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Terms and Conditions
General Terms and Conditions and Customer Information
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 (Butch GmbH) via the website https://www.butch.de. Unless otherwise agreed, we hereby object to the inclusion of any terms and conditions you may use.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An “entrepreneur” is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) Pursuant to § 14(1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and electronic services meet the accessibility requirements of the relevant regulation (BFSGV). This information is available via a separate, clearly labeled button (e.g., “Accessibility Statement” or similar) on our website and includes in particular:
(4) Our website and electronic services are considered accessible if they are discoverable, accessible, and usable by persons with disabilities in the usual manner, without undue difficulty, and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example, clearly legible font sizes and sufficient color contrast; navigation via mouse and keyboard; alternative text for images; captions and audio descriptions for videos (if videos are embedded on the site); easy-to-read, understandable language; compatibility with all common screen readers; and adaptable display options for various devices (smartphones, tablets, desktops, etc.).
§ 3 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing each product on our website via the online shopping cart system under the terms specified in the item description, we are making you a binding offer to conclude a purchase contract.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you wish to purchase are placed in the “shopping cart.” You can access the shopping cart at any time via the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Proceed to Order” button (or similar), and entering your personal data as well as payment and shipping details, the final order data are displayed to you as an order summary.
If you choose a real-time payment system (e.g., PayPal, Amazon Pay, Sofort), you will either be directed to our order summary page or to the provider’s website. If redirected, you complete the payment selection or data entry there. Finally, the order data are displayed either on the provider’s site or after you are returned to our shop.
Before submitting the order, you may review, change (including via your browser’s “back” function), or cancel the order.
(4) Your inquiries to request an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you may accept within five days (unless another period is specified in the offer).
(5) Order processing and transmission of all information required in connection with contract formation are carried out partly automated by email. You must ensure that the email address you provided is correct and that email reception is technically ensured and not prevented by spam filters.
§ 4 Custom-Designed Goods
(1) You shall provide us with the appropriate information, texts, or files necessary for the custom design of the goods via the online order system or by email without undue delay after contract conclusion. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyright, name rights, trademark rights) or violates applicable law. You expressly indemnify us against any claims by third parties in this context, including costs of legal representation.
(3) We do not check the transmitted data for factual accuracy and accept no liability for errors in this regard.
§ 5 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options, each of which is paid to Klarna:
(2) Ratepay Invoice, Ratepay Direct Debit, Ratepay Installment Purchase
To offer you attractive payment options, we cooperate with Ratepay GmbH (Franklinstraße 28–29, 10587 Berlin; “Ratepay”). If a valid contract is concluded between you and us using a Ratepay payment method, we assign our payment claim to Ratepay. For installment purchases, we assign the claim to Ratepay’s partner bank. By choosing a Ratepay option, you consent to the transfer of your personal and order data to Ratepay for identity and credit checks and contract processing. Details are in Ratepay’s General Payment Terms at https://www.ratepay.com/legal-payment-terms/, which apply in addition to our Terms and Conditions when you choose a Ratepay method.
(3) Payment via “Mollie”
(1) You may only exercise a right of retention to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve title to the goods until all claims from the ongoing business relationship are fully satisfied. Prior to transfer of title, pledging or transfer of security is not permitted.
b) You may sell the goods in the ordinary course of business. In this case, you now assign to us any receivables in the amount of the invoice value arising from resale; we accept the assignment. You remain authorized to collect the receivable. If you fail to meet your payment obligations properly, we reserve the right to collect the receivable ourselves.
c) If reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) At your request, we will release securities to which we are entitled to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We may choose which securities to release.
§ 7 Warranty
(1) Statutory rights for defects apply.
(2) As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints promptly. Failure to do so does not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from objective requirements, the deviation is deemed agreed only if we informed you of it before you submitted your declaration of intent and it was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following deviates from the above warranty provisions:
a) Only our own descriptions and the manufacturer’s product description are agreed as the condition of the goods; any other advertising, public statements, or manufacturer’s comments do not apply.
b) In case of defects, at our option we will remedy the defect or deliver a replacement. If defect removal fails, you may reduce the price or withdraw from the contract. A second unsuccessful attempt at remedy is deemed to have failed unless the nature of the goods or defect or other circumstances indicate otherwise. For remedies, we need not bear increased costs from moving the goods to a location other than the place of performance, unless such relocation corresponds to intended use.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
– to damages resulting from injury to life, body, or health caused by us culpably, or other damages caused intentionally or by gross negligence;
– if we fraudulently concealed the defect or provided a guarantee for the quality of the goods;
– for goods used for a building in accordance with their normal use and which caused its defectiveness;
– for statutory recourse claims you have against us in connection with defect claims.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relations with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time the action is filed. The right to sue before any other statutory court remains unaffected.
(3) The provisions of the UN Sales Convention do not apply.
II. Customer Information
1. Identity of the Seller
Butch GmbH
Bahnhofstr. 6
95195 Röslau
Germany
Tel.: +49 9238 9909790
E-Mail: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract formation itself, and the correction options are governed by the “Conclusion of the Contract” provisions in our Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart, you can print or electronically save the contract data using your browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the Terms and Conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form (e.g., by email), which you can print or electronically save.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are described in the respective offer.
5. Prices and Payment Terms
5.1. The prices and shipping costs listed in the respective offers are total prices. They include all price components, including any applicable taxes.
5.2. Shipping costs are not included in the purchase price. They are available via a clearly labeled button on our website or in the offer, will be shown separately during checkout, and must be borne by you unless free shipping has been promised.
5.3. For deliveries to countries outside the European Union, additional costs not attributable to us (e.g., customs duties, taxes, or money transfer fees such as bank transfer or currency exchange fees) may be incurred, which you must bear.
5.4. Costs incurred for money transfers (bank transfer or currency exchange fees) must be borne by you if delivery is to an EU member state but payment is initiated outside the EU.
5.5. The payment methods available to you are displayed under a clearly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. Delivery terms, delivery dates, and any delivery restrictions are available under a clearly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the risk of accidental loss or deterioration of the goods during shipment passes to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a carrier other than the one named by us or another person for the execution of shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Warranty Rights
Warranty rights are governed by the “Warranty” section in our Terms and Conditions (Part I).
These GTC and Customer Information were drafted by IT law specialists at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
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 (Butch GmbH) via the website https://www.butch.de. Unless otherwise agreed, we hereby object to the inclusion of any terms and conditions you may use.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An “entrepreneur” is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) Pursuant to § 14(1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and electronic services meet the accessibility requirements of the relevant regulation (BFSGV). This information is available via a separate, clearly labeled button (e.g., “Accessibility Statement” or similar) on our website and includes in particular:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary to understand the provision of the service;
- a description of how the service meets the relevant accessibility requirements.
MLBF (under establishment)
c/o Ministry of Labour, Social Affairs, Health and Equality of Saxony-Anhalt
P.O. Box 39 11 55
39135 Magdeburg
Telephone: 0391 567-4530
E-Mail: [email protected]
(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to address a wide range of possible impairments, including visual, auditory, physical, speech, cognitive, and neurological limitations. Details are available via the separate, clearly labeled button referred to in paragraph 1 on our website.c/o Ministry of Labour, Social Affairs, Health and Equality of Saxony-Anhalt
P.O. Box 39 11 55
39135 Magdeburg
Telephone: 0391 567-4530
E-Mail: [email protected]
(4) Our website and electronic services are considered accessible if they are discoverable, accessible, and usable by persons with disabilities in the usual manner, without undue difficulty, and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example, clearly legible font sizes and sufficient color contrast; navigation via mouse and keyboard; alternative text for images; captions and audio descriptions for videos (if videos are embedded on the site); easy-to-read, understandable language; compatibility with all common screen readers; and adaptable display options for various devices (smartphones, tablets, desktops, etc.).
§ 3 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing each product on our website via the online shopping cart system under the terms specified in the item description, we are making you a binding offer to conclude a purchase contract.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you wish to purchase are placed in the “shopping cart.” You can access the shopping cart at any time via the corresponding button in the navigation bar and make changes there.
After clicking the “Checkout” or “Proceed to Order” button (or similar), and entering your personal data as well as payment and shipping details, the final order data are displayed to you as an order summary.
If you choose a real-time payment system (e.g., PayPal, Amazon Pay, Sofort), you will either be directed to our order summary page or to the provider’s website. If redirected, you complete the payment selection or data entry there. Finally, the order data are displayed either on the provider’s site or after you are returned to our shop.
Before submitting the order, you may review, change (including via your browser’s “back” function), or cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay,” “buy now,” “purchase,” “pay now,” or similar), you declare your binding acceptance of the offer, thereby concluding the contract.
(4) Your inquiries to request an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you may accept within five days (unless another period is specified in the offer).
(5) Order processing and transmission of all information required in connection with contract formation are carried out partly automated by email. You must ensure that the email address you provided is correct and that email reception is technically ensured and not prevented by spam filters.
§ 4 Custom-Designed Goods
(1) You shall provide us with the appropriate information, texts, or files necessary for the custom design of the goods via the online order system or by email without undue delay after contract conclusion. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyright, name rights, trademark rights) or violates applicable law. You expressly indemnify us against any claims by third parties in this context, including costs of legal representation.
(3) We do not check the transmitted data for factual accuracy and accept no liability for errors in this regard.
§ 5 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options, each of which is paid to Klarna:
- Sofortüberweisung (“Pay Now”)
(2) Ratepay Invoice, Ratepay Direct Debit, Ratepay Installment Purchase
To offer you attractive payment options, we cooperate with Ratepay GmbH (Franklinstraße 28–29, 10587 Berlin; “Ratepay”). If a valid contract is concluded between you and us using a Ratepay payment method, we assign our payment claim to Ratepay. For installment purchases, we assign the claim to Ratepay’s partner bank. By choosing a Ratepay option, you consent to the transfer of your personal and order data to Ratepay for identity and credit checks and contract processing. Details are in Ratepay’s General Payment Terms at https://www.ratepay.com/legal-payment-terms/, which apply in addition to our Terms and Conditions when you choose a Ratepay method.
(3) Payment via “Mollie”
If you select a payment method offered via “Mollie,” the payment is processed by Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The available Mollie payment methods are displayed under a clearly labeled button on our site and during checkout. Mollie may use additional payment services; you will be informed of any special conditions. More information at https://www.mollie.com/de.
§ 6 Right of Retention, Reservation of Title(1) You may only exercise a right of retention to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve title to the goods until all claims from the ongoing business relationship are fully satisfied. Prior to transfer of title, pledging or transfer of security is not permitted.
b) You may sell the goods in the ordinary course of business. In this case, you now assign to us any receivables in the amount of the invoice value arising from resale; we accept the assignment. You remain authorized to collect the receivable. If you fail to meet your payment obligations properly, we reserve the right to collect the receivable ourselves.
c) If reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) At your request, we will release securities to which we are entitled to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We may choose which securities to release.
§ 7 Warranty
(1) Statutory rights for defects apply.
(2) As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints promptly. Failure to do so does not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from objective requirements, the deviation is deemed agreed only if we informed you of it before you submitted your declaration of intent and it was expressly and separately agreed between the parties.
(4) If you are an entrepreneur, the following deviates from the above warranty provisions:
a) Only our own descriptions and the manufacturer’s product description are agreed as the condition of the goods; any other advertising, public statements, or manufacturer’s comments do not apply.
b) In case of defects, at our option we will remedy the defect or deliver a replacement. If defect removal fails, you may reduce the price or withdraw from the contract. A second unsuccessful attempt at remedy is deemed to have failed unless the nature of the goods or defect or other circumstances indicate otherwise. For remedies, we need not bear increased costs from moving the goods to a location other than the place of performance, unless such relocation corresponds to intended use.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
– to damages resulting from injury to life, body, or health caused by us culpably, or other damages caused intentionally or by gross negligence;
– if we fraudulently concealed the defect or provided a guarantee for the quality of the goods;
– for goods used for a building in accordance with their normal use and which caused its defectiveness;
– for statutory recourse claims you have against us in connection with defect claims.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relations with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time the action is filed. The right to sue before any other statutory court remains unaffected.
(3) The provisions of the UN Sales Convention do not apply.
II. Customer Information
1. Identity of the Seller
Butch GmbH
Bahnhofstr. 6
95195 Röslau
Germany
Tel.: +49 9238 9909790
E-Mail: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the contract formation itself, and the correction options are governed by the “Conclusion of the Contract” provisions in our Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart, you can print or electronically save the contract data using your browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the Terms and Conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form (e.g., by email), which you can print or electronically save.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are described in the respective offer.
5. Prices and Payment Terms
5.1. The prices and shipping costs listed in the respective offers are total prices. They include all price components, including any applicable taxes.
5.2. Shipping costs are not included in the purchase price. They are available via a clearly labeled button on our website or in the offer, will be shown separately during checkout, and must be borne by you unless free shipping has been promised.
5.3. For deliveries to countries outside the European Union, additional costs not attributable to us (e.g., customs duties, taxes, or money transfer fees such as bank transfer or currency exchange fees) may be incurred, which you must bear.
5.4. Costs incurred for money transfers (bank transfer or currency exchange fees) must be borne by you if delivery is to an EU member state but payment is initiated outside the EU.
5.5. The payment methods available to you are displayed under a clearly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. Delivery terms, delivery dates, and any delivery restrictions are available under a clearly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the risk of accidental loss or deterioration of the goods during shipment passes to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a carrier other than the one named by us or another person for the execution of shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Warranty Rights
Warranty rights are governed by the “Warranty” section in our Terms and Conditions (Part I).
These GTC and Customer Information were drafted by IT law specialists at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22.10.2024
