The following general terms and conditions regulate the contractual relationship between Backstop-Netting.com and the consumers and entrepreneurs who buy goods through our shop. Conflicting conditions or conditions deviating from our terms and conditions will not be accepted by us. The contract language is english.
(1) The offers on the Internet represent a non-binding invitation to you to buy goods.
(2) You can add one or more products to your shopping cart. During the order process you enter your data and wishes regarding payment method, delivery modalities etc.. Only by clicking on the order button do you make a binding offer to conclude a purchase contract. You can also place a binding order by telephone or email.
(3) With the confirmation of receipt sent immediately by e-mail, the acceptance of your offer is also declared and the contract of sale is concluded at the same time. In the case of an order by telephone, the sales contract is concluded when we immediately accept your offer. If the offer is not accepted immediately, you are no longer bound by it.
Your order with details of the concluded contract (e.g. type of product, price etc.) will be stored by us. We will send you the General Terms and Conditions, but you can also call up the General Terms and Conditions at any time after conclusion of the contract via our website. As a registered customer you can access your past orders via the customer login area (My Account).
You can correct your entries at any time before placing your order by pressing the delete button. We will inform you on the way through the order process about further correction possibilities. You can also completely end the ordering process at any time by closing the browser window.
The object of purchase remains our property until full payment has been received.
(1) For our goods there are legal rights of liability for defects.
(2) Warranty to consumers for used goods
Your claims for defects in used goods become statute-barred one year after delivery of the sold goods to you. Excluded from this provision are claims for damages, claims for defects which we maliciously concealed and claims from a guarantee which we have assumed for the condition of the item. The statutory limitation periods shall apply to these excluded claims.
(3) Warranty to entrepreneurs
Your warranty claims due to defects of the object of purchase shall become statute-barred one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects which we maliciously concealed and claims from a guarantee which we have assumed for the condition of the item. The right of recourse according to § 478 BGB is also excluded. The statutory limitation periods shall apply to these excluded claims.
We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damages from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The duties essential to the contract include in particular the duty to hand over the item to you and to obtain ownership of it for you. Furthermore, we shall provide you with the goods free of material defects and defects of title.
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
§ 9 settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
§10 Supplements to the Terms and Conditions
Our General Terms and Conditions of Business apply exclusively, with which our customer agrees when placing an order, and also for future transactions, even if no express reference is made to them, but they have been received by the customer on an order confirmed by us. If the order is placed in deviation from our General Terms and Conditions, our General Terms and Conditions shall only apply, even if we do not object. Deviations are therefore only valid if they have been expressly accepted by us in writing.
We are entitled to assign the claims arising from our contractual relationships.
All contracts concluded between us shall be governed exclusively by German law to the exclusion of the UN Sales Convention and conflict of laws provisions of German law.
The place of jurisdiction is, at our discretion, the registered office of our company.
If the customer is in arrears with payment obligations towards us, all existing claims shall become due immediately.
We are entitled to assert our rights from the retention of title – in particular the taking back of the goods delivered under retention of title – without prior rescission of the respective purchase contract.
Offsetting with counterclaims by the customer is excluded, unless the counterclaims are undisputed or legally binding. The assertion of a right of retention by the customer is excluded, unless it is based on the same contractual relationship or the counterclaims are undisputed or legally binding.
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission is providing an online dispute resolution (OS) platform, which you can access at https://ec.europa.eu/consumers/odrfindest. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.