General Terms and Conditions (Online Shop)

General Terms and Conditions (Online Shop) of
P. BRÄNDLE GmbH, 72186 Empfingen
as of January 2022
 

§ 1 Scope of application/exclusion of assignment

1. P. BRÄNDLE GmbH (hereinafter: "BRÄNDLE") provides deliveries and services exclusively on the basis of the following General Terms and Conditions (GTC), in the version valid at the time of the order. Any deviating terms and conditions of the Customer shall not be recognized unless their validity is expressly confirmed by BRÄNDLE in writing.
   
   
2. Customers in the sense of these GTC are both consumers and entrepreneurs. In cases where different regulations apply to consumers or entrepreneurs, these are shown separately under consumers or entrepreneurs. A consumer is a natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity with whom we enter into a business relationship and who acts in the exercise of a commercial or independent professional activity (§ 14 BGB).
   
   
3. The Customer may assign claims arising from legal transactions with BRÄNDLE only with BRÄNDLE's express written consent.
   
   

§ 2 Conclusion of contract

1. The online presentation of the product range represents a non-binding invitation to the customer and not an offer within the meaning of § 145 ff. BGB (German Civil Code).
   
   
2. If the Customer places an order, the contract, including these GTC, between the Customer and BRÄNDLE shall only come into existence when the Customer sends the order entered by the Customer in the online input mask on the Website to BRÄNDLE by clicking the mouse or by pressing the "ENTER" button on "Send order" as a binding offer to conclude a contract and BRÄNDLE expressly accepts this.
   
   
3. After sending the Offer pursuant to Section 2, the Customer shall first receive a confirmation of receipt of the order by e-mail (confirmation of receipt). This confirmation does not constitute an acceptance of the offer, but is only intended to inform the Customer that the order has been received by BRÄNDLE. If necessary, BRÄNDLE shall point out to the Customer possible errors in the information on the assortment on the Website and, if necessary, submit a corresponding counter-offer.
   
   
4. BRÄNDLE is entitled to accept the Customer's offer within two weeks.
   
   BRÄNDLE's declaration of acceptance may be made in writing, by e-mail, in other text form and by sending the ordered goods.
   
   
5. BRÄNDLE does not offer products for purchase by minors.
   
   

§ 3 Prices and shipping costs

1. The prices stated in each case for our goods are final prices including the statutory value added tax. The prices do not include delivery and shipping costs, which are to be paid additionally by the Customer.
   
   With respect to entrepreneurs, BRÄNDLE reserves the right to change its prices accordingly if, after the conclusion of the contract, cost reductions or cost increases occur, in particular due to collective bargaining agreements, changes in material prices, changes in customs duties or changes in value added tax. These shall be proven to the customer upon request.
   
   
2. The customer's share of shipping costs is € 6.95 incl. VAT for domestic deliveries up to 31 kg.
   
   Unfortunately, shipping to foreign countries is not possible.
   
   Dealer discounts cannot be granted in the store.
   
   In the case of cash-on-delivery, additional cash-on-delivery charges will be added, which are levied by the postal carrier and are to be borne by the customer.
   
   

§ 4 Terms of payment, due date, default in payment, set-off

1. We offer the payment methods, purchase on account, credit card and PayPal.
   
   Invoices and credit notes are sent exclusively in electronic form.
   
   
2. If the customer is in default of payment, he shall be responsible for any negligence in the meantime.
   
   
3. The Customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been acknowledged by BRÄNDLE. In addition, the Customer shall be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
   
   

§ 5 Delivery

1. Delivery is made by sending the purchased item to the address or delivery address provided by the customer.
   
   To entrepreneurs: Delivery to the address or delivery address provided by the customer shall be "ex warehouse", so that the risk shall pass to the buyer upon delivery in accordance with § 447 BGB.
   
   
2. Information on the expected delivery period is non-binding unless BRÄNDLE has given the Customer a binding commitment in writing in an individual case.
   
   
3. BRÄNDLE is entitled to make partial deliveries.
   
   

§ 6 Reservation of right of withdrawal

1. Towards entrepreneurs: BRÄNDLE is entitled to withdraw from the contract in the event of partial or no delivery to BRÄNDLE.
   
   Vis-à-vis consumers: BRÄNDLE is entitled to withdraw from the contract in case of lack of self-supply if BRÄNDLE has concluded a specific covering transaction and is not supplied by the partner of this contract.
   
   
2. BRÄNDLE shall further be entitled to rescind the contract in the event that delivery is not possible due to force majeure or other unforeseeable obstacles to performance which cannot be overcome by reasonable efforts - unless BRÄNDLE is responsible for such obstacles.
   
   

§ 7 Right of withdrawal of the customer as a consumer

1. Consumers are generally entitled to a statutory right of withdrawal. The legal regulations regarding any existing right of revocation are contained exclusively in the revocation instructions, which are available to the CUSTOMER as part of the ordering process.
   
   

§ 8 Liability for defects and limitation of liability

1. Towards entrepreneurs: The assertion of defect rights presupposes that the entrepreneur has duly complied with his inspection and notification obligations owed under § 377 of the German Commercial Code (HGB).
   
   
2. Vis-à-vis entrepreneurs: If the purchased item is defective, BRÄNDLE shall be entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a new item free of defects.
   
   Vis-à-vis consumers: If the purchased item is defective, the Customer may choose between subsequent performance in the form of rectification of the defect or delivery of a new item free of defects.
   
   
3. In the event that the defect is remedied, BRÄNDLE shall be obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless such costs are increased by the fact that the purchased item has been taken to a place other than the place of performance.
   
   
4. Towards Entrepreneurs: BRÄNDLE shall be liable in accordance with the statutory provisions if Customer asserts claims for damages, unless they are not based on intent or gross negligence, including intent and gross negligence of BRÄNDLE's representatives or vicarious agents. Insofar as BRÄNDLE is not accused of intentional breach of contract, liability for damages shall be limited to the foreseeable, typically occurring damage. If BRÄNDLE culpably breaches a material contractual obligation, BRÄNDLE shall also be liable in accordance with the statutory provisions; in this case the liability for damages shall be limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act. 
   
   
5. Unless otherwise stipulated above, liability is excluded.
   
   
6. Towards entrepreneurs: The limitation period for claims for defects is 12 months, calculated from the transfer of risk. The reduction of the limitation period shall not apply to claims for injury to life, body and health and in the event of gross negligence and intentional fault.
   
   
7. Towards consumers: The limitation period for claims for defects shall be determined in accordance with the statutory provisions with the proviso that the limitation period for the claim for damages (§ 437 No. 3 BGB) shall be 12 months. The reduction of the limitation period shall not apply to claims for injury to life, body and health and in the event of gross negligence as well as intentional fault.
   
   
8. According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. BRÄNDLE is therefore not liable for the availability of the online store and the website at all times.
   
   

§ 9 Retention of title

1. Towards consumers: BRÄNDLE retains title to the purchased item until the purchase price has been paid in full.
   
   
2. Vis-à-vis entrepreneurs: BRÄNDLE retains title to the purchased item until receipt of all payments arising from the business relationship with the Customer.
   
   The Customer is obliged to treat the purchased item with care. In the event of seizure or other interventions by third parties, the Customer shall notify BRÄNDLE in writing without undue delay so that BRÄNDLE may bring an action in accordance with § 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse BRÄNDLE for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 ZPO, the Customer shall be liable for the loss incurred by BRÄNDLE.
   
   Customer shall be entitled to resell the purchased goods in the ordinary course of business; however, Customer hereby assigns to BRÄNDLE all claims in the amount of the final factura amount (including value added tax) of BRÄNDLE's claim accruing to it against its customers or third parties from the resale, irrespective of whether the purchased goods have been resold without or after processing. The Customer shall remain authorized to collect this claim after assignment. This shall not affect BRÄNDLE's right to collect the claim itself. BRÄNDLE undertakes not to collect the claim as long as Customer meets its payment obligations from the proceeds collected, is not in default of payment and, in particular, has not filed for insolvency or composition proceedings or suspended payments. If this is the case, BRÄNDLE may demand that the Customer inform BRÄNDLE of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
   
   Processing or transformation of the object of sale by the Customer shall always be carried out on our behalf. If the purchased item is processed together with other items not belonging to BRÄNDLE, BRÄNDLE shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. If the purchased item is inseparably mixed with other items not belonging to BRÄNDLE, BRÄNDLE shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed items at the time of mixing. If the mixing takes place in such a way that Customer's item is to be regarded as the main item, it shall be deemed to be agreed that Customer transfers ownership to BRÄNDLE on a pro rata basis and shall keep it in safe custody for BRÄNDLE.
   
   BRÄNDLE undertakes to release the securities to which BRÄNDLE is entitled at Customer's request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent on BRÄNDLE.
   
   

§ 10 Copyrights

The use, reproduction or transmission of individual contents or complete pages from the online store or internet presence in other electronic or printed publications is not permitted. This applies to all products and the entire internet presence of BRÄNDLE.

§ 11 Links to other Internet pages

Insofar as BRÄNDLE has included links to other Internet sites on its own Internet pages, it is pointed out that BRÄNDLE has no influence whatsoever on their content and design. BRÄNDLE therefore accepts no liability with regard to the content of displayed links and page content to which the banners and links registered with BRÄNDLE lead and does not adopt any of this content as its own. The exclusion of liability also applies to the content of websites that refer to BRÄNDLE. BRÄNDLE is not in a position to determine or verify references.

§ 12 Choice of Law, Place of Jurisdiction, Place of Performance

1. The law of the Federal Republic of Germany shall apply; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
   
   
2. Towards entrepreneurs: BRÄNDLE's place of business shall also be the place of jurisdiction; however, BRÄNDLE shall also be entitled to sue the Customer at the court of the Customer's place of residence.
   
   
3. BRÄNDLE's place of performance shall be its place of business.
   
   
4. If the customer has his domicile or habitual residence abroad, Rottweil shall be the place of jurisdiction for all claims in connection with the order. The same shall apply if the customer has taken his place of residence or habitual abode outside Germany after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought.