Table of contents
- 1. Scope
- 2. Conclusion of contract
- 3. Right of withdrawal
- 4. Prices and terms of payment
- 5. Delivery and shipping conditions
- 6. Retention of title
- 7. Liability for defects
- 8. Applicable law
- 9. Dispute resolution
These General Terms and Conditions (hereinafter "GTC") of Brothers in Arms GmbH (hereinafter "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
These GTC shall apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2. Conclusion of contract
The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax or e-mail.
The customer will be informed about the receipt of the order by e-mail. This order confirmation also represents the acceptance of the purchase contract by the seller at the same time.
If the customer selects "PayPal Express" as a payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, the Seller declares, notwithstanding section 2.3, the acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.
When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via its password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting its order.
Before binding submission of the order via the online order form of the seller, the customer can continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
Only the German language is available for the conclusion of the contract.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate 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 to process the order can be delivered.
When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him may receive the goods.
3. Right of withdrawal
Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the seller's cancellation policy.
4. Prices and terms of payment
Unless otherwise stated in the Seller's offer, the prices quoted are final prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
In the case of deliveries to countries outside the European Union, further costs may be incurred 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 the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
The customer has several payment options available, which are indicated in the seller's online store.
The customer has several payment options available, which are indicated in the seller's online store. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
When selecting the payment method delivery on account via BillSAFE, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter "PayPal") as the operator of the payment service BillSAFE. The payment method delivery on account requires a successful credit check by PayPal. If the customer is allowed delivery on account after a credit check, the payment is processed in cooperation with PayPal, to which the provider assigns his payment claim. In this case, the customer can only pay PayPal with debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method delivery on account via BillSAFE is selected. In addition, the General Terms and Conditions of BillSAFE apply in this respect, which the customer can call up and must confirm as part of the ordering process.
If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
5. Delivery and shipping conditions
The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. The delivery period is 7 working days, in case of shipment abroad 14 days, where working days are considered to be Monday to Friday, excluding public holidays. The delivery period starts on the day after you have given your payment order, i.e. payment via Paypal, credit card or giving the transfer order to your bank. In the case of an invoice or installment purchase through Billsafe, the term of delivery begins one day after the conclusion of your contract with Billsafe.
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service.
In case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
6. Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects
The statutory liability for defects applies.
8. Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
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 shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.
We shall always endeavor to settle any disagreements arising from the contractual relationship in an amicable manner. However, we do not participate in proceedings at a state-approved consumer arbitration board. Legal recourse is open at all times.
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at: www.ec.europa.eu/consumers/odr.