The offers of telematics24 are intended for entrepreneurs ("Unternehmer") according to § 14 in the German Civil Code (Bürgerliches Gesetzbuch/BGB) solely and are not directed at consumers ("Verbraucher") according to § 13 in the German Civil Code (Bürgerliches Gesetzbuch/BGB).

General Terms of Use

These General Terms of Use regulate access to and the use of the B2B webshop telematics24 (hereinafter referred to as "telematics24") provided exclusively for entrepreneurs ("Unternehmer") within the meaning of § 14 of the German Civil Code (Bürgerliches Gesetzbuch/BGB) by BPW Bergische Achsen KG, Wiehl (hereinafter referred to as "BPW"). They shall apply to all orders and enquiries made by the user via telematics24. BPW has the right - even without prior notice - to suspend either individual sections of telematics24 or the entire telematics24 on a temporary or permanent basis.

The technical requirements for access to telematics24 must be met by the user at its own expense and risk.

I. USE OF TELEMATICS24

  1. A user as defined by these General Terms of Use is any company that accesses telematics24 after a successful initial registration via its registered employees, regardless of whether it purchases any products, only visits the B2B webshop for informational purposes or uses it to send (product) enquiries.
  2. Through the use of telematics24 by its registered employees (hereinafter referred to as "authorised employees" or "employees"), every user of the telematics24 accepts that the General Terms of Use are binding by actively checking the box upon logging in for the first time. BPW reserves the right to change the General Terms of Use for telematics24 at any time, with effect for the future. The user will be actively informed about any changes to the General Terms of Use.
  3. BPW accepts no liability for the accuracy of the technical data and images of products.
  4. The products that can be purchased via telematics24 are available only to users acting as entrepreneurs (“Unternehmer”) within the meaning of § 14 of the German Civil Code (Bürgerliches Gesetzbuch/BGB).
  5. Users can also acquire products via telematics24 from third-party suppliers registered with BPW. In this case, a contract will be concluded solely between the user and the third-party supplier under their respective terms and conditions and BPW does not become a contracting party. BPW shall not be liable for disputes arising from or in connection with such business transactions.                

II. REGISTRATION AND ACCESS TO THE TELEMATICS24

  1. The telematics24 enables users to place online orders for BPW products and products of third-party suppliers. Before using telematics24 for the first time, the user must fill in a registration form. The entire functional scope of telematics24 is available to users only after the registration form has been approved by BPW.
  2. BPW reserves the right to restrict or rescind the registration of users as a whole or of individual authorised employees at any time. This is particularly the case if the obligations in section III of these General Terms of Use are infringed.

III. USER OBLIGATIONS

  1. The user is obliged to provide the information required in the online registration form truthfully and completely and to incorporate any changes into the profile information without delay.
  2. The user is also obliged to take reasonable internal precautions to protect the user ID(s) and password(s) of its authorised employees and to ensure they are stored carefully, protected against third-party access and against loss or misuse. The user must expressly inform their authorised employees about this.
  3. If the user discovers that unauthorised persons have gained knowledge of user IDs or personal passwords, or if misuse is suspected, the user is obliged to notify BPW through the contact form immediately.
  4. If an authorised employee leaves the user's company, the user is obliged to notify BPW through the contact form immediately so that this employee's access to the B2B Webshop can be disabled. The user shall be liable for all damages and shall indemnify BPW against all third-party claims ensuing from the user's culpable breach of the aforementioned obligations.

IV. CONCLUSION OF CONTRACT

  1. The contents of telematics24 do not constitute offers to conclude a contract, but exclusively an invitation to the user to make a contract offer to BPW and/or to third-party suppliers, to make a non-binding (product) enquiry or to obtain information about BPW products and/or products of third-party suppliers.
  2. By clicking the "Order now" button, the user is making a binding offer to buy the products in the shopping cart from BPW and/or third-party suppliers.
  3. BPW and/or the third-party supplier shall be entitled to accept this offer within 5 working days of receipt by sending an order confirmation (electronically or in writing). A contract is concluded only upon receipt of this declaration of acceptance (order confirmation and/or acceptance of order enquiry). The e-mail automatically created by telematics24 (processing of order enquiry) does not constitute any acceptance of the purchase offer submitted by the user by BPW and/or the by third-party supplier.

V. PRICES AND SHIPPING COSTS  

The product prices indicated in telematics24 shall apply. These indicated product prices exclude the statutory value-added tax and any additional shipping costs in accordance with the currently valid and in the B2B Webshop retrievable shipping cost table. For the sake of clarity: Value-added tax and shipping costs are additional costs to the indicated product prices.

If the shipping costs in the individual case cannot be clearly taken from the shipping cost table, they can be provided on request via the seller contact.

Provisions regarding the shipping costs when ordering products from third-party suppliers are based on the agreements made with such suppliers and, if no such agreements have been made, in accordance with the statutory regulations.

VI. GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF BPW APPLY IF USER IS CONCLUDING A CONTRACT WITH BPW

In addition, the general terms and conditions of sale and delivery of BPW Bergische Achsen KG, Wiehl shall apply in their currently valid version, unless otherwise stipulated in these General Terms of Use if the user is contracting with BPW and not with a third-party supplier. Those general terms and conditions of sale and delivery can be accessed and printed out at any time via a link in the B2B Webshop. If there are contradictions in the contents, then the General Terms of Use for telematics24 shall  take precedence over the general terms and conditions of sale and delivery. Before telematics24 is used for the first time, the general terms and conditions of sale and delivery shall be accepted by the respective employee of the user by actively checking the box.

VII. GENERAL TERMS AND CONDITIONS FOR CONTRACTUAL CONCLUSION WITH THIRD-PARTY SUPPLIERS

Contrary to section VI, the general terms and conditions agreed with the respective third-party shall apply here additionally. These can be accessed and printed out at any time via a link in the B2B Webshop on the respective product page of the third-party supplier.

VIII. GENERAL PROVISIONS

  1. Should any provision in these General Terms of Use be or become invalid, the validity of the remaining General Terms of Use and of any other contracts concluded on this basis shall not be affected. The parties must replace the invalid provision with a permissible regulation that most closely resembles the original.
  2. The general terms and conditions of the user are explicitly contradicted. These shall apply only if they have been expressly agreed by way of exception.
  3. The law of the Federal Republic of Germany exclusively applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German.
  4. The place of jurisdiction for all disputes between the user and BPW concerning the use of telematics24 is Cologne, Germany.

As of 23rd September 2019