General Terms and conditions
Belmento GmbH offers the design, development and trade of barbecue kitchens in the outdoor sector via the online store at the URL https://www.belmento.de and https://www.belmento.com. The following General Terms and Conditions (GTC) apply to all contracts concluded between the customer and Belmento GmbH.
1 General Provisions
Customers in the sense of these GTC are consumers as well as entrepreneurs.
A consumer is any natural person with whom a business relationship is entered into and who acts for a purpose that cannot be attributed to either his or her commercial or independent professional activity.
An entrepreneur is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or self-employed professional activity.
2 Conclusion of a contract in the online store
The products presented in the online store of Belmento GmbH under the URL https://www.belmento.de and https://www.belmento.com do not constitute binding offers for Belmento GmbH. They are merely an invitation to the customer to make a binding offer to order one of the products presented.
Via the online store of Belmento GmbH, the customer has the possibility to plan his individual grill kitchen in the outdoor area by choosing the installed grill, the selection of colors and materials as well as the shape and size of the individual kitchen modules.
Before sending the binding order, the customer is given the opportunity to check and, if necessary, correct his order by listing it in a virtual shopping cart and his order data.
Only after confirming the list from the shopping cart and by sending the binding order, the customer submits an offer to purchase the ordered modules. Belmento GmbH will confirm receipt of the order by e-mail upon receipt.
Subsequently, Belmento GmbH checks the order and is entitled to accept the binding offer for the customer's order within three working days after receipt. Only upon acceptance by Belmento GmbH is an effective purchase contract concluded.
3 Right of revocation and consequences
As a consumer as defined in § 1 para. 1.2, you are entitled to a right of revocation in accordance with § 355 BGB (German Civil Code) within the scope of a distance contract. As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following revocation instructions:
Right of revocation
You have the right to revoke the purchase contract concluded with the acceptance of your offer within 14 days without giving any reasons.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last delivered goods.
To exercise your right of withdrawal, you must inform us (Belmento GmbH, Im Tiergarten 17a, 53343 Wachtberg; Tel. 0228 763 869 50, Email email@example.com) by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use the model revocation form available under the link, which is not mandatory. You can also send another clear declaration. If you exercise your right of revocation, we will send you a confirmation of receipt of your revocation immediately (e.g. by e-mail) after receipt of the revocation.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke the contract, we must reimburse you for all payments we have received from you. Repay immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. No further fees will be charged for the repayment.
In the event that the goods have already been delivered, we shall also reimburse the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us).
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
We reserve the right to refuse repayment until we receive the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely for contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
4 Prices / Delivery and shipping costs
All purchase prices represent the final price including valid sales tax.
Delivery and shipping costs will be charged separately according to the individual order. The amount or more details on their calculation are stated in connection with the respective article offer.
In the case of deliveries abroad, further taxes and/or costs (e.g. customs duties or fees) may be incurred in individual cases, which are to be borne by the customer.
5. payment methods
Belmento GmbH accepts the payment methods conclusively named in the online store. The customer can choose his preferred method of payment from the payment methods available. Delivery will be made only after receipt of payment.
The customer may only offset claims against Belmento GmbH if the counterclaim is undisputed or has been legally established. The same applies to the exercise of a right of retention.
6. delivery and shipping terms
Unless otherwise agreed, the goods shall be delivered by shipping to the delivery address provided by the customer.
The dispatch of the articles bought by the customer takes place only after complete receipt of payment including delivery and forwarding expenses.
In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item shall pass to the customer upon handover to the customer himself or to a person authorized to receive the goods, in the case of a mail-order purchase upon delivery of the goods to a suitable transport person. Reference is made to § 377 para. 1 of the German Commercial Code (HGB).
In the case of customers who are consumers, the risk of accidental loss and accidental deterioration of the sold item shall pass to the consumer - even in the case of a mail-order purchase - when the goods are handed over to the consumer. The handover shall be deemed to be the same if the customer is in default of acceptance.
If goods are shipped by carrier, the goods shall be made available to the customer at the property line to the delivery address designated by the customer, unless otherwise agreed in the individual case.
If the customer wishes to ship the sold item to a location other than the place of performance, the risk shall pass to the customer as soon as Belmento GmbH has handed over the item to the carrier, freight forwarder or other person designated to carry out the shipment.
In the case of customers who are consumers, this shall apply with the proviso that the risk of accidental loss and accidental deterioration shall only pass to the consumer if the consumer has himself commissioned the forwarding agent, the carrier or the person otherwise designated to carry out the shipment and Belmento GmbH has not previously named this person to the consumer. In other cases, the risk of accidental loss and accidental deterioration shall pass to the customer upon handover of the goods to the customer. The handover is equal if the customer is in default of acceptance.
7 Retention of Title
7.1 Belmento GmbH retains title to all goods delivered to a customer until final and complete payment of the delivered goods.
7.2 The customer may not dispose of the goods subject to retention of title.
7.3 In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer shall draw attention to our ownership and notify us immediately.
8. rights in case of defects of the item (warranty)
In the event of defects in the purchased item, the statutory warranty provisions shall apply.
9 Online Dispute Resolution / Alternative Dispute Resolution
In accordance with Regulation (EU) No. 524/2013, the European Commission provides a European platform for the settlement of disputes between consumers residing in the European Union and traders established in the European Union arising from the online sale of goods or the online provision of services via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union (so-called OS platform / URL: http://ec.europa.eu/consumers/odr/). In order to file a complaint on this so-called OS platform, consumers have to fill in an electronic complaint form. The individual information that is mandatory to provide when submitting a complaint is listed in the Annex to Regulation (EU) No. 524/2013.
Belmento GmbH is not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the Consumer Dispute Resolution Act (VSBG).
10 Final Provisions
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of Belmento GmbH. The same shall apply if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. This shall not affect Belmento GmbH's right to bring an action before the court at another statutory place of jurisdiction.
11 Severability clause
Should individual provisions of this contract be invalid, partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid, partially invalid or unenforceable provisions, the parties agree to set a provision that comes closest to the meaning and purpose of the invalid, partially invalid or unenforceable provisions. If the parties fail to reach such an agreement, the invalid, partially invalid or unenforceable provision shall be replaced, at the parties' option, by the legal provision that comes closest to the meaning and purpose of the invalid, partially invalid or unenforceable provision.
Sample cancellation form
represented by the management: Mr. Daniel Ackermann
Im Tiergarten 17a, 53342 Wachtberg / Germany
Phone: (+49) 0228 763 869 50
Commercial register: Bonn Local Court, HRB 24877
Sample cancellation form according to Annex 2 to Art. 246 a § 1 Para. 2 S. 1 No. 1 u. § 2 Para. 2 No. 2 EGBGB (Introductory Act to the German Civil Code)
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back).
- To: Belmento GMBH, Im Tiergarten 17a, 53342 Wachtberg / Germany or e-mail: firstname.lastname@example.org
- Herewith I/we (*) revoke the contract concluded by me/us (*) concerning
the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable