General Terms and Conditions (below General Terms)
Hans Brunner GmbH (below BRUNNER)
for orders with the online-shop
1. Contractual Relationship and Acceptance of General Terms
1.1 The business relationship between BRUNNER and the customer will be governed exclusively by the following General Terms in the version valid at the time of placement of the order. Customer’s differing terms are not accepted unless BRUNNER has expressly agreed to its recognition.
1.2 BRUNNER does not offer any products for purchase by minors.
2. Conclusion of Contract
2.1 Customer’s order constitutes an offer towards BRUNNER to close a contract. If the customer places an order with BRUNNER, he will receive an email-message by BRUNNER confirming the receipt of the order with BRUNNER, and listing its details (confirmation of order). This confirmation of order does not constitute an acceptance of customer’s offer, but shall inform the customer of the order’s receipt only. A purchase contract is closed only when the acceptance of the order is declared towards the customer in a second email-message by BRUNNER (order confirmation) within five calendar days. No purchase contract is closed with regard to those products listed on the customer’s order that are not mentioned in the order confirmation.
2.2 BRUNNER is entitled to reject agreement to close a purchase contract partially or in whole, at its own sole discretion.
2.3 Any declaration by the customer may only be given on his own behalf and will be legally binding only on the customer’s behalf.
3.1 Unless otherwise agreed, the goods will be shipped from BRUNNER’s warehouse to the shipping address indicated by the customer. Any information on the shipping date is non- binding, unless the shipping date was guaranteed as binding by way of exception. Unless otherwise agreed, shipping will generally take place within 10 working days after payment of the purchase price according to clause 5.
3.2 If BRUNNER is not in a position to ship the goods without being at fault because BRUNNER’s supplier is not honouring its contractual obligations, BRUNNER has the right to rescind the contract. In this case the customer will be notified immediately of the fact that the ordered product is not available. Customer’s statutory rights remain unchanged.
3.3 If shipping to the customer cannot be effected because the customer is not met at the address indicated by customer although the time of delivery had been announced to the customer beforehand with reasonable notice, the customer will bear all costs incurred for unsuccessful shipping.
4. Right of revocation and obligation to return
4.1 The following provisions in point 4 concerning the right of revocation and the obligation to return, only apply to consumers as per Section 13 BGB (German Civil Code), i.e. to natural people who conclude a legal transaction for a purpose that is either not commercial or cannot be allocated to their independent professional activities.
4.2 The Customer has the right to revoke its contractual declaration (order) within fourteen days without stating a reason. The period of revocation is fourteen days from the date when the Customer, or a third party appointed by the Customer who is not the carrier, takes possession of the goods.
4.3 To assert the right of revocation, the Customer has to notify BRUNNER (Hans Brunner GmbH, Hans-Brunner-Str. 1, 85625 Glonn, tel.: +49(0)8093/9086-0, fax: +49(0)8093/9086-50, e-mail: firstname.lastname@example.org) of its decision to revoke the contractual declaration with a clear statement (e.g. by a letter sent by post, fax or e-mail).
The customer can use a sample revocation form for this, which BRUNNER has made available here Link for download; although this is not required.
4.4 To ensure the period of revocation is met, it is sufficient for the Customer to send a message about the assertion of the right of revocation before the expiry of the period of revocation.
4.5 Consequences of revocation. If the customer revokes its contractual declaration (order), BRUNNER has to reimburse all the payments received from the customer, including delivery costs (except for the extra costs incurred from the customer choosing a different kind of service than the standard delivery offered by BRUNNER), immediately and at the latest within fourteen days of the date when the revocation of the contractual declaration (order) is received by BRUNNER. For this repayment, BRUNNER shall the same form of payment that the Customer used for the original transaction, unless something else has been explicitly agreed between the Customer and BRUNNER; under no circumstances shall the customer incur any fees due to the repayment. BRUNNER can reject the repayment until BRUNNER receives the goods back or until the Customer has proved that it has sent the goods back, depending on which happens first. The Customer has to send back or hand-over the goods to BRUNNER immediately and in any event at least within fourteen days of the day on which it notified BRUNNER of the revocation of its contractual declaration (order). The period is deemed to be met if the Customer sends the goods before the expiry of the fourteen day term. The Customer shall bear the direct costs for returning the goods. The Customer only has to pay for any loss in value of the goods, if this loss in value is due to unnecessary handling of the goods in order to check their characteristics, qualities and functioning.
4.6 In the event of returns from countries with special customs conditions (e.g. Switzerland) the Customer has to ensure that the goods being returned have the proper customs declaration. Any processing fees for customs clearance as a result of an incorrectly declared return shall be invoiced to the Customer.
5. Prices, Shipping Costs, Methods of Payment
5.1 All prices are in EURO, include unless otherwise explicitly indicated legal VAT of currently 19%, and are exclusive of additional shipping costs. The price valid at the time the order is placed applies respectively.
5.2 In addition, independent of the price of the ordered goods, shipping costs of ¤ 5.50 flat (standard) or ¤ 14.50 (express) will become due within Germany. If the shipping address is located outside of the Federal Republic of Germany, BRUNNER will charge the shipping costs that will incur; this will be displayed on the order form, or a request for a quotation can be sent to BRUNNER. In case the shipping is effected in several steps for technical or logistic reasons, BRUNNER will charge the shipping costs only once. In justified cases BRUNNER may invoice a higher flat fee (package size, weight, etc.). This will be indicated accordingly.
5.3 The customer may only pay the purchase price by way of prepayment (bank transfer) or credit card. There are no other ways of payment.
6. Payment Date and Late Payment
6.1 The purchase price and the shipping costs are due within 10 days after receipt of the order confirmation (see above clause 2.1) without deductions. Shipping will be effected only after full settlement of the purchase price and the shipping costs.
6.2 In case the customer is in default with a payment, BRUNNER has the right to claim interest for default in the amount of 5 percentage points if the customer is a consumer, in other cases eight percentage points above the prime lending rate published by the European Central Bank per annum. In case BRUNNER incurs a provable loss due to the default that exceeds the above, BRUNNER has the right to claim losses in that amount.
The customer has a right to set off a claim only if his counterclaim is finally adjudicated or undisputed by BRUNNER. Further he is only allowed to exercise a right to retention only insofar as his counterclaim is based on the same contractual relationship.
8. Retention of Title
The title to the goods will remain with BRUNNER until the purchase price has been paid in full. Any resale, transfer of ownership by way of security, or similar transaction with regard to the goods to which title remains with BRUNNER, to the benefit of a third party is inadmissible.
9.1 In case the goods are defect at the time of passing of the risk, the customer can ask for subsequent performance by correction or by substitute delivery. In case the type of subsequent performance is disproportionate, BRUNNER has the right to choose the other type of subsequent performance. In case also this is disproportionate, or BRUNNER is not in the position to subsequent performance or performance is delayed beyond reasonable time periods, or subsequent performance fails in any other way, the customer may choose to either cancel the contract or ask for reduction of the purchase price.
9.2 Irrespective of the legal nature of the claim, BRUNNER does not assume liability exceeding what is stated above, insofar as it is based on slight negligence only.
9.3 This exclusion of liability does not apply in cases of a breach of a guarantee or a material contractual duty, or a violation of the Product Liability Code (Produkthaftungsgesetz) or an absence of a guaranteed condition of the goods. In the case of a breach of a material contractual duty, liability is limited to the typically foreseeable loss.
9.4 The exclusion of liability according to the above clause 9.2 and the limitation of liability according to the above clause 9.3 do not apply in cases of bodily injury, harm to health or life.
9.5 The above mentioned claims will become time barred two years after delivery of the goods, absent additional stipulations on warranties.
9.6 The above applies respectively to the limitation of the duty to reimburse for vain expenses (§ 284 BGB).
10. Screen Presentation
Any pictures used by BRUNNER for description of the goods are sample pictures. They do not depict the article lifelike in all instances, but shall serve the visualization. Depending on the screen used, especially colours and sizes may vary. Relevant is solely the description of the respective article.
11. Data Protection
11.1 By sending the order, the customer authorizes BRUNNER to process, save, analyse, and use the data received in connection with the contractual relationship according to the laws of data protection.
11.2 BRUNNER will treat customer’s personal data confidential and will not pass such to unauthorized third parties. For full processing of the order, BRUNNER co-operates with vendors to whom BRUNNER will transfer specific data (last name, first name, street) for execution of the order. The respective vendors render shipping and payment processing services (credit card, direct debit). BRUNNER further reserves to use data such as name, street number, zip code, or city, to arrange for liquidity examinations with credit agencies in single cases. The credit agencies are obliged to use the data only for the aforementioned purposes and not to transfer to third parties in any event.
11.3 Duration periods for saving the personal data are in accordance with the legal duties to preserve records, however such can extend under such duties according to commercial or tax laws to up to ten years.
11.4 The customer has a right to access and can at any time revoke his consent to the collection, use, processing, and transfer of his personal data for the future, or in cases of incorrectness or revocation of consent, to apply for blocking or deletion of the collected data by sending a respective message in written (email-message, Fax, letter) to Hans Brunner GmbH, Hans-Brunner-Str. 1, D-85625 Glonn, Fax-No. +49 (0)8093 / 90 86 50, email: email@example.com.
Data cannot be deleted as long as it is required for the processing of current contracts, especially for the purposes of payment or book-keeping, or in cases of a legal duty to preserve records.
11.5 Further, the customer is directed to the data protection rules that can be accessed at www.brunnershop.com/en/Data-Protection-Security
12. Data Security
12.1 Date, time, and duration of each of customer’s visit with BRUNNER’s websites as well as the server’s and the internet service provider’s IP-address will be saved alongside the respective data volume.
12.2 BRUNNER raises confidentiality and security levels of personal data by using the transferred data only for the use as stipulated by the customer and obliging all employees and vendors by contract to maintain discretion and to observe data secrecy.
12.3 To enhance external data security, BRUNNER to a reasonable extent uses security measures reflecting the current state of the art. BRUNNER e.g. uses a so called SSL-encryption with 256 BIT in respect of data the customer transfers to BRUNNER via the internet. This security level is regarded as secure according to the current state of knowledge and is supported by current browsers. BRUNNER recommends to the customer to update the browser used in case the currently used browser does not support this encryption. BRUNNER increases protection of its servers against unlawful external access by a so called firewall. In addition, servers are protected against unauthorized requests for data by several levels of verification for authorization and identification.
13. Posting of Cookies
When visiting BRUNNER’s websites, cookies are used. Cookies are small text data files that can be saved via a BRUNNER website on the customer’s computer. With the help of cookies, a website’s content can be personalized and a password-secure access realized. Additionally, analyzing the website’s use becomes feasible. Most of the cookies used by BRUNNER will be deleted from the customer’s server with termination of the browser-session (so called session-cookies, i.e. content of customer’s shopping cart). Other cookies will remain on the customer’s PC and enable BRUNNER to identify the PC with the customer’s following visit (so called permanent cookies, e.g. for new log-in to the account created by the customer). BRUNNER associated companies are not authorised to collect, process, or use personal data by the way of cookies via BRUNNER’s website. The customer is able to administer the acceptance of cookies and block cookies via his browser programme.
14.1 German Law, exclusive of the United Nations Convention on Contracts for the International Sale of Goods (CISG), is applicable.
14.2 Munich Courts shall bear the exclusive jurisdiction for all disputes in connection with a contract between BRUNNER and a customer, if later is a merchant, a corporate body organised under public law, constitutes separate assets under public law, or has no domestic place of general jurisdiction. In all other cases, the domicile or the seat of the defendant shall be the place of general jurisdiction.
14.3 By registering, the customer authorizes BRUNNER to use his personal data for the distribution of BRUNNER’s newsletter free of cost. This does not confer a right to its receipt, specifically BRUNNER may at any time limit or terminate its distribution. In case the customer does not wish to continue to receive the mailing, this can at any time be prevented by written message. The message shall be directed in written (email-messsage, Fax, letter) to Hans Brunner GmbH, Hans-Brunner-Str. 1, D-85625 Glonn, Fax-No.: +49(0)8093 / 90 86 50, email: firstname.lastname@example.org.
14.4 This English version of those General Terms is a translation of the German version of BRUNNER`s Allgemeine Geschäftsbedingungen and made for customer`s convenience only. The German version will always prevail.