1.1. These terms and conditions of the company "Braganza Christian Zwiesler" (hereinafter "seller") apply to all contracts that the customer concludes with the seller via the seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2. Customers within the meaning of section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. In contrast, an entrepreneur 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
2.1. The product presentations contained in the online shop of the seller are used for the submission of a legally binding offer by the customer.
2.2. The customer can submit the offer in writing, by fax, by e-mail or via the online order form integrated in the seller's online shop. When placing an order using the online order form, after entering his personal data and clicking the "Submit order now" button in the final step of the ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart. Before the binding order is submitted, all entries can be continuously corrected using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.
2.3. The seller will immediately confirm receipt of the customer's offer electronically (fax or email). The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order - for example after checking the customer's creditworthiness.
2.4. The order data is saved by the seller and can be called up by the customer via the password-protected customer account after submitting his order, provided that the customer has created a customer account in the seller's online shop before submitting his order. The order data will be sent to the customer in text form after the order has been sent. The same applies to the contractual provisions including these general terms and conditions and consumer information.
2.5. The order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing 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.
3. Return costs when exercising the right of withdrawal
If the customer has a right of revocation according to § 312d Paragraph 1 Clause 1 BGB, the regular costs of the return will be imposed on him when exercising the right of revocation if the price of the item to be returned does not exceed an amount of 40 euros or if the price of the item is higher the customer has not yet provided the consideration or a partial payment at the time of the revocation, unless the goods delivered do not correspond to the goods ordered. In all other cases the seller bears the costs of the return.
4. Prices and terms of payment
4.1. The prices quoted by the seller are final prices, i.e. they contain all price components, including the statutory German sales tax. Any additional delivery and shipping costs that may arise will be specified separately in the respective product presentation in the offer. Further costs are incurred in individual cases for cross-border deliveries, such as other taxes and / or charges, for example in the form of customs duties.
4.2. For deliveries within Germany and abroad, the seller offers the following payment options (advance payment), unless otherwise specified in the respective product description in the offer:
- Credit card
- Cash on delivery
4.3. If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.4. The customer is only entitled to offset if the counterclaim is undisputed, has been legally established or is ready for a decision.
4.5. The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
5. Delivery and shipping conditions and transfer of risk
5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, only the delivery address specified in the seller's order processing is decisive.
5.2. If delivery to the customer is not possible, the commissioned transport company sends the goods back to the seller, whereby the customer has to bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.
5.3. In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or a person authorized to receive them when they are handed over. If the customer is an entrepreneur (this is in the exercise of his commercial or independent professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration in the case of sale by mail is with the delivery of the goods at the seller's place of business to a suitable one Transport person over.
5.4. All agreed delivery deadlines apply to an entrepreneur, subject to correct and timely self-delivery in cases in which the seller has concluded a specific hedging transaction and is not responsible for the lack of availability.
6. Retention of title
The goods delivered by the seller remain the property of the seller until they have been paid for in full.
7. Liability for defects
If there is a defect in the purchased item, the statutory provisions apply. Deviating from this, the following applies:
7.1. For entrepreneurs, an insignificant defect does not justify any claims for defects. If the seller has the choice of the type of supplementary performance, the limitation period for defects for new goods is one year from the transfer of risk. If the rights and claims due to defects are fundamentally excluded in the case of used goods, the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
7.2. For consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods to the customer. for used goods, one year from delivery of the goods to the customer.
7.3. For entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected, the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and malicious concealment of a defect.
7.4. In addition, it applies to entrepreneurs and consumers that the above limitations of liability in Sections 7.1 and 7.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert due to defects in accordance with the statutory provisions. Clause 8 applies to these claims.
7.5. If the customer is a merchant i.S.d. § 1 of the German Commercial Code (HGB), the commercial inspection and complaint obligation according to § 377 of the German Commercial Code applies. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6. If the customer is a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
7.7. If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 30 days at the seller's expense. The return of the defective goods must take place in accordance with the statutory provisions.
7.8. The assignment of the customer's claims for defects is excluded.
8.1. The seller is fully liable for any legal reason in the event of injury to life, limb or health, in the event of willful intent or gross negligence, in the case of fraudulent intent and guarantee promises and if the liability is based on mandatory statutory provisions, such as the Product Liability Act.
8.2. In addition, the seller is liable for whatever legal reason as follows:
8.2.1. If the seller has negligently violated an essential contractual obligation (so-called cardinal obligation), the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage.
8.2.2. If the seller has negligently violated an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.
9. Applicable Law
9.1. 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.
9.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
9.3. the contract language is German