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 the provider (Bifröst GmbH) via the website https://www.greenception.de unless an amendment is agreed upon in writing between the parties. Deviating or conflicting terms and conditions are only valid with our express consent.

(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of their commercial or independent professional activity (entrepreneur). The conclusion of a contract with consumers is excluded.

§ 2 Conclusion of the contract

The subject of the contract is the sale of goods and/or the provision of repair services. The essential characteristics of the goods and/or repair services can be found in the respective offer.

We sell the goods partly or exclusively as a commission agent in our own name on behalf of a third party, i.e., for a third party as the owner of the goods. Regardless of this, we are the contractual partner with all corresponding rights and obligations.

(2)  Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You can submit a binding contract offer (order) by telephone, email, fax, or post.

Acceptance of the offer (and thus conclusion of the contract) occurs immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g., by email), in which the execution of the order or delivery of the goods or provision of the repair service is confirmed to you (order confirmation). If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(5) Upon request, we will prepare an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days (unless a different period is specified in the respective offer). You accept the offer by confirming it in text form.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Provision of services for repairs

(1) If repair services are the subject of the contract, we are responsible for the repair work resulting from the service description. We will carry out these repairs personally or through third parties to the best of our knowledge and understanding.

(2) You are obliged to cooperate. In particular, you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) If you exercise your right of termination in accordance with Section 648 S. 1 of the German Civil Code (BGB), we can demand a flat-rate fee of 10% of the agreed fee if the work has not yet begun. You are entitled to provide evidence that we have actually incurred no costs or significantly lower costs. 

§ 4 Prices, payment terms and shipping costs

(1) The prices and shipping costs listed in the respective offers are net prices. They do not include statutory VAT.

(2) The shipping costs are not included in the purchase price; they will be charged separately unless free shipping has been promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.

(3) If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you must bear. 

(4) Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless a different payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice. You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Unless a different payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

§ 5 Delivery conditions

The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. If payment is made in advance by bank transfer, the goods will be dispatched and/or the repair service will only be provided after we have received the full purchase price or payment amount for the repair service and the shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available for a reason for which we are not responsible despite the timely conclusion of an adequate hedging transaction, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
 
(3) Shipping is at your own risk. If you so wish, shipping will be carried out with appropriate transport insurance, whereby you will be responsible for the costs incurred.
 
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged with additional shipping costs.

§ 6 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- - for damages attributable to us caused by negligence resulting from injury to life, body or health and for other damages caused intentionally or through gross negligence.
- insofar as we fraudulently concealed the defect or provided a guarantee for the quality of the item.
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness.
- for statutory recourse claims that you have against us in connection with rights to defects.

(2) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public praise, and statements by the manufacturer.
 
(3) In the event of defects, we will provide a warranty by repair or replacement at our discretion. If the defect cannot be remedied, you can demand a reduction in price or withdraw from the contract at your discretion. The defect is deemed to have failed after a second unsuccessful attempt unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 7 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
 
(2) We retain ownership of the goods until all claims arising from the current business relationship have been settled in full. Before ownership of the reserved goods is transferred, pledging or transferring them as security is not permitted.
 
(3) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
 
(4) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
 
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) The place of performance and place of jurisdiction is our registered office if you are a businessperson, 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.

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II. Customer information

1. Identity of the provider

Bifröst GmbH Olfener Str. 112 59348 Lüdinghausen Germany Telephone: +492591237140 E-mail: bifroest@gbk-shop.de

2. Information on the conclusion of the contract

The technical steps for concluding the contract and the conclusion of the contract itself are carried out in accordance with Section 2 of our General Terms and Conditions (Part I). erfolgen nach Maßgabe des § 2 unserer Allgemeinen Geschäftsbedingungen (Teil I).

3. Contract language, storage of contract text

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order or inquiry, the contract data can be printed out or saved electronically using the browser's print function.

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

last update: 29.11.2022