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BM Trading
DE

Legal

General Terms and Conditions and Customer Information

The German version of these terms (AGB) is the legally binding text. This English version is provided for convenience only. In case of discrepancy, the German wording prevails.

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (BM Trading GmbH) via the website bmtrading.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) By posting the respective digital content on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms set out in the product description.

(3) The contract is concluded via the online shopping cart system as follows:

The digital content intended for purchase is placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or a similar designation) and entering your personal data and payment conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or be forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you on the website of the instant payment system provider or after you have been redirected back to our online shop, as an order overview.

Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the internet browser) or cancelling the order.

By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally bindingly declare your acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), 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 takes place by email and is partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Usage licence for digital content

(1) The digital content offered is protected by copyright. You receive a usage licence from the respective licensor for each digital content purchased from us. The type and scope of the usage licence result from the licence terms specified in the respective offer.

§ 4 Special arrangements for offered payment methods

(1) SEPA Direct Debit

When paying by SEPA Direct Debit, you authorise us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.

The direct debit is collected within 3–5 days after conclusion of the contract. The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a return debit due to your fault, you are required to bear the resulting bank fee.

(2) Credit check

If we make advance payment, e.g. when paying by invoice or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, Germany, to protect our legitimate interests for the purpose of a credit check on the basis of mathematical-statistical procedures. We reserve the right to refuse you the payment method by invoice or direct debit as a result of the credit check.

(3) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

  • Sofort (instant bank transfer / "Pay Now"). Further information on Klarna and Klarna's terms of use for Germany can be found at Klarna terms of use and klarna.com/de.

§ 5 Right of retention

You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) Insofar as a feature of the digital content deviates from objective requirements, the deviation is only deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own statements and the manufacturer's product description are deemed to be the agreed condition of the digital content, but not other advertising, public statements and announcements by the manufacturer.

b) In the event of defects, we shall, at our option, provide a warranty by means of repair or replacement. If the elimination of the defect fails, you may, at your option, request a reduction in price or withdraw from the contract. The elimination of the defect shall be deemed to have failed after the second unsuccessful attempt, unless something else results in particular from the nature of the digital content or the defect or other circumstances.

c) The warranty period is one year from delivery of the digital content. The reduction of the period does not apply:

  • to damages attributable to us caused culpably arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
  • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the digital content;
  • in the case of items that have been used in accordance with their customary use for a building and have caused its defectiveness;
  • in the case of statutory rights of recourse that you have against us in connection with defect rights.

§ 7 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence (favourability principle).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that 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 domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the seller

BM Trading GmbH
Josefstraße 9
33161 Hövelhof
Germany
Phone: +49 5257 924298
Email: info@bmtrading.de

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options take place in accordance with the "Conclusion of the contract" provisions of our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for offers outside 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 features of the goods or services

The essential features of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including any applicable taxes.

5.2. No shipping costs are incurred.

5.3. Any costs of money transfer (transfer fees or exchange rate fees of the credit institutions) must be borne by you in cases in which delivery is made to an EU member state but payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated on a button labelled accordingly on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.

6. Provision

6.1. The terms for provision, the provision date, and any existing provision restrictions can be found on a button labelled accordingly on our website or in the respective offer.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I.).

These terms and customer information were prepared by lawyers specialising in IT law at Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and accepts liability in the event of warnings. Further information can be found at haendlerbund.de/agb-service.