General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase agreement is concluded with Braun GmbH & Co. KG.
By placing products in our online shop, we are making a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German
We save the contract text and send you the order details and our terms and conditions in written form. For security reasons, the contract text is no longer accessible online.
4. Subject of the contract
4.1 Product description
Attention is drawn 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 draw your attention to the following special features. If you have any questions, please contact us.
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
5. Requirements and handling of customer content
5.1 Requirements
If the fulfillment of the order requires you to provide us with content (e.g. texts, data, files), the available technical possibilities and any applicable requirements are governed by the respective product description.
You are solely responsible for the content, including its legality and accuracy, that you submit. We do not conduct any editorial review prior to fulfilling the order.
5.2 Compliance with applicable law
The content and any products created from it must always comply with applicable legal regulations. In particular, they must not infringe upon the rights and claims of third parties (especially copyrights, trademarks, or other intellectual property rights) and must not contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.
5.3 Exemption
You agree to indemnify us against any third-party claims arising from our contractual use of the software or services infringing their rights. You will also bear the necessary costs of our legal defense, including all court and attorney fees at the statutory rate. This indemnification does not apply if the infringement is not attributable to you. In the event of a third-party claim, you are obligated to provide us immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.
5.4 Right of withdrawal
We reserve the right to refuse the order or withdraw from the contract if the content you provide violates legal or regulatory prohibitions or accepted standards of decency, or if there is reasonable suspicion of such violations. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
6. Delivery conditions
6.1 Shipping costs
Standard shipping within Germany is free of charge for orders over €30 including VAT.
6.2 Delivery options
We ship the products to the delivery address specified during the ordering process.
We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to parcel lockers.
7. Payment
7.1 Prices
The prices valid at the time of ordering 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
During the ordering process, you will enter your credit card details. Your card will be charged immediately after you submit your order.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe SCA, 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by Amazon Pay within one business day after the order is placed.
Amazon Pay may offer registered Amazon Pay customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence over the offering of these methods; any further individually offered payment methods govern your legal relationship with Amazon Pay. You can find more information about this 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, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering 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, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering process.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. You will receive further instructions during the ordering process.
PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods govern your legal relationship with PayPal. You can find more information about this 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 have 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 is received.
For businesses, the following applies in addition: We retain title to the product until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled 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 report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
11. Warranty and Guarantees
11.1 Warranty Law
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents.
- in case of injury to life, body or health
- in the case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
With respect to businesses, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to goods that, according to their customary use, have been used in a building and have caused its defectiveness.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.
Note to merchants
Merchants are subject to the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
11.2 Guarantees and Customer Service
Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.
Customer Service: You can reach our customer service department for questions, complaints and grievances on weekdays from 9:00 am to 4:00 pm by telephone at +49 (0) 6752 933311 and by email at service@braun-bueffel.com.
12. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
- in case of injury to life, body or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
Furthermore, claims for damages are excluded.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final Provisions
If you are an entrepreneur, then German law applies, excluding 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 place of business.
Should individual clauses of these terms and conditions be wholly or partially invalid, the remainder of the contract shall remain in effect. Insofar as individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.