Terms and Conditions
Terms and Conditions
A. General terms and conditions
1 Jurisdiction
2 Conclusion of contract
3 Cost of returning goods in case of cancellation
4 Prices and Terms of payment
5 Delivery and Shipping terms
6 Liability for defects
7 Applicable law
B. Customer information
1 Information about customer identity
2 Information about essential features of goods or services
3 Information about the conclusion of the contract
4 Information about payment and delivery
5 Information about technical steps that lead to the conclusion of the contract
6 Information about storing the contract text
7 Information about technical means in order to avoid input errors
8 Information about the languages available for the conclusion of the contract
A. General Terms and conditions
1 Jurisdiction
1.1 These terms and conditions of “Börner Distribution International GmbH” (referred to as the “seller”) apply to all contracts that a consumer or business (referred to as the “buyer”) will enter into with the seller with regard to goods and /or services offered in his online shop. Herewith the inclusion of the own conditions of the customer is waved, unless when something else has been agreed upon.
1.2 A consumer in the sense of these general terms of business is any natural person, who concludes a legal transaction for a purpose that does not relate to its commercial or independent professional activity. A contractor in the sense of these general terms of business is any natural or legal person or legal partnership, which carries out commercial or independent professional activities on entering into a legal transaction.
2 Conclusion of contract
2.1 The product shown in the seller’s online shop do not represent a binding offer by the vendor, but serve the submission of a legally binding purchase offer by the customer.
2.2 The customer can submit the offer by using the integrated order form in the online-shop supplied by the vendor. After entering the personal data, the customer submits a legal binding contract offer by clicking the submit button during the ordering process relating to the goods placed in the shopping basket.
2.3 The seller can accept the offer of the customer within two days, – by sending a written order confirmation to the customer or by submitting a confirmation of the order in text form (fax or E-mail), whereas the receipt of the order confirmation by the customer is relevant, or – by shipping the ordered goods to the customer, whereas the receipt of the goods by the customer is relevant, or – by demanding payment from the customer after receipt of the order If several of the above named alternatives exist, the agreement shall come into effect during the timeframe that one of the above named choices occurs first. If the seller does not accept the offer made by the customer within the above-named period, this shall be deemed as a rejection of the offer with the effect that the customer is no longer bound to its declaration of intent.
2.4 The deadline for accepting the offer starts with the day the offer is send by the customer and ends with expiration of the next day that follows the dispatch of the offer. If the last day of the deadline falls on a Saturday, Sunday or a state-approved general holiday at the business location of the seller, such a day will be replaced with the preceding working day.
2.5 Order processing and customer contact normally take place by E-mail and via automated order handling. The customer has to ensure that the E-mail address submitted in connection with the order is correct and sufficient in order to transmit messages between him and the seller. When using SPAM-filters, the customer has to make sure that either the seller or an appointed third party will be able to contact the buyer by Email with information pertaining to the order.
3 Return costs when exercising the right of cancellation
If the customer has a right of withdrawal, in case of exercising the right of withdrawal, the regular costs of the return are imposed.
4 Pricing and payment terms
4.1 Prices stated by the seller are end prices and include the legal mandatory value-added taxes. If applicable, additional delivery and shipping costs will be indicated in the specific product description.
4.2 The customer has a choice of payment options as shown in the seller’s online-shop.
4.3 In case of cash in advance payment, payment is due immediately upon conclusion of the contract.
5 Delivery and shipping terms
5.1 Delivery of goods takes place regularly by means of the shipping method and to the delivery address specified by the customer. In the handling of the transaction, only the delivery address indicated during the purchasing process is relevant. If the customer selects iyzico as a payment choice, the delivery address given at the time of initiating the iyzico payment is applicable.
5.2 In the event that the transport company returns the goods to the seller after an unsuccessful delivery attempt, the customer bears all costs. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that has led to impossibility of delivery or if he was not able to accept the service offered unless the seller has informed him about the service within a reasonable time-frame.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold merchandise shall pass upon transfer to the customer or a person authorized to accept delivery. If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold merchandise shall pass upon delivery of the goods at the business address of the seller to a qualified transport company.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This shall only apply in the event that the seller is not accountable for the failure to deliver, especially in case of conclusion of a congruent covering transaction with the supplier. The seller will make all reasonable measure to supply the goods. In the event of non-availability or only partial availability of the goods, the customer will get informed immediately and the counter-performance shall be reimbursed without any delay.
5.5 If the customer desires self-collection, the seller will inform the client via Email that the ordered goods are ready for pick-up. After receipt of this Email, the customer will be able to collect the goods after making arrangements with the seller. In this case, no delivery charges are charged.
6 Defect liability
Legal liability applies.
7 Applicable law
7.1 All legal relationships of the parties are subject to the laws of the Federal Republic of Germany except for the laws about the international purchase of movable goods. This choice of law shall only apply if the granted protection has not been withdrawn by compelling regulations of the state that the customer has his usual residence in.
7.2 If the customer acts as a merchant, a legal entity under public law or special fund under public law with residence within the Federal Republic of Germany, the legal venue shall be solely the location of the seller. If the customer is located outside of the territory of the Federal Republic of Germany, the registered office of the vendor is the sole place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be assigned to the professional and commercial activity of the customer. The vendor is entitled in the previously mentioned cases to call the court at the customer’s residence.
7.3 Contract language is German.
B. Customer Information
1 Information about the sellers identity
Börner Distribution International GmbH
Industriegebiet Börner 1
54526 Niederkail, Germany
Phone: + 49 6575-95120
Telefax: + 49 6575-951233
E-Mail: service@boerner.de
Managing Director: Wolfgang Elsen
Register Court: District Court Wittlich
Register Number: HRB 42344 Value Added Tax Identification Number according to § 27 a sales tax law: DE 287787954
2 Information about the essential characteristics of goods or services
The main characteristics of the goods or services can be obtained from the respective product description provided by the vendor.
3 Information about the conclusion of the contract
The conclusion of the contract is carried out according to number 2 of the General Terms and Conditions of the vendor ( see above )
4 Information about payment and delivery
Payment is carried out according to number 4, delivery according to number 5 of the General Terms and Conditions of the vendor ( see above)
5 Information about technical steps, that lead to the conclusion of the contract
For the submission of the offer via the online ordering form of the vendor, the customer must go through the following technical steps:
5.0.1 Placing the desired article in the virtual shopping basket
5.0.2 Registration in the online-shop by entering user ID and password or – if there is no current customer account – by entering the order data in the application form provided
5.0.3 Selection of desired billing- and shipping address
5.0.4 Selection of desired shipping method
5.0.5 Selection of desired payment method
5.0.6 Summary of order information
5.0.7 Submission of order
5.1 The acceptance by the seller is carried out according to number 2.3 of the General Terms and Conditions of the seller ( see above )
6 Information about storing the contract text
The contract text is stored by the seller and is supplied to the customer after the order in placed along with the General Terms and Conditions and other customer information in text form ( for example as letter, fax or E-mail) In addition, the contract text is archived on the vendors internet site and can be obtained free of charge by the customer using a password protected customer account and the pertaining login data, if the customer has created an account before placing the order in the online shop.
7 Information about technical means to correct and correct input errors
Prior to sending the binding order, the customer can always correct his data by using the habitual keyboard and mouse functions. In addition, all entries are shown once more in a confirmation window, and may also be corrected by using the normal mouse or keyboard functions.
8 Information about the languages available for the conclusion of the contract
The German language is exclusively available for the conclusion of the contract.