Table of Contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Special conditions for the processing of goods according to specific customer requirements
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of BRAND THAT REMAINS GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise regulated. Digital content within the meaning of these GTC is data created and provided in digital form.
1.3 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated.
1.4 For contracts for the delivery of tickets, these GTC apply accordingly, unless otherwise expressly regulated. These GTC only regulate the sale of tickets for specific events described in the Seller's product description and not the execution of these events. For the execution of the events, the statutory provisions in the relationship between the participant and the organizer as well as any deviating conditions of the organizer apply exclusively. Unless the Seller is also the organizer, the Seller is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.5 A consumer within the meaning of these GTC 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.
1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after their order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which helps to enlarge the display on the screen. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered via the payment service "Unzer", payment is processed via the payment service provider Unzer Group GmbH, Schöneberger Str. 21 a, 10963 Berlin, Germany (hereinafter: "Unzer"). The individual payment methods offered via Unzer will be communicated to the Customer in the Seller's online shop. To process payments, Unzer may use the services of third-party payment service providers, for which special payment terms may apply, to which the Customer will be pointed out separately if necessary. Further information on "Unzer" is available on the Internet at https://www.unzer.com
5) Delivery and shipping conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, carrier, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or the person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by e-mail
6) Retention of title
If the Seller provides advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, the rights for defects are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 The liability limitations and shortening of periods regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the Customer acts as a merchant in the sense of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply, this has no effect on their statutory or contractual defect claims.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal ground
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless there is unlimited liability in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The above liability regulations also apply to the Seller's liability for their vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer requirements
9.1 If, according to the content of the contract, the Seller also owes the processing of the goods according to specific requirements of the Customer in addition to the delivery of the goods, the Customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for the fact that they have the right to use the content provided to the Seller. In particular, the Customer ensures that no third-party rights are infringed by this, in particular copyrights, trademark rights, and personal rights.
9.2 The Customer indemnifies the Seller against claims by third parties that these may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. In this context, the Customer also assumes the necessary costs of legal defense, including all court and lawyer fees in the statutory amount. This does not apply if the infringement is not the fault of the Customer. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public policy. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8 The gift voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authority of the respective holder.
11) Applicable law
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has their registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
13) Alternative dispute resolution
The seller is neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.
