TABLE OF CONTENTS
- Conclusion of contract
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects
- Applicable Law
- Dispute resolution
1. SCOPE OF APPLICATION
These general terms and conditions (hereinafter “GTC”) of Brothers in Arms GmbH (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the items presented by the seller in his online shop Concludes goods and / or services. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
These terms and conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
2. CONCLUSION OF CONTRACT
The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the seller by telephone, fax or email.
The customer will be informed of the receipt of the order by email. This order confirmation also represents the acceptance of the sales contract by the seller.
If the customer selects “PayPal Express” as the payment method during the online ordering process, they also issue a payment order to their payment service provider by clicking the button that concludes the ordering process. In this case, in deviation from Section 2.3, the seller already declares acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be called up free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.
Before placing a binding order via the seller’s online order form, the customer can continuously correct his entries using 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 contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the 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 third parties commissioned by the seller to process the order can be delivered.
When ordering alcoholic beverages, the customer confirms by submitting 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 is allowed to receive the goods.
3. RIGHT OF WITHDRAWAL
4. PRICES AND PAYMENT TERMS
Unless otherwise stated in the seller’s offer, the prices given are final prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may arise 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 money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
Various payment options are available to the customer, which are specified in the seller’s online shop.
If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
If the payment method delivery on account via BillSAFE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PayPal”) as the collector of the BillSAFE payment service. The payment method delivery on account requires a successful credit check by PayPal. If the customer is allowed to deliver on account after checking the creditworthiness, the processing of the payment takes place in cooperation with PayPal, to which the provider assigns his payment claim. In this case, the customer can only pay to PayPal with a debt-discharging effect. Even if the payment method delivery on account via BillSAFE is selected, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credits. In addition, the general terms and conditions of BillSAFE apply, which the customer can call up and must confirm during the ordering process.
If the payment method SEPA direct debit is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for prior information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
5. TERMS OF DELIVERY AND SHIPPING
The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller’s order processing is decisive. The delivery period is 7 working days, for shipments abroad 14 days, whereby working days are Monday to Friday, with the exception of public holidays. The delivery period begins on the day after your payment order has been issued, i.e. payment via PayPal, credit card or the transfer order to your bank has been issued. In the case of an invoice or installment purchase via Billsafe, the delivery period begins one day after the conclusion of your contract with Billsafe.
If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears 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 he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have.
In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6. RESERVATION OF TITLE
If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.
7. LIABILITY FOR DEFECTS
The statutory liability for defects applies.
8. APPLICABLE LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat 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 is based 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 above cases, however, the seller is always entitled to call the court at the customer’s registered office.
9. DISPUTE RESOLUTION
We always endeavor to resolve any differences of opinion arising from the contractual relationship in an amicable manner. However, we do not take part in proceedings at a state-recognized consumer arbitration board. The judges’ decision is always open.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at: www.ec.europa.eu/consumers/odr