General terms and conditions of business

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Boname GmbH) via the website www.acrfresh.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services.

(2) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(3) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Provision of services for assembly services

(1) To the extent that assembly services are the subject of the contract, we are responsible for the assembly work resulting from the service description. We will perform this work personally or through third parties to the best of our knowledge and belief.

(2) The service shall be provided on the agreed dates.

(3) You are obligated to cooperate. In particular, you must provide the opportunity to access the premises in a walkable and reasonably safe condition at the time the assembly services are provided. Furthermore, you are obligated to provide us with electrical power and, if necessary, water, as necessary. We are entitled to terminate the contract for the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you fail to comply with your obligation to cooperate. We will set you a reasonable deadline within which you can provide the necessary cooperation.

(4) If you exercise your right of termination pursuant to Section 648, Sentence 1 of the German Civil Code (BGB), we may demand a flat-rate fee of 10% of the agreed remuneration if performance has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of cancellation after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.

§ 4 Provision of services for repairs

(1) To the extent that repair services are the subject of the contract, we are responsible for the repair work resulting from the service description. We will perform this work personally or through third parties to the best of our knowledge and belief.

(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You shall bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 5 - 7 days after receipt of the device to be repaired (but only after the date of your payment instruction if advance payment has been agreed).

(5) If you exercise your right of termination pursuant to Section 648, Sentence 1 of the German Civil Code (BGB), we may demand a flat-rate fee of 10% of the agreed remuneration if performance has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of cancellation after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additional provisions apply:

a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed to be agreed upon as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the goods or the defect or other circumstances. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This reduction does not apply:

- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of law

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

Bonamr GmbH
Marconistr 32
50769 Cologne
Germany
Phone: +49 221 2775 9300
Email: info@boname-gmbh.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components, including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Termination

9.1. Information on termination of the contract and the termination conditions can be found in the provisions on "Installation Services" in our General Terms and Conditions (Part I), as well as in the respective offer.

9.2. Information on termination of the contract and the termination conditions can be found in the provisions on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

last updated: 01.01.2025