Terms and conditions

General terms and conditions
for the Becker Spare Parts Online Shop

Unless otherwise agreed in writing, the following terms and conditions apply to the contractual relationships concluded via this Becker Spare Parts Online Shop. Different terms and conditions, such as in orders or in purchase order forms, only apply if we have expressly acknowledged them in writing. They do not obligate us without approval, even if Becker Korea Co., Ltd. (the “Company”) does not expressly object.

The same applies if we deliver all or part of the ordered goods or accept payments.

I. Registration as a customer

1. Your registration for the Becker Spare Parts Online Shop is free of charge. You will be activated after your registration as a new customer has been checked by us. We reserve the right to reject your registration as a customer after the check has been completed. You have no entitlement to registration or admission to the Becker Spare Parts Online Shop. The Becker Spare Parts Online Shop is aimed exclusively at companies and entrepreneurs and not at consumers. For your registration, it is therefore absolutely necessary to confirm your entrepreneurial status and to specify your sales tax identification number. The data required for registration must be provided in full and truthfully by you. With the registration you choose a personal password. You are obliged to keep the password secret and never to disclose it to third parties.
2. Apart from the confirmation of your entrepreneurial status, the declaration of your agreement with the validity of these terms and conditions as well as the confirmation of the acknowledgement of our privacy policy, your registration has no obligations whatsoever. Just the registration in the Becker Spare Parts Online Shop does not lead to a purchase obligation regarding the goods offered by us.
3. If the details you provide when registering change, you are responsible for updating them yourself. All changes can be made online after logging in under "My account)".
4. You can at any time arrange for the deletion of all data provided and stored during registration as well as the customer account by submitting the corresponding order through entry in the contact form. The deletion will be, in principle, made no later than ten (10) days after the order has been placed; however, where it is necessary for the Company to hold the customer data pursuant to the laws and regulations, etc., for an additional period, the Company may retain the customer data for the required period.

II. Conclusion of contract and contract language

1. The presentation of the goods in the Becker Spare Parts Online Shop does not represent a legally binding offer, but an invitation to order.
2. By clicking on the "Send order" button (order with obligation to pay) in the last step of the order process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute the acceptance of your contract offer. A contract between you and us comes about as soon as we accept your order by a separate e-mail or give the goods to the shipping department. Please check the SPAM folder of your e-mail inbox on a regular basis.
3.  You can select goods for purchase in the Becker Spare Parts Online Shop by clicking on the corresponding button and placing them in a shopping basket. You can process the shopping basket at any time by removing goods from the shopping basket or by changing the number of selected goods. If you want to complete the order, you can go to the shopping basket and then to the checkout or directly to the checkout. When you go to the checkout, you will see the billing and delivery address as well as the method of payment and shipping. You have the option of changing the displayed address and order data and, if necessary, entering your own order number and/or comment. Before placing the order with obligation to pay, you will see at the checkout the goods that are in your shopping basket, along with a cost overview and you have the opportunity to correct your order. A binding offer within the meaning of paragraph 2 is only made by subsequently pressing the “Send order" button (order with obligation to pay).
4. The language provided for concluding the contract is English and Korean. In case of contradictions between the English text and the Korean text, the Korean text has priority.

III. Correction notice

1. In the context of the described order process, you select the desired goods by placing them in the shopping basket. You can access the shopping basket at any time and change the desired quantity or remove selected goods completely from the shopping basket.
2. When you go to the checkout to complete your order, you will see the billing and delivery address as well as the method of payment and shipping. You have the option of changing the displayed address and order data by clicking on the "Ändern" (Change) button. Before placing the order with obligation to pay, you will see at the checkout the goods that are in your shopping basket, along with a cost overview and you have the option of correcting your order by removing goods from the basket or changing the selected quantity of goods.
3. You can cancel the order process by deleting the goods in the shopping basket or submit a binding offer to buy the goods in the shopping basket by clicking on the "Send order" button (order with obligation to pay); see section II of these terms and conditions.

IV. Storage of the contract text

The contractual provisions with details of the ordered goods will be sent to you by e-mail with acceptance of the contract offer or with the notification thereof. The contractual provisions are stored in our internal inventory management system. The terms of delivery can be called up and saved via the website of the Becker Spare Parts Online Shop, www.becker-international-shop.com.

V. Prices and payment

1.  Prices in Korean currency are those that are indicated on Becker Spare Parts Online Shop. This excludes shipping costs but includes packaging such as, freight, customs clearance, customs fees, fees, postage, insurance costs. The shipping costs are specified in the Becker Spare Parts Online Shop and are, as well as the other above mentioned costs, to be paid by you. Value added tax in the respective legal amount is not added to the prices.
2. The purchase price is due with the order and must be paid together with the shipping costs as well as any costs incurred that are specified in the order. Payment is possible by invoice or by means of the PayPal payment service provider. The selected payment method must be activated either by us (invoice) or the respective payment service provider (Pay-Pal ). When ordering by invoice, the terms of payment for customers apply.
3. The right to withhold payments or set off against counterclaims is only granted to you insofar as the counterclaims are undisputed or legally binding.
4. With regard to the reduction in payment, we refer to the current payment and condition agreements.

VI. Availability of the goods

If at the time of the order the goods selected in the Becker Spare Parts Online Shop by the customer are no longer available, we will inform you immediately in the order confirmation. If the selected goods are permanently not available, we will not make a declaration of acceptance. In this case a contract is not concluded. If the selected goods are only temporarily unavailable, we will inform you immediately in the order confirmation.

VII. Delivery dates

1. The delivery times stated in the Becker Spare Parts Online Shop are calculated from the time of our order confirmation.
2. The observance of the delivery time is subject to the correct and timely delivery of required materials.
3. The delivery dates are postponed appropriately in the case of events for which we are not responsible, including strikes and workplace lockouts, as far as such events have a verifiably significant impact on the completion or delivery of the delivery item. The same applies if the events occur during an already existing delay.
4. If we are in default due to reasons for which we are responsible, you can demand compensation for the damage caused by the delay; in the case of slight negligence by us, this claim shall be limited to a maximum of 6% of the value of that part of the total delivery which, as a result of the delay, cannot be used on time due to delay or used in accordance with the contract.
5. If we are in default and you grant us - taking into account the statutory exceptions - a reasonable period for performance, and we do not meet the deadline, you are entitled under the statutory provisions to withdraw from the contract and/or claim damages. It is not necessary to fix a deadline if the entire performance becomes definitively impossible before the transfer of risk. You are also entitled to withdraw from the contract, if the execution of part of the delivery is impossible for an order and you have a legitimate interest in the rejection of the part delivery which is still possible. If this is not the case, you have to pay the contract price for the part delivery. Our liability is limited to the contractually typical, reasonably foreseeable damage. This limitation of liability does not apply in the event of intentional violations of the contract.
6. If the incapacity occurs during the default of acceptance without us being responsible in the sense of intent or gross negligence, or if you are solely or largely responsible for these circumstances, you remain obliged to pay.

VIII. Transfer of risk and acceptance

1. In any case, the risk is transferred to you at the latest with the dispatch from the point of delivery, even if part deliveries are made.
2. If the shipment is delayed due to circumstances that you are responsible for, then the risk passes to you from the day of readiness for shipment; however, we are obligated, at your request and expense and on your behalf, to effect the assurances you require.

IX. Retention of title

1. We reserve the ownership of the goods until payment of all our outstanding debits arising from the business relationship with you. You may neither pledge nor transfer the goods as security. In the event of a pledge, confiscation or other dispositions by third parties, you must notify us immediately.
2. In the event of a breach of contract by you, in particular in case of default of payment, we are entitled to take back the goods after a reminder and you are obliged to hand them over to us. The assertion of the retention of title as well as the pledging of the goods by us shall not be considered a withdrawal from the contract.
3. You are obliged to treat the goods with care; in particular, to insure them adequately at your own expense against fire, water and theft damage at replacement value. If maintenance/inspection work is required, it must be carried out at your own expense in good time.
4. If goods delivered by us are combined with other objects to form a unitary object, it shall be deemed agreed that you transfer pro rata co-ownership to us and keep the goods in safekeeping for us.
5. All your outstanding debits from a resale of the goods subject to retention of title will be assigned to us to the sum of the final invoice amount (including VAT) of our outstanding debit. You remain authorized to collect the assigned outstanding debits. Our authorisation to collect the outstanding debits ourselves remains unaffected. However, we undertake not to collect the outstanding debits as long as you fulfil your payment obligations from the proceeds received, do not default on payments and, in particular, that no application for the opening of insolvency proceedings has been filed or payment has ceased. In the case of any default of payments, we may require you to notify us of the assigned outstanding debits and their debtors, provide all information necessary for collection, hand over the related documents and notify the debtors (third parties) of the assignment.

X. Warranty

1. You are obliged to examine the delivered goods immediately for the presence of obvious defects, and to notify us about them in writing no later than 3 months after delivery of the goods. Obvious defects are defects that an average customer notices without disproportionately time-consuming inspections. Defects that become apparent later must be reported in writing no later than 30 days after their discovery. In this case, the reporting period is 30 days from the time when the defect could have been found, and if it was not found for reasons attributable to you despite the fact that the defect was detectable. After this period expires, you may not claim supplementary performance, termination of the contract or compensation for damages provided in this Article for reasons of defects.
2. There is no warranty for damage that has occurred for the following reasons: Inappropriate or improper use, faulty installation or commissioning by you or third parties, natural wear, faulty or negligent treatment, unsuitable equipment, replacement materials, defective construction work, unsuitable ground and chemical, electrochemical or electrical influences, unless they are due to our fault.
3. Insofar as we are responsible for a defect in the purchased goods, you can request supplementary performance free of charge. The supplementary performance is carried out at our discretion through rectification of a defect or delivery of a defect-free item.
4. If the defect cannot be rectified within a reasonable period of time or if the supplementary performance is deemed to have failed for other reasons, you can request a reduction of the remuneration or withdraw from the contract. A failure of the supplementary performance is only to be assumed if sufficient opportunity has been given to us to rectify the defect or provide a replacement, without the desired result having been achieved.
5. We exclude any further liability for slightly negligent breaches of duty, insofar as these do not concern any essential contractual obligations (obligations whose fulfilment enable the proper execution of the contract in the first place and whose compliance the contracting party regularly trusts and can rely on), damage resulting from injury to life, body or health or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents.
6. In the event of a violation of essential contractual obligations, the amount of our obligation to pay compensation is limited to the contractually typical, reasonably foreseeable damage. This limitation of liability does not apply insofar as the damage occurred is the result of our own gross negligence or of the executive employee.

XI. Warranty period

The warranty period is 12 months, calculated from the transfer of risk. This period is a limitation period and applies - insofar as it is not contrary to mandatory statutory provisions - for all claims in which a right arises from the defectiveness of the goods or the performance itself.

XII. Right of the supplier to withdraw

1. In the event of unjustifiable events within the meaning of Section VII. of these General Terms and Conditions, provided that their economic significance has a substantial effect on our business and, in the event of it subsequently turning out that performance is impossible, the contract shall be adjusted appropriately. Insofar as this is not economically justifiable, we have the right to withdraw wholly or partly from the contract.
2. Claims for damages on your part due to such a withdrawal do not exist. If we wish to make use of the right of withdrawal, we are obliged to inform you immediately after detection, even if an extension of the delivery period was initially agreed with you.

XIII. Final provisions

1. For these conditions and all legal relations between us and your company, the law of the Republic of Korea applies to the exclusion of all international and supranational contract procedures / legal systems, in particular the UN sales law.
2. The place of fulfilment for all liabilities arising from the delivery transaction and the place of jurisdiction for all disputes in connection with the delivery transaction and in the procedure for asserting a claim concerning a bill of exchange or the payment of a check shall be the district court with jurisdiction over the Company’s headquarters.
3. Should one or more provisions of these terms and conditions be or become ineffective, the remaining provisions shall remain in effect. The ineffective provision is replaced by the statutory provisions.

XIV. Right of cancelation

1. Notwithstanding the above, you may cancel the contract and so forth pursuant to Article 17(1) of the Act on the Consumer Protection in Electronic Commerce, Etc. Hence, you may cancel orders or contracts within 7 days from the date of receiving a document on the contents of the contract or goods or from the date of initiation of supply of the goods.
2. Pursuant to Article 17(3) of Act on the Consumer Protection in Electronic Commerce, Etc., you may cancel the order and so forth, within 3 months from the date of receiving the goods, or within 30 days from the date you became aware or could have known of such fact where the contents of the goods and so forth, have been performed differently from the terms of the contract.

01.08.2019