Terms and Conditions
General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Hazem Hamoud) via the website www.be-fox.com. Unless otherwise agreed, the inclusion of any of your own conditions used by you is contradicted.
(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, the conclusion of a legal transaction in the exercise of their independent professional or commercial activity acts.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
. The goods intended for purchase are placed in the "shopping cart". About the corresponding button in the navigation bar, you can call the "shopping cart" and make changes there at any time.
. After calling up the page "Checkout" and entering the personal data and the payment and shipping terms, all order data are finally displayed again on the order overview page.
If you use as a payment method an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Sofort), you will either be guided in our online store to the order overview page or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be directed back to our online store on the order overview page.
Before sending the order, you have the option here to check all the information again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
. By sending the order via the "buy" button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We submit to you a binding offer in text form (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Installment purchase via easyCredit
In the case of installment purchase via easyCredit, the General Terms and Conditions for Installment Purchase of easyCredit apply in addition. You can find the terms and conditions here (https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf).
(2) Invoice purchase via paymorrow
. When paying on account (invoice purchase via paymorrow), the ordered goods together with the invoice will be shipped or delivered to you. The purchase price is due within 21 (twenty-one) calendar days after the invoice date for payment.
(3) Payment by "secupay credit card", "secupay direct debit" or "secupay purchase on account"
. When using the payment methods "secupay credit card", "secupay direct debit" or "secupay purchase on account", we fully and irrevocably assign our claim for payment against you to secupay AG, Goethestr. 6, 01896 Pulsnitz. The secupay AG takes before acceptance of the assignment using the data transmitted in the context of the order a credit check.
. We reserve the right to refuse you the selected payment method as a result of the credit check, you will be informed about this before sending your order.
. If the payment method "secupay credit card" or "secupay direct debit" is approved, secupay AG accepts the assignment and subsequently collects the fee from your account via your credit card or by direct debit. The debit of your bank or credit card account takes place with the completion of the order.
. If the payment method "secupay purchase on account" is allowed, secupay AG accepts the assignment and the ordered goods will be shipped or delivered to you together with the invoice. The purchase price is due within 10 (ten) calendar days after delivery of the goods for payment to secupay AG, Goethestraße 6, 01896 Pulsnitz.
(4) Purchase by direct debit via Novalnet
When purchasing by direct debit via Novalnet AG, offered in Germany and Austria, the payment amount is due immediately for payment by direct debit from the current account specified in the ordering process at the credit institution specified therein (the current account). You hereby revocably authorize Novalnet AG to collect the payments to be made by you through the purchase by direct debit to the debit of the current account by direct debit. If the current account does not have the required cover, there is no obligation on the part of the account-holding credit institution to honor the payment. Partial redemptions are not made in the direct debit procedure.
. By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account. Return debit notes are associated with a high effort and costs for us and Novalnet AG. In case of a return debit note (due to lack of required coverage of the current account, due to expiration of the current account or objection of the account holder or due to incorrectly transmitted account data) you are obliged to pay a processing fee of EUR 7.50 per return debit note. You will be given the opportunity to prove that lower costs or no costs at all were incurred as a result of the return debit note. We reserve the right to make further claims. In view of the effort and costs involved in return debit notes and in order to avoid the processing fee, you are requested not to object to the debit note in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the reversal of the payment by re-transfer of the corresponding amount or by credit.
(5) Purchase on account via Novalnet
. When buying on account, the invoice amount is due for payment to our external partner, Novalnet AG, no later than the calendar day specified in the invoice.
. In this case, you can only pay to Novalnet AG with debt-discharging effect.
We remain responsible even when buying on account via Novalnet AG for general customer inquiries, for example, about the goods, delivery time, shipping, returns, complaints, revocations or credit notes. This payment method is only available to customers from Germany. Novalnet AG checks and evaluates your information and maintains a data exchange with other companies and credit agencies if there is a justified reason (credit check). If the creditworthiness is not guaranteed, the Novalnet AG can refuse you the purchase on account and will point out alternative payment options.
(6) Barzahlen.de via novalnet
If cash payments are agreed, the payment is due immediately after the conclusion of the contract. After completion of the order, you will receive a payment slip, which you can print out, scan at one of the Barzahlen partner branches (https://www.barzahlen.de/filialfinder) at the checkout and pay the amount there in cash. Alternatively, you can have a payment code sent to your cell phone via SMS, give the payment code to the cashier at the Barzahlen partner branch and pay the amount in cash there. The Barzahlen partner branch (https://www.barzahlen.de/filialfinder) transmits the payment confirmation in real time, whereupon the shipping process is started immediately.
(7) SEPA direct debit (basic and / or corporate direct debit)
. When paying by SEPA core direct debit or by SEPA corporate direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The collection of the direct debit takes place within 1-10 days after conclusion of the contract.
The deadline for sending the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a return debit note due to your fault, you have to bear the resulting bank fee.
§ 4 Right of retention, retention of title
(1) You can exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) There are the statutory defect liability rights.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier complaints as soon as possible. If you do not comply, this has no effect on your legal warranty claims.
§ 6 Choice of law
(1) German law shall apply. For consumers, this choice of law applies only to the extent that this does not deprive the protection granted by mandatory provisions of the law of the country of habitual residence of the consumer (Günstigkeitsprinzip).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Mountain way 4
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the conclusion of the contract
The technical steps to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the rules "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2. the complete contract text is not stored by us. Before sending the order via the online - shopping cart system, the contract data can be printed or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
3.3. for offer requests outside the online shopping cart system, you will receive all contract data in the context of a binding offer in text form sent, for example, by e-mail, which you can print out or save electronically.
4. essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. prices and payment terms
5.1 The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They are via a correspondingly designated button on our website or in the respective offer callable, are shown separately in the course of the ordering process and are to be borne by you in addition, unless the free shipping delivery is promised.
5.3 If the delivery is made to countries outside the European Union, we may not be responsible for further costs incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are borne by you.
5.4. incurred costs of money transmission (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under an appropriately designated button on our website or in the respective offer.
5.6. unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. statutory liability for defects
The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund specialized in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 23.10.2019