Terms of service

General Terms and Conditions for Consumers (GTC): 

§1 Scope of the GTC
All current and future deliveries and services of BTB Elektronik Vertriebs GmbH (hereinafter: “BTB”) are provided on the basis of the statutory provisions and the following General Terms and Conditions. 

§ 2 Payments, offsetting and right to refuse performance
2.1 Payments are due immediately without deduction, unless otherwise stated in the order confirmation or invoice. Cash on delivery shipments are payable without any deduction. Only the currency EUR is accepted for cash payments. In the case of the agreed payment method of advance payment, acceptance of the contract is declared at the time the customer makes advance payment if payment is made within 10 days of dispatch of the order. 

2.2 The Buyer may only offset undisputed or legally established claims or with the written consent of the Seller and may only exercise a right of retention in such cases. 

§ 3 Retention of title
3.1 BTB retains ownership of the goods (reserved goods) until all payments from the purchase contract have been received. The delivered goods only become the property of the buyer when he has fulfilled all his obligations from the business relationship, including ancillary claims, claims for damages and redemption of checks and bills of exchange. In the case of the check/bill of exchange procedure the retention of title in all its forms listed here does not expire with the check payment, but only with the encashment of the bill of exchange. 

3.2 The buyer has to inform BTB immediately about all accesses of third parties, especially about enforcement measures as well as other impairments of his property. The buyer has to compensate BTB for all damages and costs, which are caused by a breach of this obligation and by necessary measures to protect against access of third parties. 

3.3 If the buyer does not fulfill his payment obligation despite a reminder from BTB, BTB can demand the return of the reserved goods still in its ownership without prior notice. The transportation costs incurred shall be borne by the buyer. The seizure of the reserved goods by BTB is always a withdrawal from the contract. BTB is authorized to utilize the reserved goods after their retention. The realization proceeds will be offset against the outstanding claims by BTB. 

§ 4 Liability
BTB is liable for intent and gross negligence on the part of its legal representatives, employees and vicarious agents. Otherwise, BTB's liability is excluded, regardless of the legal grounds (including e.g. impossibility, culpa in contrahendo, positive breach of contract, warranty, tort). This exclusion of liability does not apply to claims due to injury to 

a) of life, body or health; 

b) claims under the Product Liability Act;

c) in the event of a breach of a guarantee - assumed in writing - with regard to the damage against which the guarantee is intended to protect; 

d) in the event of a breach of a material contractual obligation; 

e) in the event of delay in delivery. 

In the event of a breach of an essential contractual obligation as well as in the event of delay in delivery, the liability of BTB for simple negligence is limited to foreseeable and direct damages and to a maximum of the value of the goods of the respective part of the delivery, unless a higher liability limit is agreed in individual cases. In these cases BTB is especially not liable for loss of profit of the customer or for unforeseeable indirect consequential damages. The limitations of liability according to the two preceding sentences also apply if a damage is based on gross negligence or intent of an employee or agent who is not a managerial employee of BTB. 

§ 5 Data protection notice
The customer agrees to the storage, processing and use of the personal data transmitted to BTB by your order for the purpose of executing your order. When a purchase is made, personal data (name and address) are transmitted to BTB. This data is processed and stored in accordance with the statutory provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). The data will not be passed on to third parties, with the exception of the companies involved in the processing of the contract. The customer has the right to receive information free of charge about the personal data stored about him. The customer has the right to revoke consent to the storage of data at any time with effect for the future. In this case, please contact BTB at the address given in the legal notice.

Further information on data protection can be found under the heading Data protection.

End of the General Terms and Conditions of Contract and Delivery for Consumers.

FOR BUSINESS CUSTOMERS (companies, entrepreneurs, traders who are not consumers within the meaning of § 13 BGB) The General Terms and Conditions of Contract and Delivery in the following section are intended exclusively for non-consumers:

§ 1 Scope of the GTC
All current and future deliveries and services of BTB Elektronik Vertriebs GmbH (hereinafter: “BTB”) for commercial customers are provided exclusively on the basis of the following Terms and Conditions of Sale, Delivery and Payment (hereinafter: “GTC”). Deviating conditions of the contractual partner shall only apply in the event of express written confirmation by BTB.

§ 2 Conclusion of contract
Offers of BTB are subject to change and subject to correct and timely delivery to BTB. BTB reserves the right to prior sale of stock items. Orders of the customer contain binding offers, which BTB accepts by sending a written order confirmation or by sending the ordered goods at the invoiced final price. Verbal information, product descriptions, performance specifications, etc. do not constitute a guarantee or quality agreement, unless they are expressly confirmed in writing by BTB as “binding”. Minor deviations of the goods from product specifications are considered approved, as far as reasonable for the customer.

§ 3 Prices
All prices quoted by BTB, including those in the order confirmation, are subject to change, with a commitment period of 4 months after the order confirmation is issued. Unless otherwise stated, the prices quoted include the currently valid statutory value added tax.BTB reserves the right to increase prices in the event of an increase in procurement costs or other costs relevant to the purchase price. Packaging and shipping costs are not included in the prices quoted. Discounts are not granted if the customer is in arrears with the payment of previous deliveries.In case of a purchase price in a foreign currency the customer bears the risk of a deterioration of the exchange rate of the currency against the Euro for the period from the conclusion of the contract until receipt of the amount by BTB. 

§ 4 Payments, offsetting and right to refuse performance
4.1 Payments are due immediately without deduction, unless otherwise stated in the order confirmation or invoice.Cash on delivery shipments are payable without any deduction. Only the currency EUR is accepted for cash payments. In the case of the agreed payment method of advance payment, acceptance of the contract is declared at the time the customer makes advance payment if payment is made within 10 days of dispatch of the order. 

4.2 The Buyer may only set off undisputed or legally established claims or with the Seller's written consent and may only exercise a right of retention in such cases. 

§ 5 Delivery time / reservation of self-delivery / allocation (= delivery bottleneck) / delay on the part of the Seller
5.1 Delivery dates are specified in the order confirmation to the best of our knowledge and as accurately as possible. The delivery period shall commence upon receipt of the order confirmation by the Buyer, but not before the documents, approvals and releases to be procured by the Buyer have been provided and an agreed down payment has been received.Partial deliveries are permissible insofar as they are reasonable for the Buyer. 

5.2 If non-compliance with the deadlines is due to allocation or force majeure, e.g. mobilization, war, riot, or similar events, e.g. strike, lockout, the deadlines shall be extended accordingly. 

5.3 If, despite the conclusion of a congruent hedging transaction, the Seller is not supplied with the goods ordered by the Buyer on time or correctly by its supplier, without the Seller being responsible for the incorrect or untimely self-delivery, the Seller may withdraw from the contract with the Buyer. The Buyer must be notified of the incorrect or untimely self-delivery. If the seller does not withdraw from the contract, he shall be released from his obligation to perform for the duration of the untimely or incorrect self-delivery.

§ 6 Delivery, transfer of risk, partial performance
Parcels are insured by BTB up to a value of EUR 400. If a higher transport insurance is desired, this must be requested separately and ordered on request. Subject to any other rights of BTB, delivery to the customer takes place upon handover to the carrier. The transfer of risk takes place at this time. The selection of the carrier is made by BTB. BTB will endeavor to consider the time of delivery requested by the customer as good as possible when initiating the shipment and the delivery date. BTB is entitled to make partial deliveries. The delivery of a smaller quantity than ordered does not release the customer from the obligation to accept and pay for the delivery. Delay in delivery of a partial delivery does not entitle the customer to cancel other parts of the contract. Postponements of call-off orders require the written form and are only considered as accepted if this is confirmed in writing by BTB. Customs duties, consular fees and other charges/fees levied due to regulations of the country of export, transit or destination are generally not included in the agreed prices. 

§ 7 Delivery time
Delivery shall be made on the agreed dates, subject to correct and timely delivery to us. This also applies after order confirmations. Delivery dates are considered to be met if BTB hands over the goods to the agreed or chosen carrier in time so that they reach the customer within +/- one week under normal circumstances. If no special delivery date is stated, BTB always tries to fulfill the orders at the next possible date. 

§ 8 Delivery disturbances,
Delay Circumstances and events for which BTB is not responsible, which prevent or significantly impede the delivery, entitle BTB to postpone the service for the duration of their effect plus a reasonable start-up period. If the delay in delivery lasts more than eight weeks, either party can withdraw from the contract in whole or in part. Unless otherwise agreed, delivery disruptions for which BTB is not responsible include force majeure, natural disasters, acts or omissions of third parties or public, official or military bodies, changes in the law, material shortages, riots, war, terrorist attacks, transport delays and failure or disruption of normal sources of supply for labor or materials. If a change in governmental or official import conditions prevents delivery, BTB is entitled to withdraw from the contract. In such a case BTB will conclude a new contract adapted to the changed conditions at the request of the customer. If BTB is in default, § 12 applies for the liability.

§ 9 Retention of title
9.1 BTB retains ownership of the goods (reserved goods) until all payments from the purchase contract have been received. The delivered goods only become the property of the buyer when he has fulfilled all his obligations arising from the business relationship including ancillary claims, claims for damages and redemption of checks and bills of exchange. In the case of the check/bill of exchange procedure the retention of title in all its forms listed here does not expire with the check payment, but only with the encashment of the bill of exchange. 

9.2 The buyer has to inform BTB immediately of all accesses of third parties, especially of enforcement measures as well as other impairments of his property. The buyer has to compensate BTB for all damages and costs, which are caused by a breach of this obligation and by necessary measures to protect against access of third parties. 

9.3 If the buyer does not fulfill his payment obligation despite a reminder by BTB, BTB can demand the return of the reserved goods still in its ownership without prior notice. The transportation costs incurred shall be borne by the buyer. The seizure of the reserved goods by BTB is always a withdrawal from the contract. BTB is authorized to utilize the reserved goods after their retention. The realization proceeds will be offset against the outstanding claims by BTB. 

§ 10 Notification of defects, warranty and warranty processing
The customer is responsible to inspect the goods according to § 377 HGB (German Commercial Code) and to report any obvious defects/other deviations within 10 days after receipt of the delivery. If the goods are defective at the time of transfer of risk and this is reported in time, BTB is only obliged to repair or deliver defect-free goods at its own discretion. If BTB is not willing or able to do so within a reasonable time or if the supplementary performance fails for other reasons, the customer can choose to withdraw from the contract. If the customer has suffered damages or made futile expenses due to defects of goods delivered by BTB, § 12 liability applies. There is no warranty for 

a) for defects that have arisen after the transfer of risk, e.g. due to faulty operation (non-compliance with the specified usage specifications or conditions), damage or other external influences,

 b) in the event of late notification of defects or 

c) to persons other than the customer. Warranty processing. 

The return shipment in the event of a warranty claim must be notified to BTB in writing within 14 days. The goods should be returned in undamaged original packaging. In order to support a speedy process, a description of the fault should be enclosed with the return shipment. In this context, please do not write anything on the packaging. If BTB issues a processing number (RMA), this must be clearly indicated on the accompanying documents. The packaging for the return shipment must protect the goods securely against damage - the requirements for the shipment of goods by carriers must be observed. Returns must be sent carriage paid. Unpaid returns will not be accepted. If the warranty is granted, the actual shipping costs for normal parcel shipping for the return shipment will be reimbursed upon request. 

§ 11 Period for claims for defects and warranty
The limitation period for claims for defects for new items is one year and for used items six months from the transfer of risk. Should the manufacturers and suppliers of BTB grant extended warranty claims for goods or a guarantee for a longer period, this is only valid for the customer if confirmed in writing by BTB. There is no warranty claim for tubes in the event of glass breakage and filament breakage. The warranty claim shall also lapse in the event of improper use of the goods. 

§ 12 Liability
BTB is liable for intent and gross negligence on the part of its legal representatives, employees and vicarious agents. Otherwise, BTB's liability is excluded, irrespective of the legal grounds (including, for example, impossibility, culpa in contrahendo, positive breach of contract, warranty, tort). This exclusion of liability does not apply to claims due to injury to

 a) of life, body or health;

 b) in the case of claims under the Product Liability Act; 

c) in the event of a breach of a guarantee - assumed in writing - with regard to the damage against which the guarantee is intended to protect; 

d) in the event of a breach of a material contractual obligation; 

e) in the event of delay in delivery. 

In the event of a breach of an essential contractual obligation as well as in the event of a delay in delivery, the liability of BTB for simple negligence is limited to foreseeable and direct damages and to a maximum of the value of the goods of the respective part of the delivery, unless a higher liability limit is agreed in individual cases. In these cases BTB is especially not liable for loss of profit of the customer or for unforeseeable indirect consequential damages. The limitations of liability according to the two preceding sentences also apply if a damage is based on gross negligence or intent of an employee or agent who is not a managerial employee of BTB. 

§ 13 Restrictions on use, exemption
The products sold by BTB are only intended for the purposes specified by the respective manufacturer. These regularly do not include the use of the products in life-sustaining or life-supporting systems, in connection with nuclear material or for other purposes in which a failure of the product can reasonably be expected to lead to injury to life, limb or health or to exceptionally high financial losses. In the event that the Customer uses goods or services purchased from BTB in such contexts or resells them for such use, this shall be at the Customer's own risk and sole responsibility. The customer hereby indemnifies and holds BTB and the respective manufacturer harmless from any liability arising from the use of goods in such contexts to the full extent upon first request, including the costs of reasonable legal defense. 

§ 14 Resale / Export control
All items delivered by BTB are intended to remain in the country of delivery agreed with the customer. The resale or other use of the goods and the technology and documentation associated with them are subject to the export control regulations (laws, regulations, directives, decisions, administrative acts) of Germany and apply before EU law. It is the customer's responsibility to inform himself about these regulations, to observe them and, if necessary, to apply for and obtain the corresponding export, re-export or import licenses himself. 

§ 15 Data protection notice
The customer agrees to the storage, processing and use of the personal data transmitted to BTB by your order for the purpose of executing your order. When a purchase is made, personal data (name and address) are transmitted to BTB. This data is processed and stored in accordance with the statutory provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). The data will not be passed on to third parties, with the exception of the companies involved in the processing of the contract. The customer has the right to receive information free of charge about the personal data stored about him. The customer has the right to revoke consent to the storage of data at any time with effect for the future. In this case, please contact BTB at the address given in the legal notice. Further information regarding data protection can be found under the heading Data protection.

§ 16 Place of fulfillment, place of jurisdiction, miscellaneous and severability clause
All obligations arising from the existing business relationship with BTB are to be fulfilled at the registered office of the respective business establishment executing the order. The place of jurisdiction for all disputes between BTB and the customer, also in connection with bill of exchange and check claims, is Fürth/Bavaria. German law shall apply. The language available for the conclusion of the contract is exclusively German. Should individual provisions of these GTC or a provision within the framework of other agreements with the customer be or become invalid, this shall not affect the validity of all other provisions or agreements. The contracting parties undertake to replace any invalid contractual provisions with agreements whose content comes as close as possible to the economic purpose pursued by the invalid clause. 

You will receive our bank details for payment in advance with your order confirmation.

Illustrations may differ.