General Terms and Conditions with Customer Information
Table of Contents
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Scope of Application
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Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Terms
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Delivery and Shipping Conditions
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Retention of Title
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Liability for Defects (Warranty)
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Applicable Law
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company "benidaa.com" (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller with regard to the goods presented by the Seller in their online shop. Any terms and conditions of the Customer are hereby excluded unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of their trade, business, or professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not represent binding offers on the part of the Seller but are intended to enable the Customer to submit a binding offer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days:
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by sending the Customer a written order confirmation or an order confirmation in text form (e.g., by fax or email), whereby the receipt of the order confirmation by the Customer is decisive; or
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by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive; or
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by requesting payment from the Customer after they have submitted their order.
If multiple of the aforementioned alternatives apply, the contract is concluded at the time one of the alternatives first occurs. The period for accepting the offer begins on the day after the offer is submitted by the Customer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this constitutes a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the Customer does not have a PayPal account—under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When paying via a payment method offered by PayPal, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after their order is submitted. The contract text is not made accessible by the Seller beyond this.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact 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. In particular, the Customer must ensure that SPAM filters do not block emails sent by the Seller or third parties commissioned by the Seller to process the order.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller's online shop.
4.3 When selecting the "SOFORT" payment method, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account enabled for "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is executed immediately afterward by "SOFORT," and the Customer's bank account is debited. Further information about the "SOFORT" payment method can be found at https://www.klarna.com/sofort/.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. During the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For return costs in the event of an effective withdrawal, the provisions in the Seller's withdrawal policy apply.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands over the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer even in the case of consumers as soon as the Seller hands over 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 and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to 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 the non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be reimbursed without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides advance performance, they retain ownership of the delivered goods until full payment of the owed purchase price has been made.
- 7) Liability for Defects
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7.1 If the Customer Acts as an Entrepreneur
- The seller has the right to choose the type of subsequent performance.
- For new goods, the limitation period for defect claims is one year from the delivery of the goods.
- For used goods, rights and claims for defects are excluded.
- The limitation period does not restart if a replacement delivery is made under liability for defects.
7.2 Exceptions to the Above Limitations and Reductions
The above-mentioned limitations and reductions do not apply:
- to claims for damages or reimbursement of expenses by the customer,
- in cases where the seller has fraudulently concealed the defect,
- for goods that, according to their usual use, have been used in a building and caused its defectiveness,
- for any obligation of the seller to provide updates for digital products under contracts for the supply of goods with digital elements.
7.3 Statutory Right of Recourse
- For entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.
7.4 Duties of Commercial Customers
- If the customer is a merchant as defined in § 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification of defects in accordance with § 377 HGB. If the customer fails to comply with the notification requirements stipulated therein, the goods are deemed to have been approved.
7.5 If the Customer Acts as a Consumer
- Consumers are requested to report delivered goods with obvious transport damage to the delivery agent and inform the seller accordingly. Failure to do so has no consequences for the customer’s statutory or contractual claims for defects.
8) Applicable Law
- The legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods.
- For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection provided by mandatory provisions of the law of the country where the consumer has their habitual residence.