Terms and Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Hazem Hamoud) via the website www.be-fox.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a 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 goods.
(2) As soon as the respective product is posted on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected 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 directed back to the order overview page in our online shop.
Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.
By sending the order using the “buy” button, you declare your legally binding acceptance of the offer, which means the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(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 email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Installment purchase via easyCredit
When purchasing in installments via easyCredit, the General Terms and Conditions for installment purchasing from easyCredit also apply. You can find the terms and conditions here (https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf).
(2) Purchase on account via paymorrow
If you pay on account (purchase on account via paymorrow), the ordered goods will be sent or delivered to you together with the invoice. The purchase price is due for payment within 21 (twenty-one) calendar days of the invoice date.
(3) Payment via “secupay credit card”, “secupay direct debit” or “secupay purchase on account”
For the payment methods "secupay credit card", "secupay direct debit" or "secupay purchase on account" we transfer our payment claim against you in full and irrevocably to secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG will carry out a credit check using the data transmitted as part of the order.
We reserve the right to refuse you the payment method you have chosen as a result of the credit check; you will be informed of this before sending your order.
If the payment method "secupay credit card" or "secupay direct debit" is permitted, secupay AG accepts the assignment and subsequently collects the fee from your account via your credit card or by direct debit. Your bank or credit card account will be debited upon completion of the order.
If the payment method "secupay purchase on account" is approved, secupay AG accepts the assignment and the ordered goods will be sent or delivered to you together with the invoice. The purchase price is due for payment to secupay AG, Goethestraße 6, 01896 Pulsnitz within 10 (ten) calendar days after delivery of the goods.
(4) Purchase by direct debit via Novalnet
When purchasing by direct debit via Novalnet AG, offered in Germany and Austria, the payment amount is due immediately by direct debit from the checking account specified in the ordering process at the credit institution specified there (the checking account). You hereby revocably authorize Novalnet AG to collect the payments to be made by you by direct debit from your current account by direct debit. If the checking account does not have the required funds, the bank holding the account has no obligation to redeem it. Partial redemptions will not be made using direct debit.
By specifying your checking account, you confirm that you are authorized to direct debit via the corresponding checking account. Return direct debits involve a lot of effort and costs for us and Novalnet AG. In the event of a return debit (due to insufficient funds in the current account, due to the expiration of the current account or objection by the account holder or due to incorrect account details being transmitted), you are obliged to pay a processing fee of EUR 7.50 per return debit. You will be given the opportunity to provide evidence that the return debit resulted in lower or no costs. Further demands are reserved. In view of the effort and costs for return direct debits and in order to avoid the processing fee, you are asked not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the payment will be reversed by transferring the corresponding amount back or by crediting it.
(5) Purchase on account via Novalnet
When purchasing on account, the invoice amount is due for payment to our external partner, Novalnet AG, no later than the calendar day specified in the invoice.
In this case, you can only make payments to Novalnet AG with debt-discharging effect.
Even when purchasing on account via Novalnet AG, we remain responsible for general customer inquiries, for example regarding goods, delivery times, shipping, returns, complaints, cancellation notices or credit notes. This payment method is only available to customers from Germany. Novalnet AG checks and evaluates your information and, if justified, exchanges data with other companies and credit reporting agencies (credit check). If your creditworthiness is not guaranteed, Novalnet AG can refuse to allow you to purchase on account and will point out alternative payment options.
(6) Barzahlen.de via novalnet
If cash payments have been agreed, payment is due immediately after conclusion of the contract. After completing the order, you will receive a payment slip which you can print out, have scanned at the checkout at one of the Barzahlen partner branches (https://www.barzahlen.de/filialfinder) and pay the amount there in cash. Alternatively, you can have a payment code sent to your cell phone via SMS, give the payment code to the cashier at the Barzahlen partner branch and pay the amount there in cash. The Barzahlen partner branch (https://www.barzahlen.de/filialfinder) sends the payment confirmation in real time, whereupon the shipping process is started immediately.
(7) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 1-10 days after conclusion of the contract.
The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a return debit due to your fault, you will have to pay the applicable bank fee.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
§ 6 Choice of law
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Mountain path 4
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the conclusion of the contract
The technical steps to conclude 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 complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
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. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
5.3. 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 from credit institutions), which must be borne by you.
5.4. Any costs incurred for the money transfer (transfer or exchange rate fees from 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.
5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service).
last updated: October 23, 2019