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 have with us as a supplier ( Okken GmbH )
via the website www.bacatus.shop. Unless otherwise
agreed, the inclusion may be used by you
own conditions contradicted.
(2) consumer within the meaning
of the regulations below is any natural person who is a
concludes a legal transaction for purposes that are predominantly neither theirs
commercial nor their self-employed professional activity
can be. Entrepreneur is any natural or legal person
or an incorporated partnership that upon entering into a
Legal transaction in exercise of their independent professional or
commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form) .
(2) Already with the
Posting the respective product on our website
we will make you a binding offer to conclude a
Contract for the online shopping cart system to the
Item description specified conditions.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase will
placed in the “shopping cart”. Via the corresponding button in the
navigation bar, you can call up the “shopping cart” and there at any time
make changes.
After calling up the “Checkout” page and entering your personal data
as well as the terms of payment and shipping are finally given to you
Order data displayed as an order overview.
As far as you enter as a payment method
Instant payment system (e.g. PayPal / PayPal Express, Amazon Payments,
Sofortüberweisung), you will either click on the
Order overview page in our online shop or on the
website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, take it
Make the appropriate selection or input of your data there.
Finally, on the website of the provider of the
Immediate payment system or after you return to our online shop
the order data is displayed as an order overview.
Before sending the order you have the
Possibility to check the information in the order overview again,
to change (also via the “back” function of the Internet browser) or
cancel the order.
By sending the order via the
explain the corresponding button (“buy” or similar designation).
You legally bind the acceptance of the offer, thereby creating the contract
comes about.
(4) Your requests for
Preparation of an offer is non-binding for you. We submit
you a binding offer in text form (e.g. by e-mail),
which you can send within 5 days (if there is no
another deadline is indicated) can accept.
(5) The settlement of
Order and transmission of all in connection with the
The information required to conclude the contract is provided in part by e-mail
automated. You therefore have to ensure that by you
email address stored with us is correct, receipt of the
E-mails technically secured and in particular not through
SPAM filter is prevented.
§ 3 License of use for digital content
(1) The digital content offered is
protected by copyright. You will receive with every purchase you make from us
digital content a license for use by the respective licensor.
The type and scope of the usage license result from the respective
license terms mentioned in the offer.
§ 4 Special agreements on offered payment methods
(1) Credit Check
If we make advance payments, e.g. when paying on account or
Direct debit, your data will be used to protect our legitimate
interests for the purpose of credit assessment on the basis
mathematical-statistical methods to the SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden .
We reserve the right to give you the result of the credit check
to refuse the payment method on account or direct debit.
(2) SEPA direct debit (basic and / or company direct debit)
When paying by SEPA core direct debit or by SEPA company 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
Advance notice (Pre-Notification) will be given 5 days before
Due date shortened. You are required to provide sufficient
ensure the account has sufficient funds on the due date. In case of a
Return debit due to your fault, you have the accruing
pay bank charges.
§ 5 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 complete
settlement of all claims from the ongoing business relationship.
Prior to the transfer of ownership of the reserved goods, a pledge is required
or security transfer not permitted.
b) You can resell the goods in the ordinary course of business.
In this case, you already accept all claims in the amount of
invoice amount that you accrue from the resale to us,
We accept the assignment. You are next to collect the
claim authorized. If you do not meet your payment obligations
properly, we reserve the right to refuse the claim
move in yourself.
c) If the goods subject to retention of title are combined and mixed, we acquire them
Co-ownership of the new item in relation to the invoice value
reserved goods to the other processed items at the time
the processing.
d) We undertake to transfer the securities to which we are entitled to your
Request to release insofar as the realizable value of our
Collateral exceeds the claim to be secured by more than 10%. the
We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) When
Consumers are asked to promptly check the goods upon delivery
completeness, obvious defects and transport damage
check and notify us and the carrier of any complaints as quickly as possible
to communicate. If you do not comply, this has no effect on
Your statutory warranty claims.
(3) So far
a feature of the goods deviates from the objective requirements
the deviation is only deemed to be agreed if, before submitting the
contract declaration were informed by us about the same and
the deviation expressly and separately between the contracting parties
was agreed.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only ours apply to the quality of the goods
own information and the product description of the manufacturer as
agreed, but not other advertising, public promotions and
Statements by the manufacturer.
b) In the event of defects, we provide a warranty of our choice
through rectification or subsequent delivery. Beats the remediation
fail, you can choose to demand a reduction in price or withdraw from the contract
step back. The removal of defects applies after an unsuccessful second
Attempt as failed if not specific from the type of
goods or the defect or the other circumstances something else
results. In the case of rectification, we do not have to pay the increased costs
borne by the shipment of the goods to a place other than the
Place of performance arise, provided that the shipment does not
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 attributable to us
damage caused from injury to life, limb or
health and caused intentionally or through gross negligence
other damage;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for things that according to their
have been used in the usual way for a building and
caused its defectiveness;
– in the event of legal recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German applies
Law. For consumers, this choice of law only applies if this
by mandatory provisions of the law of the state of ordinary
The protection granted to the consumer during his stay is not withdrawn
(principle of favourability).
(2) Place of fulfillment for
all services from the business relationships existing with us as well as
The place of jurisdiction is our registered office, insofar as you are not a consumer, but
Merchant, legal entity under public law or
are special public assets. Same goes if you
have no general place of jurisdiction in Germany or the EU or
the domicile or habitual abode at the time the action is filed
is not known. The power also to the court of another
Calling the legal place of jurisdiction 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 the
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 to
Conclusion of the contract, the conclusion of the contract itself and the
Possible corrections are made in accordance with the regulations
“Conclusion of the contract” of our general terms and conditions
(Part One.).
3. Contract language, contract text storage
3.1. 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 be able
the contract data is printed out using the print function of the browser or
electronically secured. After we have received the order
the order data, the information required by law
distance contracts and the general terms and conditions again
sent to you by email.
3.3. For requests for quotations outside of
online shopping cart system, you will receive all contract data in one
binding offer in text form, e.g. by e-mail, which
You can print it out or save it 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. Those in the respective offers
The prices listed and the shipping costs represent total prices. she
include all price components including all accruing
Steer.
5.2. The shipping costs are
not included in the purchase price. You are about a suitably
designated button on our website or in the respective
offer callable, are separated during the ordering process
shown and are to be borne by you in addition, unless the
Free shipping is promised.
5.3. Will delivery be made to countries
outside of the European Union, for which we are not responsible
additional costs are incurred, such as customs duties, taxes or
Money transfer fees (bank transfer or exchange rate fees
credit institutes), which are to be borne by you.
5.4. Costs incurred in transferring money (Bank transfer or exchange rate fees) are
from you to be borne in cases where the delivery is in a
EU member state, but the payment is outside the European
Union was initiated.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. So much for the individual
Payment types are not otherwise specified, the payment claims from the
concluded contract due for payment immediately.
6. Terms of Delivery, Provision
6.1. the
Terms of delivery, the delivery date and any existing ones
Delivery restrictions and the conditions of provision of
digital content can be found under an appropriately designated
button on our website or in the respective offer.
6.2. As far as you are a consumer
regulated by law that the risk of accidental loss and the
accidental deterioration of the item sold during shipment
only when the goods are handed over to you, regardless of whether the
Shipping insured or uninsured. This does not apply if
You independently a not named by the entrepreneur
Transport company or another to carry out the shipment
commissioned a specific person.
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 have been
created by the lawyers of the Händlerbund, who specialize in IT law
and are constantly checked for legal conformity. The Merchants Association
Management AG guarantees the legal certainty of the texts and is liable
in the case of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 01.01.2022