Black-Tek | Terms-of-Use

Terms of Use

These General Terms and Conditions of Black Tek GmbH apply to all contracts for the delivery of goods that a consumer or entrepreneur concludes with the Seller regarding the goods displayed by the Seller in its online shop.
The inclusion of the Customer's own conditions is hereby objected to, unless agreed otherwise.
A consumer within the meaning of these terms of use is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
An entrepreneur within the meaning of these terms of use is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

Contract Conclusion

The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but are rather intended to submit a binding offer by the Customer.

The Customer can submit the offer via the integrated online order form in the Seller's online shop. After selecting the goods and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Additionally, the Customer can also submit the offer via email, fax, post, or telephone to the Seller.

The Seller can accept the Customer's offer within five days by:
sending a written order confirmation or order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller does not provide any further accessibility of the contract text. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.

Before submitting the binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their inputs within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

Only the German and English languages are available for the conclusion of the contract.

Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.

Right of Withdrawal

Consumers generally have a right of withdrawal.

Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

Prices and Payment Conditions

Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply will be separately indicated in the respective product description.

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

The payment option(s) will be communicated to the Customer in the Seller's online shop.

Delivery and Shipping Conditions

If the Seller offers the shipping of the goods, the delivery will be made to the delivery address specified by the Customer within the delivery area specified by the Seller, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs thereby incurred by the Seller. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller's withdrawal policy shall apply if the Customer effectively exercises their right of withdrawal.

If the Customer is acting as a business entity, the risk of accidental loss and deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and deterioration of the sold goods shall generally only pass to the Customer upon delivery of the goods to the Customer or an authorized recipient. However, in deviation thereof, the risk of accidental loss and deterioration of the sold goods shall also pass to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment with the execution and the Seller has not previously named this person or institution to the Customer.

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded promptly.

If the Seller offers the goods for collection, the Customer can collect the ordered goods during the Seller's specified business hours at the address specified by the Seller. In this case, no shipping costs will be charged.

Retention of Title

In relation to consumers, the Seller reserves ownership of the delivered goods until the full payment of the purchase price owed has been received.

In relation to business entities, the Seller reserves ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

If the Customer is acting as a business entity, the following shall also apply:
In the event of processing the delivered goods, the Seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing is done together with other materials, the Seller acquires ownership in proportion to the invoice values of its goods compared to those of the other materials. If, in the case of connection or mixing of the Seller's goods with an item of the Customer, the latter is to be regarded as the main item, co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value, or in the absence thereof, to the market value of the main item. In these cases, the Customer is considered a custodian. The Customer may not pledge or assign as security items subject to retention of title or other reservation of ownership rights. The Customer is only entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns all resulting claims against third parties in advance to the Seller up to the respective invoice value (including value-added tax). This assignment applies regardless of whether the reserved goods have been resold with or without processing. The Customer shall remain authorized to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer fulfills its payment obligations to the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed. The Customer shall immediately notify the Seller of access to goods owned or co-owned by the Seller or of assigned claims. The Customer shall immediately remit to the Seller any amounts collected by it, which have been assigned to the Seller, as soon as the Seller's claim becomes due. To the extent that the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security rights upon the Customer's request.

Liability for defects

Unless otherwise specified in the following provisions, the statutory warranty provisions shall apply. Deviating from this, for contracts for the delivery of goods, the following shall apply:

If the customer acts as an entrepreneur:
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from the delivery of the goods;
- rights and claims for defects are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty for defects.

The liability limitations and shortened periods of limitation specified above do not apply:

to claims for damages and reimbursement of expenses by the customer;
in the event that the seller has fraudulently concealed the defect;
for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
for any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

Furthermore, for entrepreneurs, the statutory limitation periods remain unaffected for any existing statutory recourse claim.

If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

Liability

The seller is liable without limitation on any legal basis

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
under a guarantee promise, unless otherwise regulated,
under mandatory liability, such as under the Product Liability Act.

If the seller negligently breaches a material contractual obligation, liability is limited to the typically foreseeable damage typical for the contract, unless unlimited liability is provided for according to the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies.

Otherwise, the seller's liability is excluded.

The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer's registered office is outside the territory of the Federal Republic of Germany, the registered office of the seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. However, in the aforementioned cases, the seller is entitled to bring legal action against the customer at the customer's registered office.

Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) which can be accessed via the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving consumers.

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.