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 supplier ( BM Trading GmbH ) via the bmtrading.de website . Unless otherwise agreed, the inclusion of your own conditions that may have been used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).
(2) As soon as the respective download product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button (" order with obligation to pay " or similar description) you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries about the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Usage license for download products
(1) The download products offered are protected by copyright. You will receive a simple license for every download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple usage license includes the permission to save and / or print out a copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies. You are expressly forbidden to change or edit a file or parts of it and to make it privately or commercially available to third parties in any way.
§ 4 Special agreements on the payment types offered
(1) SEPA direct debit (core and / or company direct debit)
When paying by SEPA core direct debit or by SEPA company direct debit , you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit is collected within 3-5 days after the conclusion of the contract.
The deadline for submitting the pre-notification will be shortened to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the case of a return debit due to your fault, you have to bear the bank fee.
(2) Credit check
If we make advance payments, e.g. for payment on account or direct debit, your data will be sent to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for the purpose of checking creditworthiness on the basis of mathematical-statistical procedures, in order to safeguard our legitimate interests . to pass on. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(3) Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after you have placed your order.
You can find more information about Klarna here . The Klarna app can be found here.
§ 5 Right of retention
You can only exercise a right of retention if it concerns claims from the same contractual relationship.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2)The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
BM Trading GmbH
Telephone: 05257 924298
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "conclusion of the contract" of our general terms and conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. We do not save the full text of the contract. Before sending the order , the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. Since the goods are delivered via download, there are no shipping costs.
5.3. Any costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
5.4. The payment methods available to youare shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7. Statutory warranty rights
The statutory warranty rights exist.
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize 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. You can find more information on this at: https://www.haendlerbund.de/ de / Leistungsungen / Rechtsssicherheit / agb-service .
last update: 27.10.2020