Our Terms

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 enter into with us as a supplier (Okken GmbH) via the website
Close www.bacatus.de. Unless otherwise agreed, the inclusion will be your own if necessary
Conditions contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that
predominantly can neither be attributed to their commercial nor their independent professional activity. Everyone is an entrepreneur
natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their
independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we are making you a binding offer for
Conclusion of a contract for the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar
You call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, you will
the order data is then displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will
either on the order overview page in our online shop or on the website of the provider of the instant payment system
forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there.
You will then be given the instant payment system on the provider’s website or after you return to our online shop
the order data is displayed as an order overview.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also
via the “back” function of the internet browser) or cancel the order.
By submitting the order via the corresponding button (“buy” or similar description) you declare
legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in
Text form (e.g. by e-mail), which you accept within 5 days (unless a different period is specified in the respective offer)
can.
(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted
partially automated by e-mail. You must therefore ensure that the email address you have stored with us is correct,
the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Conclusion of the contract for download products
(1) The subject of the contract is the sale of download products (digital content that is not on a physical data carrier
to be delivered).
As soon as the respective download product is posted on our website, we are making you a binding offer for
Conclusion of a contract for the online shopping cart system under the conditions specified in the item description.
(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the “shopping cart”. Via the corresponding button in the
In the navigation bar you can call up the “shopping cart” and make changes there at any time. After entering the “Checkout” page and
When you enter your personal data and the terms of payment, you will then be given the order data as an order overview
displayed.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either
to the order overview page in our online shop or to the website of the provider of the instant payment system
forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there.
You will then be given the instant payment system on the provider’s website or after you return to our online shop
the order data is displayed as an order overview.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also
via the “back” function of the internet browser) or cancel the order.
Declare by sending the order via the corresponding button (“order subject to payment” or similar description)
You legally binding the acceptance of the offer, whereby the contract is concluded.
(3) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in
Text form (e.g. by email), which you can accept within 5 days.
(4) The order is processed and all information required in connection with the conclusion of the contract is transmitted
partially automated by e-mail. You must therefore ensure that the email address you have stored with us is correct,
the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 license for use for download products
(1) The download products offered are protected by copyright. You will receive with every download product purchased from us
a simple usage license, unless otherwise stated in the respective offer.
(2) The simple usage license includes permission to download a copy of the product for your personal use on your
To save and / or print out a computer or other electronic device.
You are prohibited from making any further copies. You are expressly forbidden to change or edit a file or parts of it
and to make it privately or commercially available to third parties in any way.
§ 5 Special agreements on the payment methods offered
(1) Credit check
If we make advance payments, e.g. for payment on account or direct debit, your data will be used to protect our legitimate
Interests for the purpose of checking creditworthiness on the basis of mathematical-statistical procedures to SCHUFA Holding AG, Komoranweg
5, 65201 Wiesbaden. We reserve the right to use the payment method as a result of the credit check
Refuse invoice or direct debit.
(2) SEPA direct debit (basic and / or company direct debit)
When paying by SEPA core direct debit or by SEPA corporate direct debit, you authorize us by issuing a corresponding SEPA mandate,
to collect the invoice amount from the specified account.
The direct debit is collected within 14 days of the conclusion of the contract.
The deadline for submitting the pre-notification will be shortened to 5 days before the due date. you are
obliged to ensure sufficient funds in the account by the due date. In the case of a return debit due to your
If you are at fault, you have to bear the bank charges incurred.
§ 6 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims 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 also applies:
a) We retain ownership of the goods until all claims from the current business relationship have been settled in full
in front. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you are already making all claims in the amount
of the invoice amount that you accrue from the resale to us, we accept the assignment. You are on to the
Collection of the claim authorized. If you fail to properly meet your payment obligations, we reserve the right to do so
however, before to collect the claim itself.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value
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 insofar as the realizable value of ours
Collateral exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and immediately upon delivery
To check transport damage and to notify us and the freight forwarder of any complaints as soon as possible. Don’t you do it
this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, not
however, other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the removal of the defect fails,
you can either request a reduction in price or withdraw from the contract. The removal of defects applies after an unsuccessful second
Attempt as failed if not something in particular from the nature of the thing or the defect or the other circumstances
other results. In the case of repairs, we do not have to bear the increased costs incurred by bringing the goods to you
place other than the place of performance, if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
– culpably caused damage attributable to us from injury to life, body or health and with
other damage caused intentionally or through gross negligence;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for things that have been used for a building in accordance with their normal use and their defectiveness
have caused;
– in the event of legal recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it is subject to mandatory provisions of the law
the state of habitual residence of the consumer is not withdrawn (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us as well as the place of jurisdiction is our registered office if you are
not consumers, but merchants, legal entities under public law or public law special funds
are. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or usual
Stay is unknown at the time the action is brought. The power to also take the court at another legal place of jurisdiction
calling remains unaffected.
(3) The provisions of the UN sales law expressly do not apply.
II. Customer information
1. Identity of the seller
Okken GmbH
Koenigswintererstr. 657
53227 Bonn
Germany
Phone: 0228-18089064
Email: info@bacatus.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at
https://ec.europa.eu/odr .
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations “formation 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 full text of the contract. Before submitting the order via the online shopping cart system
the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the
Ordering from us will include the order data, the information required by law for distance contracts and the general
Terms and conditions sent to you again by email.
3.3. For requests for quotations outside of the online shopping cart system, you will receive all contract data as part of a binding
Offer sent in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include everyone
Price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You are on a button labeled accordingly
on our website or in the respective offer, are shown separately in the course of the order process and are from
To be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, we may incur additional costs that are not our responsibility, such as
e.g. duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions) that you have to pay
are wearing.
5.4. Any costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are yours in the cases
in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are under a correspondingly labeled button on our
Internet presence or shown in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediate
due for payment.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
corresponding button on our website or in the respective offer.
6.2. As far as you are a consumer it is regulated by law that the risk of accidental loss and accidental deterioration of the
item sold during shipping is only transferred to you when the goods are handed over, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur
or have commissioned someone else to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
The liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created and will be created by the lawyers of the Händlerbund who specialize in IT law
permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable to the
Case of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
last update: 27.10.2020