GENERAL TERMS AND CONDITIONS
Article 1 – GENERAL
1.1 The following general terms and conditions ("GTC") of BrandBrandNew GmbH, Bouchéstraße 12A , 12435 Berlin, Germany, (AG Berlin Charlottenburg HRB 223923) ("BBN") apply to all contracts for the purchase and delivery of Products (as defined below) that a consumer in Germany, are located in another member state of the European Union (EU), the United Kingdom, Norway, Iceland or Switzerland (individually "Customer") with BBN via the website (“Website”) concludes.
Orders from other countries are possible in principle, but the delivery area is limited to Germany, another EU member state, the United Kingdom, Norway, Iceland and Switzerland, which means no deliveries outside of the country mentioned area. However, the product can always be picked up at BBN's headquarters.
1.2 "Products" are the products developed by BBN along with accessories that purchased via the online shop of the website ;can be.
1.3 The inclusion of the customer's own general terms and conditions or other conditions is hereby contradicted, ie such conditions do not apply, even if BBN was aware of them and a purchase is made. In order to apply, BBN must expressly agree to such provisions in writing.
1.4 BBN's offer is aimed exclusively at adults. BBN does not offer goods for purchase by minors. This also applies to any products for minors. By placing the order, the customer also confirms that they are of legal age.
Article 2 – PURPOSE AND SCOPE
2.1 The purpose of these General Terms and Conditions is to establish the conditions for purchases and sales at a distance between BBN, on the one hand, and the Customer, on the other hand. They apply to every order of products that a customer places on the website ("Order"), in the version valid at the time of the order.
2.2 The General Terms and Conditions are made available to customers on the website, where they can be consulted directly and, upon request, also communicated by email or by post.
2.3 The General Terms and Conditions are enforceable against the Customer, who confirms that he has read and accepted them before placing the order by checking a designated checkbox during the ordering process on the Website. Confirmation of the order by its confirmation constitutes the acceptance by the customer of the General Conditions of Sale in force on the day of the order.
2.4 The customer is advised to download the Terms and Conditions from the website when placing an order. The Company reserves the right to change the Terms and Conditions at any time.
Article 3 – PRODUCTS; SPECIAL REGULATIONS FOR “HEATLE”
3.1 Offers and descriptions, including product descriptions on the website in brochures, advertisements, brochures and other advertising materials are subject to change - including with regard to price information.
3.2 SPECIAL REGULATIONS FOR “HEATLE”
3.2.1 Development, sale and production of the product "Heatle":
The products are nevertheless described and presented by BBN with the greatest possible accuracy. BBN accepts orders from customers and accepts them within the framework of these General Terms and Conditions; the customer buys and pays for the “Heatle” product in advance immediately after purchase.
The batch sold in or from November 2023 will be delivered within a maximum of seven (7) weeks from the date of purchase (see also Article 7 - Delivery below).
3.2.2 Cancellation of the order by the customer and refund of the purchase price
BBN offers the customer a separate right of withdrawal with regard to the “Heatle” product as follows: The customer can withdraw at any time after ordering and upon expiry of the statutory withdrawal period without giving reasons. The Wid
3.2.3 termination of development or production; Resignation by BBN
The customer is aware and accepts that the product "Heatle" or accessories declared accordingly when ordering may not be available for immediate delivery or may not be in stock and may be manufactured later after the transaction has been completed.< /p>
BBN can therefore withdraw from the contract with the customer at any time, regardless of the reason, e.g. if the scientific or economic circumstances of development or production develop to the detriment of the product or BBN, unexpectedly high or more expensive production costs occur or other things Circumstances arise that make the further development, production, sale or delivery or pursuit of the "Heatle" project as a whole appear disproportionate from BBN's perspective.
3.2.4 In the event of a revocation or withdrawal according to the above regulations, whether by the customer or by BBN, BBN will ensure that all amounts paid are refunded to the customer as quickly as possible, but at the latest within one (1) month.
3.3 Availability of products
As part of the sale and in the course of the contractual relationship, the customer will be informed in particular:
- That the ordered product is not in stock on the day of the order;
- That certain delivery times apply to these orders in accordance with Article 7.2 of these General Terms and Conditions.
Article 4 – CONCLUSION OF THE CONTRACT; ORDERING PRODUCTS ON THE WEBSITE
4.1 Conclusion of contract – To place an order, the customer fills his virtual shopping cart with the selected products and the desired quantities, then clicks on the “Continue to checkout” button and provides information about delivery and payment method.
Before clicking on the “Confirm Order” button, the customer can check the details of his order and its total price and return to the previous pages to correct any errors or possibly change his order.
Confirmation of the order also requires acceptance of the General Terms and Conditions and is part of the contract with the customer.
An email confirming receipt of the order and its payment will be sent by the company as soon as possible.
4.2 Change to the order – Any change to the order made by the Customer after confirmation of his order is subject to acceptance by the Company, unless otherwise provided for, for example in Article 3.2.2. The company reserves the right to make changes to the ordered product.
4.3 Order Validation – The Company reserves the right to reject orders for legitimate reasons.
4.4 The purchase contract is concluded when the customer sends confirmation of his order via the “Confirm order” button.
4.5 BBN archives messages, orders and invoices in accordance with legal requirements.
Article 5 – RIGHT OF WITHDRAWAL FOR CONSUMERS
Consumers have a statutory right of withdrawal after receiving the goods. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).
Right of withdrawal
You have the right to cancel this contract within fourteen (14) days of receipt of the goods without giving any reason. For orders placed between November 22nd, 2023 and December 22nd, 2023, BBN will voluntarily grant an extended cancellation period of twenty-one (21) days. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, a fax or an email). You can use the attached cancellation form, although this is not mandatory.
To meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires. The revocation must be sent to:
By post: BrandBrandNew GmbH, Bouchéstr. 12A, 12435 Berlin
By email: email@example.com
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs arising from you choosing a method of delivery other than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen (14) days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen (14) days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen (14) days has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
The right of withdrawal does not apply to contracts:
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive (goods according to customer specifications) or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- In the case of distance selling contracts for the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by the consumer;
- when taking out magazine subscriptions, provided the value of the subscription does not exceed EUR 200, as well as when delivering individual newspapers, magazines and magazines.
- The right of withdrawal expires prematurely for contracts:
- for the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
- In the case of distance selling contracts for the delivery of sound or video recordings or software, provided that the data carriers were delivered in a sealed package and the seal was removed after delivery.
– End of the statutory cancellation policy –
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Cancellation form: If you want to cancel the contract, please fill out the sample form below and send it back to us. (*) Please delete anything that is not applicable.
By post: BrandBrandNew GmbH, Bouchéstr. 12A, 12435 Berlin
By email: firstname.lastname@example.org
Dear ladies and gentlemen,
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)< /p>
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Date / signature of the consumer(s) (only for paper notification)
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Article 6 – PRICES  ;
6.1 All prices stated are subject to change. The prices are stated in euros and include statutory sales tax. The selling price of the product is that valid on the day of the order.
6.2 Any additional delivery and shipping costs that may arise are not included in the prices and will be communicated to the customer separately.
For deliveries to countries outside the EU, additional costs may arise in individual cases that must be borne by the customer (e.g. exchange rate or transfer fees, taxes, import duties, customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the EU, but the customer makes the payment from a country outside the EU.
6.3 The total amount will be indicated in the order summary before the Customer accepts these Terms and Conditions, validates his order, provides and validates his delivery and invoice details and vouchers, if applicable, and proceeds with payment. Subject to the provisions of Article 6.2, this total amount is usually stated with all taxes and shipping costs included.
6.4 The order for the products on the website must be paid in full in euros on the day of the order. If full payment is not received, an order cannot be considered.
6.5 The Customer guarantees to the Company that he has the necessary authorizations to use the payment method chosen when placing the order.
6.6 The Company reserves the right to suspend or cancel the execution and / or delivery of an order, regardless of the nature and extent of execution, in the event of default or partial payment of any amount that the Customer may owe to the Company in the event of a payment incident or in the event of fraud or attempted fraud in connection with the use of the website and the payment of an order.
Article 7 – DELIVERY
7.1 The products offered on the website can be delivered throughout Germany as well as to other member states of the EU as well as to Norway, Iceland, the United Kingdom and Switzerland, but no deliveries can be made outside of the said area. However, the product can always be picked up at BBN's headquarters.
7.2 For orders placed as part of the November 2023 sale for the “Heatle” product, the company undertakes to deliver its products within a maximum of 7 weeks from the date of purchase. By accepting the General Conditions of Sale, the customer confirms that he has been informed that some products ordered, in particular the Classic and Premium sets as well as some accessories, are not in stock. BBN endeavors to adhere to the delivery times stated in the shop.
7.3 The customer will be informed about his shipment by email as soon as his order is available for delivery. The ordered products will be delivered to the delivery address specified by the customer when ordering.
The customer must ensure that the information provided is correct and remains so until full delivery of the ordered products.
The Customer therefore undertakes to immediately inform the Company of any changes in billing and delivery details that may occur between the order and delivery by sending an email to the following address: email@example.com in the the customer explains the changes in a way that BBN can understand.
Any consequences resulting from violations of this obligation to cooperate will be borne by the customer, in particular delays, delivery errors or additional delivery costs.
The company will also not be liable if the non-receipt of the products is due to the act of a third party outside its intervention or in the event of theft.
In the event of a return of the order due to the absence of the customer, the company's customer service will contact the customer for a second delivery at the customer's expense.
7.4 If the ordered product is not delivered within the deadlines provided for in the General Terms and Conditions, the Customer, after unsuccessfully requesting the Company to fulfill its delivery obligation within a reasonable additional period, may terminate the contract in writing.
The delivery is generally carried out by and at the risk of the company, unless the customer has specified the freight forwarder; then delivery takes place at the risk and peril of the customer.
Article 8 – OTHER OBLIGATIONS OF THE CUSTOMER
8.1 Before putting a product into operation, the customer is obliged to take note of the product and operating information supplied with a product ;and to be followed, in particular this applies to the instructions for use as well as any danger warnings.
8.2 The customer will only use the website for his personal use and to the legal extent. In particular, the customer undertakes not to:
- Use the Website in any illegal way, for any illegal purpose or in a manner inconsistent with these Terms and Conditions;
- Sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or any part of the content appearing on the Website, or decompile, reverse engineer, disassemble, modify, display in a readable form, attempt to discover or use any source code, or use any software that enables or comprises all or part of the Website;
- attempt to gain unauthorized access to the Website's computer system or engage in any activity that affects the quality, performance or functionality of the Website;
- Use the Website for any unauthorized purpose by intentionally introducing viruses or other harmful programs and attempting to gain unauthorized access to the Website.
- Infringe and/or sell and/or attempt to resell the Company's intellectual property rights.
- Disparage the Website and/or the Products and the Company on social networks and other means of communication.
Article 9 – LIABILITY FOR DEFECTS, TESTING OF THE PRODUCT
9.1 If, contrary to expectations, one of the products is defective, the provisions of statutory liability for defects apply.
9.2 The customer should check the product and its packaging immediately upon receipt. If the customer is a consumer (§ 13 BGB), with regard to delivered products with obvious transport damage, they should complain directly to the freight forwarder and inform BBN of this. If the customer does not comply with this, this will have no impact on any claims for defects.
9.3.1 BBN is liable without limitation if the damage was caused intentionally or through gross negligence by BBN or a vicarious agent.
9.3.2 BBN is also liable for any negligent breach of an essential contractual obligation (cardinal obligations). Essential contractual obligations are those whose violation jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. In this case, however, BBN is only liable for typically foreseeable damage. BBN is not liable for other negligent injuries. These limitations of liability also apply to employees, representatives and vicarious agents of BBN.
9.3.3 The limitations of liability stated in Section 9.3.2 above do not apply in the event of injury to health, body, limb or life, for a defect after a corresponding guarantee has been given for the quality or in the case of a fraudulently concealed defect or liability under the Product Liability Act.
Article 10 – INTELLECTUAL PROPERTY RIGHTS
10.1 The use of the name and trademark “BrandBrandNew”, the name and trademark “Heatle”, the logos, the designs and models, the stylized letters, the figurative marks and all characters presented on this website is reserved exclusively by the Company.
10.2 Downloading or copying items from this website does not give you any title or rights to the items or software. The Customer is strictly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting anything from this website and the elements and software contained therein add to, modify or perform work based on this website, its elements or the software or sell or participate in a sale of anything in connection with this website, the elements of this website or any associated software.
10.3 Any use by the Customer of the Company's corporate names, trademarks and separate signs is strictly prohibited unless expressly and previously agreed in writing by the Company.
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Article 11 – Force Majeure
11.1. Force Majeure means the occurrence of an event or circumstance that prevents a party from fulfilling one or more obligations to fulfill the contract ("Obstacle") if and to the extent that the party affected by the obstacle proves that (i) this obstacle is beyond its reasonable control; and (ii) it was not reasonably foreseeable at the time the contract was made; and (iii) the effects of the obstacle could not have been reasonably avoided or overcome by the affected party.
11.2 Unless proven otherwise, the following events affecting a Party shall be presumed to satisfy the requirements of Article 11.1: (i) war (declared or undeclared), hostilities, attack, acts of foreign enemies, large-scale military mobilization; (ii) civil war, riot, rebellion, revolution, military or other seizure of power, insurrection, act of terrorism, sabotage or piracy; (iii) currency and trade restrictions, embargoes, sanctions; (iv) legal or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalization; (v) plague, pandemic, epidemic, natural disaster or extreme natural event; (vi) explosion, fire, destruction of equipment; prolonged outage of transportation, telecommunications, information systems or energy; (vii) general labor unrest such as boycotts, strikes and lockouts, go-slow strikes, occupation of factories and buildings.
11.3 A party who successfully invokes this Article 11 is, from the moment the impediment makes it impossible for him to perform the service, released from his obligation to fulfill his contractual obligations and from any obligation to pay damages or from any other contractual remedy for breach of contract ; provided this is communicated immediately. If notification is not made immediately, the exemption will take effect from the time the notification reaches the other party. If the effect of the alleged obstacle or event is temporary, the consequences just set out will only apply as long as the alleged obstacle prevents the performance of the contract by the affected party. If the duration of the alleged impediment results in the contracting parties being significantly deprived of what they could legitimately expect under the contract, each party has the right to terminate the contract by notifying the other party within a reasonable period of time . Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 120 days.
Article 12 – OTHER PROVISIONS
12.1. These General Terms and Conditions are made available to customers in German and English. Both language versions are effective. If there are contradictions between the two, the German version applies.
12.2 Should one or more of the above provisions be or become ineffective, the effectiveness of the remaining provisions will not be affected. The ineffective provision must be replaced by an effective one that achieves the economic purpose it pursues as far as possible. § 139 BGB does not apply.
12.3 These General Terms and Conditions are subject to and interpreted in accordance with the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and any conflict of law provisions. For 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 foreign country in which the consumer has his or her habitual residence.
12.4 The place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions is Berlin, Germany.
12.5 No out-of-court dispute resolution before a consumer arbitration board. BBN is neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board. < u>Background: The European Commission provides an online platform for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved at the following address: https://ec.europa.eu/consumers/odr/ ready. This one Proceedings submits BBN is not .< br >