Terms of Service
Our deliveries, services and offers are based exclusively on these terms and conditions. They also apply to all future contracts, even if they are not expressly agreed again. They contain all rights and obligations between the customer and the bhv and are solely binding, regardless of deviating terms and conditions of the customer.
2. Conclusion of contract
Offers from bhv are subject to change and non-binding. A contract is only concluded with a written order confirmation from bhv or with the start of execution of the order by bhv. If the contract is not fulfilled for reasons for which the customer is responsible, bhv can charge 15% of the order value.
3.1 With the delivery and payment of the software programs, the non-transferrable and non-exclusive right to use the provided programs on a specific computer system specified in the contract together with the – individually listed – connected devices is transferred, since for each central unit on which the program is to be used, a separate license is required, unless otherwise agreed. However, the right of use granted for a specific central unit also applies temporarily to use on another central unit if this becomes necessary due to a failure of the specific central unit due to a malfunction. The purchaser shall notify bhv immediately of an intended change of the specific central unit. bhv will then confirm the change of designated central unit and the time at which the change will take effect.
The making of copies or other reproductions of the provided program or provided documents is only permitted for your own data backup purposes. These copies may only be used if the original is no longer usable due to damage or destruction. Any further use, in particular multiple use or use on a modified hardware configuration, is not permitted and is also not covered by the purpose of the contract; it requires the written consent of the bhv – if necessary after consultation with the relevant system house – which is granted provided that there are no legitimate interests to the contrary.
All rights to the programs and the documentation – in the original and in copy – remain with the bhv. Extensions or other interventions are not permitted and do not invalidate bhv’s rights. The transfer of rights and obligations from this contract or program documents requires the prior written consent of bhv, which will only be refused if there are conflicting legitimate interests.
The customer is liable bhv for damages due to misuse of the programs, especially when the programs and/or documents are passed on to unauthorized third parties. bhv is entitled to demand a contractual penalty of three times the retail price for each case of infringement. All copyright claims and claims for damages against the customer remain unaffected.
If the customer has acquired the program or the program carrier for resale, he is not permitted to reproduce the program in whole or in part, not even for the purpose of data backup. The reseller may only hand over the programs to third parties if they have given a written undertaking to comply with bhv’s general terms and conditions of sale, delivery and payment, both towards the reseller and towards bhv. 2/3 of the contractual penalty to be paid by third parties in the event of an infringement falls to bhv and 1/3 to the reseller. The order confirmation issued by bhv and these general terms and conditions are exclusively decisive for the content of the delivery obligation. bhv is entitled to make partial deliveries. The license or serial number of the program issued by the program manufacturer must be shown on the invoice by the reseller.
3.2 The same regulations apply to the program manuals and the other deliveries with regard to reproduction and distribution, including the contractual penalty.
3.3 Dispatch and delivery are at the expense of the customer. The risk passes to the customer when the goods are dispatched. This also applies if carriage paid delivery has been agreed. If the goods are to be picked up by the customer, the risk is transferred to the customer upon notification of readiness.
4. Remuneration and Terms of Payment
4.1 If the list prices on which the agreed prices are based change four months before the planned delivery date, the changed list prices are deemed to have been agreed.
4.2 The purchase price is due when the object of purchase is handed over or when the customer defaults in acceptance. This also applies to partial deliveries. Deliveries up to € 250 are only made against prepayment or cash on delivery. All prices do not include the value added tax applicable at the time of delivery and are payable immediately without deduction when due. If the customer is in arrears with the payment, bhv is entitled to demand reminder fees of €5.00 and interest on arrears of 5% above the respective base interest rate of the Bundesbank per month. This interest on arrears is calculated for each commenced month in which bhv has fulfilled the contract by dispatching, providing or delivering the requested goods or performing the corresponding services. Default occurs 30 days after the invoice date. Withdrawal and assertion of claims for damages remain unaffected.
4.3 The customer can only offset counterclaims if these are undisputed or have been legally established. The customer can only assert a right of retention due to a counterclaim if the bhv’s claim for payment and the customer’s counterclaim
based on the same contractual relationship. This restriction does not apply if these general terms and conditions apply to merchants.
5. Retention of title
The goods remain the property of bhv until the purchase price has been paid in full. The customer is not permitted to pledge, transfer security or transfer the goods in exchange. If third parties access the goods, the customer must notify bhv immediately. If the customer sells goods that are owned by bhv, the customer and bhv agree that the claims arising from the resale are transferred to bhv as soon as they arise. If the goods are sold together with other items, the assignment of the purchase price claim is limited to the amount of the value of the goods originating from the property of bhv. The customer is revocably authorized to collect the claims assigned to bhv for their account to move in on their own behalf.
6. Default and non-performance
Compliance with deadlines requires that the customer fulfils his contractual obligations, in particular his payment obligations, on time and in full. Otherwise, an agreed deadline shall be extended by a period corresponding to the delay. If a performance is delayed beyond the time promised by bhv, rights resulting from this can only be asserted after the expiry of a period of at least three weeks set by the purchaser, unless the purchaser proves that his interest has completely ceased to exist due to the exceeding of the deadline. If bhv is in delay with the delivery or if the delivery becomes impossible for bhv, the compensation of indirect damage is excluded, as far as the delay or impossibility is not based on a grossly negligent or intentional breach of contract by bhv. The claim for damages caused by delay is limited to 1% per completed week, but in total to 20% in each case in relation to the agreed remuneration for the delivery or the part of the delivery that cannot be used because it was not made available on time.
In the event of culpable non-performance, the Purchaser may claim damages, limited to the aforementioned maximum amount.
In the case of delivery disturbances that are not within the sphere of influence of bhv, bhv is entitled to withdraw from the contract without any obligation to pay damages.
Further and other claims for compensation by the purchaser are excluded in all cases of delayed performance or non-performance, even after the expiry of a period of grace granted to bhv. The provisions of the preceding paragraph shall not apply insofar as liability is assumed in cases of intent or gross negligence. The purchaser’s right to withdraw from the contract in accordance with the statutory provisions remains unaffected.
The purchaser undertakes to inspect the goods delivered by bhv immediately after arrival and to notify bhv in writing of any damage, defects, etc. within 8 days. In the event of failure to notify bhv in due time, any warranty claim of the purchaser shall expire, unless the defect was not recognisable despite inspection.
A warranty obligation of bhv is limited, at its discretion, to replacement delivery or rectification. When using these general terms and conditions in commercial transactions, bhv is also entitled to limit the warranty to the assignment of its own warranty claims against manufacturers, suppliers or authors, unless the defect has its cause in the area of responsibility of bhv. If the rectification or replacement delivery by bhv or the satisfaction from the assigned warranty claims fails, the purchaser can demand a reduction of the remuneration or cancellation of the contract at his discretion. Any further claim of the purchaser for compensation of direct or indirect damage is excluded unless the damage is due to a grossly negligent or intentional breach of contract by bhv.
bhv shall only assume liability insofar as such liability is expressly regulated in these terms and conditions. In particular, claims arising from culpa in contrahendo, positive breach of contract or non-contractual liability are excluded. The exclusion of liability does not affect cases in which liability is mandatory due to intent or gross negligence.
The customer shall indemnify bhv against all claims of third parties that exceed the scope of liability according to these terms and conditions
9. Export regulations
If the purchaser – insofar as he is contractually entitled to do so – intends to export goods purchased from bhv, the purchaser shall comply with the export regulations of the Federal Republic of Germany. In the event of a resale, the purchaser shall oblige the reseller accordingly.
10. Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. We are obliged to participate in the dispute resolution procedure. You can find our e-mail address in our imprint. A list with the contact details of the recognised dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Other provisions
11.1 The place of performance for both parties is Neuss. In commercial transactions, Neuss is agreed as the place of jurisdiction.
11.2 The legal relations between bhv and the customer shall be governed exclusively by the law of the Federal Republic of Germany.
11.3 Should any provision of the contract be invalid in whole or in part, this shall not affect the validity of the remainder of the contract.