General Terms and Conditions of Sale
General Terms and Conditions of Sale (GTC) – online shop www.branoshop.com
1. For all contracts concluded by a consumer or entrepreneur with us via the online shop www.branoshop.com, our following General Terms and Conditions of Sale (GTC) in the version valid at the time of the order apply exclusively. We shall not recognise any deviating conditions of the customer, unless we have expressly agreed to apply these conditions.
2. In accordance with Section 13 of the German Civil Code (BGB), a consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. In accordance with Section 14 of the German Civil Code, an entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
3. Please note that we sell the products available through branoshop.com only in household quantities and ship them within Germany. If you need larger quantities of our products or would like to request a delivery outside of Germany, please contact us directly using the “Contact” section.
4. You can view, save and print these terms and conditions of sale at any time at (http://www.branoshop.com/agb). For information on the processing and protection of your data, please refer to our privacy statement.
II. Conclusion of contract
1. All products available through branoshop.com are only sold in household quantities and only sent to customers who can provide a delivery address within Germany. If you need larger quantities of our products or would like to request a delivery outside of Germany, please contact us directly using the “Contact” section.
2. The product presentations in our online shop do not constitute binding offers, but allow the customer to submit a binding offer.
3. You can select items in various quantities from our assortment and collect them in a so-called shopping cart using the “Add to shopping cart” button. Click the “Proceed to checkout” button to start the ordering process, which is summarised in the order overview. Before clicking on the “Order now – payment required” button, you can change and view your data and items at any time. By clicking on the “Order now – payment required” button in the order overview, you submit a legally binding contract offer for the purchase of the items in the shopping cart. However, the offer can only be submitted and transmitted to us if you have agreed to these General Terms and Conditions by checking the box at the end of the order overview before clicking on the “Order now – payment required” button.
4. After you have sent the offer, we have three working days to accept your offer by sending the order confirmation by email. The order confirmation contains the contract text consisting of the declaration of acceptance, the notification of our bank details (if you have chosen bank transfer as the payment method), the overview of the ordered items, the cancellation policy and the general terms and conditions of sale. Once the order confirmation has been transmitted, the purchase contract for the items specified therein comes into effect.
5. If you choose the payment option “PayPal” during the order process, you also issue a payment order to your payment service provider by clicking on the “Order now – payment required” button. In this case, we declare acceptance of your contract offer by way of derogation from Section 3 at the moment when you launch the payment process by clicking on the “Order now – payment required” button.
III. Right of cancellation
As a consumer, you have a right of cancellation, about which we would like to inform you as follows:
1. Right of cancellation
You have the right to cancel this contract within 14 days of the date on which you or a third party named by you, who is not a carrier, have taken possession of the goods, without providing any reasons. For a contract covering several items that you have ordered as part of a single order and which are delivered separately, the cancellation period begins on the date on which you or a third party named by you, who is not the carrier, have taken possession of the last item delivered. To exercise your right of cancellation, you must contact us (BRANOpac GmbH, Gottlieb-Daimler-Strasse 18-20, 35423 Lich, Germany. Phone: +49 (6404) 9142-0; Fax: +49 (6404) 9142-700, email: [email protected]) and send us a clear declaration of your decision to cancel this contract. You can use our Muster-Widerrufsformular ,which is not mandatory, or simply contact us, for example, by sending us a letter by post, a fax, an email or by telephone. To comply with the cancellation period, it is sufficient that you send notification that you are exercising your right of cancellation before the end of the cancellation period.
2. Consequences of cancellation
If you cancel this contract, we shall refund to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your selection of an alternative type of delivery than the most inexpensive standard delivery offered by us), immediately and at the latest within fourteen days of the date on which we received the notification of your cancellation of this contract. For this refund, we will use the same payment method you used in the original transaction, unless otherwise agreed with you.
We shall in no case charge you any fees for the refund.
We may refuse to refund you until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
b) Return of the goods
You must return or hand over the goods to us immediately and in any case within fourteen days of the date on which you inform us of the cancellation of this contract. To comply with the cancellation period, it is sufficient that you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. Items that cannot be sent by parcel will be picked up from your address./p>
c) Loss of value
You will only have to pay for any loss of value of the goods if this loss of value is due to your handling the goods in a way that is not required in order to inspect the quality, characteristics and functioning of the goods.
3. Exceptions to the right of cancellation
The right of cancellation does not exist or expires for contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and the seal of which was removed after delivery, or which were inseparably mixed with other goods after delivery due to their nature.
END OF CANCELLATION POLICY
IV. Prices, payment, invoice
1. All prices for the items available on branoshop.com include the applicable statutory value added tax. For shipping and postage, we also charge a shipping fee, which varies depending on the type of shipment you choose (Section V of these General Terms and Conditions).
2. For deliveries of goods to countries outside the European Union agreed in accordance with Section II. 1. of these GTC, additional costs may be incurred in individual cases for which we are not responsible and which shall to be borne by you. This includes, for example, costs for the transfer of money by credit institutions (e.g. exchange rate fees), import duties and/or taxes of the importing country, which may result in additional fees (customs clearance etc.). We have no influence over the amount of such fees.
3. The purchase price and the flat fee for shipping shall be due for payment upon conclusion of the contract (Section II of these General Terms and Conditions).
4. You can only pay the purchase price and the shipping costs in advance. You can choose to pay via bank transfer or PayPal. We will provide you with our bank details by email in our order confirmation.
5. Invoices and credit notes are available in electronic form.
V. Delivery, retention of title, transfer of risk
1. Unless otherwise agreed, the delivery shall be made to the shipping address specified by you in your order.
2. For deliveries within Germany, you have the option of choosing between standard and express delivery. For shipping and postage, we charge you a shipping fee. The amount of the respective shipping fee will be stated in the order form.
3. For deliveries of goods to countries outside the European Union agreed in accordance with Section II. 1. of these GTC, higher shipping costs may be incurred for international shipping than the aforementioned shipping charges.
4. The items will only be sent once the purchase price and the shipping fee are credited to our bank account. Once we have received your payment, we will prepare the items for shipment. You will then receive an email confirmation that the ordered items have been shipped, along with your invoice. The current status of your order can also be found in your customer area at branoshop.com.
5. If you order as a consumer, we reserve the right of ownership for each delivery until the purchase price has been paid in full. If you order as an entrepreneur, we reserve the right of ownership of the delivered goods until all invoices arising from a current business relationship have been settled completely.
6. If you order as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the shipping company, freight carrier or the other person or institution assigned to carry out the shipment. If you order as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to you or to a person entitled to receive the goods upon handover of the goods.
1. We are liable for defects according to the applicable legal regulations, in particular according to Sections 434 et seq. of the German Civil Code. This shall apply without prejudice to our limitation of liability in accordance with section VII.
2. For consumers, the limitation period for claims due to defects is two years from the delivery of the items to you. For entrepreneurs, the warranty period is limited to one year from the delivery of the items to the persons assigned to carry out the shipment.
3. If the supplementary performance takes place through a replacement delivery, you must return the first delivered goods to us within 30 days at our expense. The return of the defective goods must be carried out in accordance with the legal regulations.
1. Our liability for damages, regardless of the legal basis, is limited in accordance with this Section VII:
We shall not be liable in cases of simple negligence, unless a violation of essential contractual obligations has occurred. Essential contractual obligations are those imposed by the contract on the seller according to its contents in order to achieve the objective of the contract, the fulfilment of which enables the proper execution of the contract in the first place and the compliance with which the customer may ordinarily expect. Liability for breach of essential contractual obligations is limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen if we had exercised due care (foreseeable damage typical of the contract). Additionally, indirect damages and consequential damages as well as the consequence of defects in the item are only eligible for compensation if such damages are typically to be expected when the item is used for its intended purpose.
2. The above limitations do not apply to our liability for intentional or grossly negligent behaviour, for guaranteed quality features, for injury to life, body or health, or according to the Product Liability Act.
3. The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.
VIII. Applicable law, place of jurisdiction
1. For all contracts concluded via branoshop.com, the law of the Federal Republic of Germany shall apply, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the laws of the country in which the consumer habitually resides.
2. If you are a merchant, a legal entity under public law or a special fund under public law, Giessen/Germany is the exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship, regardless of the legal basis.