General terms and conditions of business
1. Scope of Application
The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. A business is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
For businesses, the following applies: If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Braun GmbH & Co. KG.
By placing products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products non-bindingly in the shopping cart and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Subject Matter of the Contract
4.1 Product Description
Reference is made to the validity of the respective product description as an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to point out the following special features. If you have any uncertainties, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.
5. Requirements and Handling of Customer Content
5.1 Requirements
If it is necessary for the fulfillment of the order that you provide us with content (e.g., texts, data, files), the technical possibilities available for this and the possibly applicable requirements are governed by the respective product description.
You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out any editorial review before executing the order.
5.2 Compliance with Applicable Law
The content and the products to be created from it must always comply with the respective applicable legal provisions. In particular, they must not infringe any rights and claims of third parties (especially copyrights, trademark rights, or other protective rights) and must not contain any content glorifying violence, discriminating, racist, xenophobic, or otherwise immoral or unconstitutional content or serve such purposes.
5.3 Indemnification
You indemnify us from claims by third parties that they may assert in connection with an infringement of their rights by our contractual use. You also bear the necessary costs of legal defense, including all court and lawyer fees to the statutory extent. The indemnification does not apply if you are not responsible for the legal infringement. You are obliged to provide us with all information immediately, truthfully and completely in the event of a claim by third parties that is necessary for the examination of the claims and a defense.
5.4 Right of Withdrawal
We reserve the right to reject the order or to withdraw from the contract if the content you provide for this purpose violates legal or official prohibitions or good morals, or if there is a justified suspicion of such a violation. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
6. Delivery Conditions
6.1 Shipping Costs
Shipping costs for deliveries within Germany are a flat rate of €4.95 incl. VAT. For orders over €100.00 incl. VAT, we deliver free of charge.
6.2 Delivery Options
We ship the products to the delivery address specified in the order process.
We only deliver by mail. Self-collection of goods is unfortunately not possible.
We do not deliver to parcel pick-up stations.
7. Payment
7.1 Prices
The prices stated at the time of order apply. These are total prices and include statutory VAT.
7.2 Payment Methods
The following payment methods are generally available in our shop.
Credit Card
You enter your credit card details during the order process. Your card will be charged immediately after placing the order.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by Amazon Pay within one banking day after placing the order.
Amazon Pay may offer additional payment methods in the customer account to registered Amazon Pay customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Amazon Pay. Further information on this can be found in your Amazon Pay account.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, identify yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information can be found in the order process.
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information can be found during the order process.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information can be found in the order process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.
Shop Pay
Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
8. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
9. Retention of Title
The product remains our property until full payment.
For entrepreneurs, the following applies in addition: We reserve ownership of the product until all claims from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any connection or mixing of the reserved goods with a new item – in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
11. Warranty and Guarantees
11.1 Liability for Defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortenings of deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents
- in case of injury to life, limb, or health
- in case of intentional or grossly negligent breach of duty as well as malice
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- if the scope of application of the Product Liability Act is open.
Restrictions for Businesses
For businesses, only our own statements and the manufacturer's product descriptions included in the contract apply as an agreement on the quality of the goods; we do not assume liability for public statements by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note for Merchants
Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated therein, the goods shall be deemed approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
11.2 Guarantees and Customer Service
Information on any applicable additional guarantees and their exact conditions can be found with the respective product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and grievances on weekdays from 9:00 a.m. to 4:00 p.m. by telephone at +49 (0) 6752 93330 and by e-mail at service@braun-bueffel.com.
12. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, limb, or health,
- in case of intentional or grossly negligent breach of duty,
- in case of guarantee promises, if agreed, or
- if the scope of application of the Product Liability Act is open.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), by slight negligence on our part, our legal representatives or vicarious agents, our liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.
Otherwise, claims for damages are excluded.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final Provisions
If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual clauses of these General Terms and Conditions be wholly or partially ineffective, the remainder of the contract shall remain effective. Insofar as individual clauses are ineffective, the content of the contract shall be governed by the statutory provisions.