulently concealed, in the case of assumption of a guarantee for the condition of the purchased object, for losses under the German Product Liability Act (Produkthaftungsgesetz) and in all other cases of statutory liability.
(2) If fundamental contractual obligations are affected, our liability in cases of minor negligence is limited to the foreseeable damages that are typical for the contract. Fundamental contractual obligations are deemed important obligations that result from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. The term also covers obligations imposed on us by the contract on the basis of its content with a view to fulfilling its purpose, compliance with which makes the due performance of the contract possible in the first place and on the observance of which you may regularly rely.
(3) Liability will be excluded in the case of infringement of insignificant contractual obligations involving minor negligence.
(4) The current state of the art makes it impossible to guarantee that data transmission via the internet will be error-free or permanently available. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 8 Legal information on individual designs
a) Customers have the option of individualising the trolleys of bb-inflight GmbH. An individual design can be digitally printed onto the entire surface of the trolley, either screen-printed on a stainless-steel surface or as a plot.
b) An individual design materialises the moment any changes are made to an existing bb-inflight design or when a completely independent design is submitted.
Depending on the desired model of trolley, the customer can be provided with templates into which an individual design can be pasted.
If the customer does not have the means to undertake the graphical work, bb-inflight can provide assistance.
a) Customer submits his own design
In cases where the customer provides the template, bb-inflight merely ensures that all the measurements are correct. The contents of the template (i.e. spelling, line thicknesses, resolution, transparencies, overprint settings, etc.) are not checked.
a) bb-inflight produces a design for the customer
b) bb-inflight produces an individual design for the customer according to the latter’s specifications. In this case, a cost estimate is provided in advance.
c) Two draft stages are possible. If the desired result has not been achieved by then, further costs may be incurred.
d) The customer approves the final draft after receiving a PDF image of all four sides of the trolley.
e) The rights to the design produced by bb-inflight remain with bb-inflight and may not be used for other purposes.
(3) Verification of the content of an individual design
a) bb-inflight adopts designs submitted by customers or single elements for implementation of an individual design “as is”, i.e. without verification.
To the best of its ability, bb-inflight will reject elements intended for use in a design that are liable to corrupt the young, pornographic, extremely right-wing or otherwise unlawful. Should individual elements of a design contravene current legislation, however, bb-inflight may be held liable only in the case of gross negligence.
a) When customers submit logos, photos, text, wordings and other graphical elements, bb-inflight assumes that they are aware of the pertinent copyright and licensing laws.
b) bb-inflight assumes that the customer is the legal owner of or officially licensed partner in respect of any submitted designs and elements of individual designs. If this is not the case, bb-inflight assumes that the customer has obtained the prior consent of the legal owner to use the design in question.
c) bb-inflight accepts no liability for breaches of copyright, licensing or trademark laws when implementing an individual design for an external customer.
(4) Legal effectiveness
This legal information forms part of the offer or order confirmation and is deemed to have been accepted by the customer as soon as the product is manufactured.
§ 9 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to consumers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective consumer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer but an entrepreneur, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. This also applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or usual place of residence is not known at the time of commencement of proceedings. The power to call upon the court associated with another place of jurisdiction shall remain unaffected.
II. Customer Information
1.Identity of the seller
Telephone: +49 221 2992 874-16
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 “Conclusion of the contract” of our General Terms and Conditions of Business (Part I.).
3. Contractual language, saving the text of the contract
3.1. The contractual language shall be English.
3.2. The complete text of the contract is not saved by us. Before the order is sent via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally stipulated details related to distance selling contracts and the General Terms and Conditions of Business are re-sent to you via e-mail.
3.3. For inquiries not sent via the online shopping cart system, you will receive all contractual information within the framework of a binding offer via e-mail, which can be printed out or saved electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and/or services can be found in the respective product descriptions and additional information on our web page.
5. Prices and payment arrangements
5.1. The prices stated in the respective offers represent total prices, as do the shipping costs. They contain all the price components, including all the incidental taxes.
5.2. The shipping costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website, are shown separately over the course of the order transaction and must also be borne by you, unless free delivery is confirmed.
5.3. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective product description.
5.4. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date and any delivery restrictions are shown by clicking the appropriate button on our website or are disclosed in the respective product description.
6.2 If you are a consumer, the law stipulates that the risk of the sold item accidentally being destroyed or damaged during shipment only passes to you when the item in question is delivered, irrespective of whether or not the shipment is insured. This provision does not apply if you have independently commissioned a transport company that has not been specified by the entrepreneur or by a person who has otherwise been charged with execution of the shipment. If you are an entrepreneur, the delivery and shipment are at your own risk.
7. Statutory warranty right for goods
7.1. Liability for defects associated with our goods is accepted in accordance with the “Warranty” provision of our General Terms and Conditions of Business (Part I.).
7.2. As a user, you are requested to check the product promptly for completeness, visible defects and transport damage as soon as it is delivered, and to inform us and the shipping company of any complaints in writing without delay. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
These General Terms and Conditions of Business and customer details were drafted by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability if warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.