General Terms and Conditions (GTC)

© 2025 Basabas GmbH, all rights reserved.
(Last updated: 4 June 2025)

Table of Contents

§ 1 Scope, Definitions and Supplier Information
§ 2 Conclusion of Contract in the Online Shop
§ 3 Right of Withdrawal for Consumers
§ 4 Prices, Terms of Payment and Default
§ 5 Delivery, Shipping Costs and Transfer of Risk
§ 6 Retention of Title
§ 7 Warranty (Liability for Defects)
§ 8 Liability
§ 9 Data Protection
§ 10 Contract Language
§ 11 Final Provisions

§ 1 Scope, Definitions and Supplier Information

1.1 Supplier Identification and Validity of these GTC

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders and contracts concluded between you, the customer, and us, Basabas GmbH, Kirchpfad 17, 35398 Giessen, Germany; e‑mail: info@basabas.de (hereinafter referred to as the “Supplier,” “we,” or “us”) via our online shop concerning the sale of spare parts, accessories and consumables (hereinafter collectively referred to as “Goods”). These GTC apply exclusively. Any general terms and conditions of the customer that conflict with, deviate from, or supplement these GTC shall not become part of the contract, even if we do not expressly object to them or unconditionally perform delivery in the knowledge of such divergent conditions. This shall apply only if we have expressly agreed in writing to their applicability.

1.2 Customer Groups and Definitions

The offer in our online shop is directed at both consumers and entrepreneurs. Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession (§ 13 German Civil Code – BGB). Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of his, her or its trade, business or profession (§ 14 BGB). Entrepreneurs also include legal persons under public law and special funds under public law. Farmers as entrepreneurs: Farmers who purchase Goods in our online shop for their agricultural business act in the exercise of their trade or independent professional activity and are therefore entrepreneurs within the meaning of these GTC and § 14 BGB. To verify entrepreneurial status during the order process, we reserve the right to request suitable proof (e.g. a valid VAT ID number) from customers acting as entrepreneurs.

§ 2 Conclusion of Contract in the Online Shop

2.1 Presentation of Goods and Invitation to Submit Offers

The presentation of Goods in our online shop does not constitute a legally binding offer by us, but merely an invitation to the customer to submit a binding offer to conclude a purchase contract.

2.2 Customer’s Order as an Offer

By completing the order form in full and then clicking the order button (e.g. “Order with obligation to pay,” “Buy,” or another clear formulation that meets the requirements of § 312j (3) BGB), the customer submits a binding offer to purchase the Goods placed in the shopping cart. Before submitting the order, the customer can review and, if necessary, correct the entries.

2.3 Order Receipt Confirmation

Immediately after submitting the order, the customer receives an automatically generated e‑mail confirming receipt of the order (order receipt confirmation). This confirmation merely informs the customer that we have received the order and lists the Goods ordered. It expressly does not constitute acceptance of the customer’s purchase offer.

2.4 Acceptance of the Offer by the Supplier

The purchase contract between the customer and us is concluded only when we accept the customer’s offer. Acceptance occurs by dispatching the ordered Goods to the customer. Dispatch constitutes our unilateral, binding declaration of acceptance. Alternatively, we may accept the offer by sending a separate, explicit order confirmation by e‑mail, which must not be confused with the automatic order receipt confirmation. We reserve the right to accept the customer’s offer within a reasonable period, generally within 1–3 business days of receipt of the order, or to decline acceptance without stating reasons, particularly if the ordered Goods are unavailable or if there were errors in the price or product description in the online shop. If the customer selects an immediate payment method (PayPal, Klarna Sofort, etc.), the payment amount is merely authorised during the ordering process. The actual charge is made only after the contract has been concluded. If no contract is concluded, the authorisation is cancelled without delay.

2.5 Storage of the Contract Text

The contract text, consisting of the customer’s order data and these GTC, is stored by us. The customer receives the order data and these GTC with the order receipt confirmation or, at the latest, with delivery of the Goods in text form (e.g. by e‑mail as a PDF attachment), enabling the customer to save and print them. The current GTC can also be viewed, downloaded and saved at any time on our website. For security reasons, direct access to earlier contract texts stored by us is not possible for the customer via the online shop after completion of the order.

§ 3 Right of Withdrawal for Consumers

3.1 Right of Withdrawal for Consumers

Consumers (§ 1 (2) of these GTC) have a statutory right of withdrawal in the case of distance contracts. Distance contracts are contracts in which the entrepreneur or a person acting in his or her name or on his or her behalf and the consumer use exclusively means of distance communication for contract negotiations and the conclusion of the contract, unless the contract is not concluded within a sales or service system organised for distance selling.

3.2 Withdrawal Policy – Right of Withdrawal

Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the Goods. In the case of a contract for multiple Goods ordered in a single order and delivered separately, the period is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the last Good. To exercise your right of withdrawal, you must inform us (Basabas GmbH, Kirchpfad 17, 35398 Giessen, Germany; e‑mail: info@basabas.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e‑mail). You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

3.3 Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive notification of your withdrawal. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earlier. You must send back or hand over the Goods to us (Basabas GmbH, Am Weiher 3, 35398 Giessen, Germany) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal. The deadline is met if you send back the Goods before the period of fourteen days has expired. You bear the direct cost of returning the Goods. For Goods that, by their nature, cannot normally be returned by post (freight goods), the return costs are estimated at approximately €1.50 per kilogram. This estimate is based on usual costs for freight returns of such Goods within Germany; actual costs may vary depending on distance and freight forwarder. You are only liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

3.4 Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To: Basabas GmbH, Kirchpfad 17, 35398 Giessen, Germany; e‑mail: info@basabas.de

I/we ([your name]) hereby withdraw from the contract concluded by me/us for the purchase of the following Goods ([list of Goods]) / the provision of the following service ([list of services]): Ordered on ([order date]) / received on ([receipt date])

Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

Please delete as appropriate.

3.5 Exclusion of the Right of Withdrawal for Entrepreneurs

The above right of withdrawal applies exclusively to consumers within the meaning of § 13 BGB. Entrepreneurs (§ 1 (2) of these GTC) are not granted either a statutory or contractual right of withdrawal unless expressly agreed otherwise in writing in an individual case between the Supplier and the entrepreneur.

§ 4 Prices, Terms of Payment and Default

4.1 Price Information

All prices stated in our online shop are total prices in euro (€) and include the applicable German statutory VAT and other price components. For customers acting as entrepreneurs (§ 1 (2)) from another EU Member State who provide a valid VAT ID number of that Member State during the order process and where all legal requirements for a VAT‑exempt intra‑Community supply are met, the delivery may be treated as such. In this case, the net price plus applicable shipping costs will be invoiced. For entrepreneurs based in Germany, the prices are always gross prices including German VAT. In addition to the stated product prices, shipping costs are incurred. The exact shipping costs depend on the nature of the Goods (weight, volume) and the delivery destination. They are shown to the customer before completion of the order in our separate shipping cost overview (see § 5 (2)) as well as in the shopping cart.

4.2 Payment Methods

We offer you the following payment methods. The choice of available payment methods is at our discretion; in particular, we reserve the right to offer you only selected payment methods, for example to safeguard our credit risk.

(a) PayPal Checkout: Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22‑24 Boulevard Royal, L‑2449 Luxembourg (hereinafter “PayPal”). Use of PayPal Checkout requires that you have or open a PayPal account during the payment process. PayPal’s user agreement applies (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full). During the order process you will be redirected to the PayPal website, where you enter your payment details and confirm the payment instruction. Further information is provided during the ordering process.

(b) Advance Payment (Bank Transfer): When selecting advance payment, we provide our bank details in the order receipt confirmation (or in a separate e‑mail if acceptance of the contract occurs later). The invoice amount must be transferred to the specified account within seven (7) calendar days of receipt of our payment request without deduction. The date of receipt of payment on our account is decisive for compliance with the deadline. The Goods are dispatched only after full payment has been received.

(c) Purchase on Account (for registered entrepreneurs under certain conditions only): The payment method “purchase on account” is offered exclusively to registered entrepreneurs (§ 1 (2) of these GTC) who have already placed at least one order successfully completed and fully paid (i.e. from the second order onwards). A further prerequisite is a positive credit check, which we reserve the right to carry out, possibly with the involvement of external credit agencies. We also reserve the right to refuse the purchase on account even if the above conditions are met or to make it dependent on additional securities. There is no entitlement to be granted purchase on account. If granted, the invoice amount is due for payment without deduction within fourteen (14) days of the invoice date. The invoice is enclosed with the Goods or sent electronically.

4.3 Payment Default

If the customer is in default of payment, we are entitled to charge default interest at the statutory rate. For consumers, the default interest rate is five (5) percentage points above the respective base rate p.a. (§ 288 (1) BGB). For entrepreneurs, the default interest rate is nine (9) percentage points above the respective base rate p.a. (§ 288 (2) BGB). In addition, in the case of entrepreneurs we are entitled to charge a lump‑sum fee of €40 (§ 288 (5) BGB). This lump‑sum fee is credited against any claim for damages insofar as the damage is based on costs of legal enforcement. The right to assert further damage caused by delay (e.g. higher interest on another legal ground, further reminder costs, costs of legal enforcement) is expressly reserved.

4.4 Set‑off and Right of Retention

The customer may only set off claims that are legally established, undisputed or acknowledged by us. The customer may exercise a right of retention only if the counter‑claim arises from the same contractual relationship.

§ 5 Delivery, Shipping Costs and Transfer of Risk

5.1 Delivery Area and Carriers

Delivery of our Goods is made within the Member States of the European Union. Goods are shipped via DHL or a suitable freight forwarder. The choice of carrier is made at our reasonable discretion, taking into account the type, weight and volume of the Goods and the place of delivery.

5.2 Shipping Costs

Shipping costs are not included in the purchase price. They depend on the weight, dimensions of the consignment, the chosen shipping method and the destination. The exact shipping costs are shown to the customer before the order is submitted, both in a separate "Shipping Costs Overview" on our website and again in the shopping cart. The overview can be accessed at any time via a clearly visible link on our website, e.g. at https://www.basabas.de/Rechtliches/Versandkosten.

5.3 Delivery Times

Delivery times stated in the online shop or in the order receipt confirmation are, unless explicitly designated in writing as a “binding delivery date,” estimated delivery times and therefore non‑binding. For payment in advance, the delivery period begins on the day after the payment order is issued to the remitting bank; for all other payment methods, on the day after conclusion of the contract (i.e. after our acceptance pursuant to § 2 (4)). The delivery period ends upon expiry of the last day of the specified period. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of delivery, the next business day shall take the place of such day. We endeavour to meet the stated delivery times. Should delays occur, we will inform the customer accordingly.

5.4 Partial Deliveries

We are entitled to make partial deliveries, provided this is reasonable for the customer taking into account the customer’s interests and the nature of the Goods ordered. Any additional shipping costs arising from partial deliveries shall be borne by us, unless the partial delivery is made at the customer’s express request.

5.5 Transfer of Risk

The rules governing transfer of risk differ depending on whether the customer is a consumer or an entrepreneur. 

Consumers:
In contracts with consumers (§ 1 (2)), the risk of accidental loss or deterioration of the sold Goods passes to the consumer only upon handover of the Goods to the consumer or a third party designated by the consumer who is not the carrier (§ 475 (2) BGB in conjunction with § 446 BGB). This means we bear the risk of loss or damage during transport until delivery to the consumer. Handover is deemed equivalent if the consumer is in default of acceptance. 

Entrepreneurs:
In contracts with entrepreneurs (§ 1 (2)), the risk of accidental loss or deterioration of the Goods passes to the entrepreneur as soon as we have delivered the Goods to the carrier, freight forwarder or other person or organisation designated to effect shipment (§ 447 BGB). In this case, the place of performance is our place of business or the dispatch warehouse from which shipment takes place.

§ 6 Retention of Title

6.1 Simple Retention of Title (for Consumers and Entrepreneurs)

The Goods delivered by us remain our property until full payment of the purchase price and all associated ancillary claims (e.g. shipping costs). This simple retention of title applies to both consumers and entrepreneurs and secures our claim for payment until settlement in full.

6.2 Extended and Prolonged Retention of Title (Entrepreneurs Only)

If the customer is an entrepreneur (§ 1 (2)), the following provisions of the extended and prolonged retention of title apply in addition: 

(a) The entrepreneur is entitled to resell and/or process the Goods subject to retention of title (hereinafter “Reserved Goods”) in the ordinary course of business, provided he or she meets payment obligations to us on time. Pledging or transfer of ownership by way of security is not permitted. 

(b) In the event of resale of the Reserved Goods, the entrepreneur hereby assigns to us by way of security all claims against his or her buyers or third parties arising from the resale in the amount of the final invoice value (including VAT). This applies irrespective of whether the Reserved Goods are resold without or after processing. We hereby accept this assignment. 

(c) The entrepreneur remains authorised to collect the assigned claims even after assignment. Our authority to collect the claims ourselves remains unaffected. However, we undertake not to collect the claims as long as the entrepreneur meets his or her payment obligations from the collected proceeds, is not in default, and in particular no petition for insolvency proceedings has been filed or payments have been suspended. If one of these situations occurs, we may demand that the entrepreneur inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the debtors (third parties) of the assignment. 

(d) Processing or transformation of the Reserved Goods by the entrepreneur is always carried out on our behalf as manufacturer, but without any obligation on our part. If the Reserved Goods are processed with other items not belonging to us, we acquire co‑ownership of the new item in the ratio of the value of the Reserved Goods (final invoice amount including VAT) to the value of the other processed items at the time of processing. The same applies to items created by processing as to the Reserved Goods. 

(e) If the Reserved Goods are inseparably mixed or combined with items not belonging to us, we acquire co‑ownership of the new item in the ratio of the value of the Reserved Goods (final invoice amount including VAT) to the value of the other mixed or combined items at the time of mixing or combination. If mixing or combining is done in such a way that the entrepreneur’s item is to be regarded as the main item, it is agreed that the entrepreneur transfers proportionate co‑ownership to us. The entrepreneur shall hold the resulting sole or co‑ownership on our behalf. 

(f) We undertake to release the securities to which we are entitled at the entrepreneur’s request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10 percent; we shall choose which securities to release.

§ 7 Warranty (Liability for Defects)

The customer’s rights in the event of defects in the Goods purchased are governed by statutory provisions, modified by the following provisions of these GTC.

7.1 Provisions Applicable to Consumers

For consumers (§ 1 (2)), the statutory warranty rights (§§ 434 ff. BGB) apply without restriction. The limitation period for defect claims in the case of new Goods is two years from delivery to the consumer. Where used Goods are sold (if offered in our shop and explicitly marked as "used" or equivalent), the limitation period for defect claims may be reduced to one year from delivery. Any such reduction will be expressly and clearly indicated in the product description and order process. If no such notice is given, the two‑year period also applies to used Goods.

7.2 Provisions Applicable to Entrepreneurs

For entrepreneurs (§ 1 (2)), the following special provisions apply to defect claims: 

(a) The limitation period for defect claims in the case of new Goods is one year from transfer of risk (§ 5 (5)). 

(b) For used Goods (if offered in our shop and explicitly marked as "used" or equivalent), the warranty is excluded. This exclusion does not apply if a defect was fraudulently concealed, if a guarantee for the quality of the Goods has been assumed, or in respect of claims for damages pursuant to § 7 (3). 

(c) The entrepreneur is obliged to inspect the delivered Goods promptly upon receipt for obvious defects, transport damage as well as deviations in quantity and quality. Detected defects must be notified to us in writing (e.g. by e‑mail, letter) without delay, at the latest within seven (7) calendar days of receipt. Hidden defects that could not be detected during proper inspection must be notified to us in writing without delay, at the latest within seven (7) calendar days of their discovery. Timely dispatch of the notice of defects suffices to meet the deadline. If the entrepreneur fails to inspect or notify defects in time, the Goods are deemed approved to that extent, and the assertion of defect claims is precluded unless we fraudulently concealed the defect (§ 377 German Commercial Code – HGB). 

(d) If a defect exists, we shall, at our option, provide subsequent performance to entrepreneurs either by remedying the defect (repair) or by supplying a defect‑free item (replacement). If subsequent performance fails (e.g. after two unsuccessful attempts), is unreasonable, or is refused by us, the entrepreneur may exercise the further statutory rights (withdrawal, reduction, damages in accordance with § 8). 

(e) With respect to entrepreneurs, the agreed quality of the Goods shall primarily be those characteristics described in our own product descriptions and manufacturer information that have become part of the contract. Public statements, promotions or advertising by the manufacturer do not constitute contractual quality specifications. To the extent that, as of 1 January 2022, the statutory concept of defect also encompasses objective requirements (i.e. what a purchaser ordinarily expects), it is agreed for transactions with entrepreneurs that such objective requirements are subordinate to the specifically agreed quality and shall constitute a defect only if expressly agreed in writing or if we have given a corresponding guarantee. 

(f) Entrepreneurs’ claims for damages based on a defect are limited or excluded pursuant to § 8 (Liability).

7.3 General Notes (Consumers and Entrepreneurs)

The limitations and reductions of warranty rights and limitation periods set out in § 7 (1) and § 7 (2) do not apply: 

• to claims for damages arising from injury to life, body or health;
• to other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents;
• in the case of fraudulent concealment of a defect by us;
• where we have assumed a guarantee for the quality of the Goods (in which case liability is determined by the guarantee conditions);
• to claims under the Product Liability Act. 

We are liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by us or by an intentional or negligent breach of duty of our legal representatives or vicarious agents. We are also liable without limitation for other damages caused by intentional or grossly negligent breaches of duty by us or our legal representatives or vicarious agents. Liability under the Product Liability Act remains unaffected. We are likewise liable without limitation where we have assumed a guarantee of quality, to the extent the scope of the guarantee covers the damage, and in cases of fraudulent concealment of defects.

8.2 Liability for Simple Negligence

In the event of slightly negligent breaches of essential contractual obligations (so‑called cardinal duties), our liability is limited to the foreseeable, contract‑typical damage. Essential contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (e.g. the obligation to deliver a defect‑free item on time). Towards entrepreneurs (§ 1 (2)), our liability for slightly negligent breaches of non‑essential contractual obligations is excluded. 

The foregoing limitations of liability in § 8 (2) also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them. Any further liability for damages beyond that provided for in the preceding paragraphs is excluded, irrespective of the legal nature of the asserted claim.

§ 9 Data Protection

We collect, process and use personal data of our customers (e.g. name, address, e‑mail address, order data) exclusively within the framework of applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details regarding the collection and use of your personal data, your rights as a data subject, as well as information on the use of cookies and analytics tools can be found in our separate privacy policy available on our website.

§ 10 Contract Language

The language governing the conclusion of the contract, its performance and all communication with the customer is German. If translations of these GTC or other contractual documents are provided in other languages, these are for information purposes only. In case of contradictions or doubts of interpretation between the German version and a translation, only the German version shall be authoritative.

§ 11 Final Provisions

11.1 Applicable Law

All legal relationships between us and the customer are governed exclusively by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers (§ 1 (2)), this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence is not withdrawn (principle of favourability pursuant to Art. 6 (2) Rome I Regulation).

11.2 Place of Jurisdiction

Entrepreneurs:
If the customer is a merchant within the meaning of the German Commercial Code, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our place of business (Giessen, Germany). The same applies if the customer is an entrepreneur and has no general place of jurisdiction in Germany, or if his or her domicile or habitual residence is unknown at the time the action is brought. Nevertheless, we are also entitled to sue the entrepreneur at his or her general place of jurisdiction. 

Consumers:
For actions against consumers, the court of the consumer’s place of residence has jurisdiction. For actions by the consumer against us, the consumer’s place of residence is also competent; however, we may also sue consumers at our general place of jurisdiction, provided the statutory requirements are met.

11.3 Online Dispute Resolution for Consumers (ODR Platform) and Consumer Dispute Resolution

European Commission provides a platform for online dispute resolution (ODR platform) for consumers, available at https://ec.europa.eu/consumers/odr/. Our e‑mail address is info@basabas.de. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the German Consumer Dispute Resolution Act (VSBG) (§ 36 VSBG).

11.4 Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, or should these GTC contain a gap, the validity of the remaining provisions shall not be affected. In place of the invalid, unenforceable or missing provision, a valid and enforceable provision shall apply that comes closest to what the parties would have intended according to the purpose and meaning of the contract had they considered the matter. It is clarified that, in the event of invalidity of a clause under § 306 BGB, the statutory provisions shall primarily apply in its place.