This a translation for convenience only; if anything differs, the original German version prevails.
Scope, definitions
The following General Terms and Conditions apply exclusively to the business relationship between Original BTC GmbH (“Supplier”) and the customer (“Customer”) in the version valid at the time of the order. Deviating terms and conditions of the Customer are not recognised unless the Supplier expressly agrees to their application in writing.
A Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in exercise of their commercial or self-employed professional activity.
Custom-made items are all goods that differ from our “standard” products (i.e. those offered for sale on the Original BTC website at the time of order).
“Contract” means the contract concluded between the Customer and the Supplier for the sale of the goods.
Contracting party
Original BTC GmbH is a manufacturer of classic and contemporary lighting products produced in the United Kingdom. You can reach us by telephone on +49 89 54195291 or in writing at Original BTC GmbH, Gärtnerplatz 1, 80469 Munich. sales.de@originalbtc.com.
Original BTC GmbH is a company registered in Germany with the Local Court (Amtsgericht) Munich under HRB 104261 and VAT number DE367974046. Our registered office is at Gärtnerplatz 1, 80469 Munich.
Conclusion of contract
If you wish to order goods, you can do so in various ways, e.g. via our online checkout on our website, by email to sales.de@originalbtc.com or in writing to the address stated in § 2(1). On request we can provide a written quotation that is valid for 30 days unless revoked earlier by us or expressly issued with a different binding period.
When you place an order, we will review it and either accept or reject it (for example, we may reject an order because a product is not in stock). If the order is accepted, we will send you an order confirmation, which forms the contract.
We may agree to lend you goods for use as samples. Samples are provided at our discretion, and sample status must be expressly confirmed by us before your order is accepted. Samples are invoiced and must initially be paid for in full (either on placing the order or on the invoice due date, depending on the agreed payment terms). If the samples are returned to us within 30 days in their original condition, we will either refund or credit the cost of the samples, depending on whether an order is placed.
If you enter into a contract as a business, you are obliged, upon conclusion of the contract, to pay for the goods in full. Cancellation is only permitted with our consent. If we permit cancellation, you must bear all expenses and costs incurred by us (including the costs of manufacturing and storing the goods), as well as our restocking fee (usually 30% of the sale price).
The contract is concluded in German.
Subject matter of the contract
Images of the goods on our website and in brochures are for illustration only. We have endeavoured to display colours accurately, but cannot guarantee that the images reflect the actual colour of the goods.
We may make minor changes to the goods to comply with legal requirements or to carry out minor technical adjustments and improvements (e.g. for safety or performance purposes).
If we provide services in connection with the goods, these are limited to manufacturing and engineering services (in the case of bespoke goods) based on drawings, designs or specifications that you provide to us.
As standard, we will wire the goods for your home market. We accept no responsibility for the use of the goods outside the market for which they were sold, or for non-compliance with electrical or wiring regulations outside that market.
Custom-made goods
If we manufacture custom-made goods according to specifications you provide, you must provide practicable, easily understandable and accurate specifications.
All original copyrights, design rights and other intellectual property rights in the specifications remain your property. You agree that we may use these rights to the extent necessary for the manufacture and delivery of the bespoke goods. However, any revisions we make to specifications, as well as any work on bespoke goods that constitutes an adaptation, modification or improvement of the goods, or is otherwise derived from or related to the goods (or our other intellectual property), shall pass to us and be our sole property. You agree to transfer these rights to us in full, to the extent legally permissible.
You must ensure that the specification is correct and does not infringe third-party rights (including patents, designs and other intellectual property rights). We are not liable for loss or damage arising from our following a specification provided by you.
If a third party asserts a claim against us alleging that its rights were infringed as a result of our compliance with your specification, you are liable to us for all liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit, damage to reputation and all interest, penalties and legal costs). You shall indemnify us on first demand against third-party claims in this respect.
We may amend any specification for the same reasons we may change the goods under § 4(2), and to avoid an actual or apparent infringement of third-party rights.
Delivery, availability of goods
After the contract is concluded, we will inform you of an estimated delivery date (estimated time frame).
If delivery is delayed due to an event beyond our control, we will inform you and let you know what steps are being taken to minimise the delay.
If a delivery attempt fails and you do not arrange redelivery, we will contact you for further instructions. We may charge you for storage and for any further delivery or redelivery (from the second delivery onwards). If, after the first delivery attempt, we cannot reasonably reach you in time and therefore cannot arrange redelivery or collection, we may terminate the contract.
Because delivery may be delayed or goods damaged in transit, you agree not to engage any third-party services related to our performance (e.g. commissioning an electrician to install the goods), or to do so entirely at your own risk, until the goods have arrived and you have checked that they are complete and undamaged. We are not liable for third-party costs (including cancellation or return fees) arising because the goods did not arrive on time or in working order.
If, at the time of your order, the product you selected is not available, we will inform you of this without delay in the order confirmation. If the product is permanently unavailable, we will refrain from sending an acceptance. In this case, a contract is not concluded.
Retention of title
The delivered goods remain the property of the Supplier until payment has been made in full.
Prices and shipping costs, due date
All prices are exclusive of VAT at the applicable rate, and exclusive of other taxes, duties or fees (e.g. customs duties). Shipping costs are borne by the Customer.
The purchase price is due immediately upon receipt of the invoice. If you are a business to whom we extend credit, all payments are due 30 days after receipt of the invoice (unless different terms have been agreed between you and us, as set out on our invoice).
All amounts due to us under the contract must be paid in full without set-off or deduction.
Payment methods
The Customer may pay by bank transfer or by credit card.
Resale
Unless otherwise agreed, the goods are not intended for resale. However, if you enter into a contract as a business, we recognise that you may purchase goods on behalf of a client (or for resale to them) as part of a project you are involved in. In such circumstances, you may, on a case-by-case basis, resell goods to that client even though you are not one of our official resellers (and may not hold yourself out as such).
Warranty
The Supplier is liable for material defects in accordance with the statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code). For customers as well as entrepreneurs, the warranty period for goods delivered by the Supplier is 24 months.
An additional guarantee exists for goods delivered by the Supplier only if this has been expressly given in the order confirmation for the respective item.
The warranty does not cover defects or damage caused by: failure to follow our assembly/installation instructions, improper installation or operation, improper use, misuse, neglect, cleaning or accident (including failure to follow the instructions on using the correct bulb). The warranty also does not apply if the goods have been dismantled or tampered with. The warranty also does not apply to patina or signs of use, in particular on surfaces. This paragraph also applies to any guarantee.
Intellectual property
The goods, in particular their design, are our intellectual property (or that of our licensors), and nothing in these terms transfers a licence or grants any rights in relation to the goods or the Original BTC brand.
Liability
The Customer’s claims for damages are excluded. Exempt from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
In the event of a breach of essential contractual obligations, we are liable only for typical, foreseeable damages if these were caused by simple negligence, unless the Customer’s claims for damages concern injury to life, limb or health.
The limitations in paragraphs 1 and 2 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
The limitations resulting from paragraphs 1 and 2 do not apply if we fraudulently conceal a defect or have assumed a guarantee for the quality of the item. The same applies if we have agreed with you on the quality of the item. The provisions of the Product Liability Act remain unaffected.
Data protection
We collect and process personal data (including names, addresses and payment details) in order to handle and fulfil orders. We take our responsibilities as data controller seriously and ensure that your data are safe and protected. If you purchase or enquire about a product, we will contact you from time to time with news and information about our products unless you choose to opt out. Further information about how and why we use your personal data, as well as your rights regarding those data, can be found in our Privacy Policy.
Final provisions
Contracts between the Supplier and the Customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions on limitations of choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer as a consumer has their habitual residence, remain unaffected.
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier is the Supplier’s registered office.
The contract remains binding in its remaining parts even if individual provisions are legally invalid. Statutory provisions take the place of the invalid provisions where available. If this would constitute unreasonable hardship for a contracting party, the contract as a whole becomes invalid.
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of cancellation, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You may use the attached model cancellation form, which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising if you choose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your cancellation of this contract. We will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling the goods in a way that is not necessary to check the nature, characteristics and functioning of the goods.