GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF BUSINESS
Brass Trail – www.brasstrail.de, www.brasstrail.com

 

Terms and conditions within the framework of sales contracts, which can be accessed via the homepage www.brasstrail.de

between

Michael Müller, Oberholz 3, 88138 Hergensweiler, Phone: +49 176 237 10534, E-Mail: info@brasstrail.de

– in the following “offerer” –

and the customers designated in § 2 of the contract – hereinafter referred to as “Customer” – – and

can be closed.

The contract language is German.

§ 1 Scope of application, definitions

  1. For the business relationship between the webshop provider (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

  2. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract

  1. The customer can select products from the provider’s range of products and collect them in a so-called shopping cart by clicking the button “Add to cart”. By clicking on the button “Buy now”, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the “Back Button” in the browser to get to the page on which his data has been collected. Input errors can be corrected here. The ordering process can be cancelled by closing the Internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button “I accept the general terms and conditions of business and delivery” and thereby included them in his application.

  2. The contract is concluded by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).

  3. The provider saves the text of the contract and sends the order data to the customer by e-mail. The AGB of the offerer can be seen by the customer at any time also under www.brasstrail.de/agb/.

    Past orders can be viewed in the customer area under “My account –> My orders”.

§ 3 Delivery, availability of goods

  1. If no copies of the product selected by the customer are available at the time of the customer’s order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. In this case a contract does not come off.

  2. If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In all other respects the offerer is also entitled to withdraw from the contract. In this case, the supplier will immediately refund any payments already made by the customer.

§ 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been received.

§ 5 Terms of payment

  1. The customer can pay by Paypal or by bank transfer.

  2. The customer can change the payment method stored in his user account at any time.

  3. The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case he shall pay the Provider default interest of 5 percentage points above the prime rate.

  4. The Customer’s obligation to pay default interest shall not exclude the Provider from asserting further damages caused by default.

§ 6 Warranty for material defects, guarantee

  1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for items delivered by the provider is 12 months.
  2. An additional guarantee for goods delivered by the supplier exists only if it is expressly stated in the order confirmation for the respective article.

§ 7 Liability

  1. Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of contract. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

  2. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.

  3. The limitations of paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.

  4. The regulations of the product liability law remain unaffected.

§ 8 Cancellation policy

Cancellation policy for the sale of digital content on non-physical data carriers

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must notify us (Brass Trail, represented by Michael Müller, Oberholz 3, 88138 Hergensweiler, Phone: +49 176 237 10534, E-Mail: info@brasstrail.de) inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

Cancellation policy for sale of goods

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of revocation, you must inform us (Brass Trail, represented by Michael Müller, Oberholz 3, 88138 Hergensweiler, phone: +49 176 237 10534, e-mail: info@brasstrail.de) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

The right of withdrawal does not apply to distance contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Right of revocation in case of partial delivery

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. In order to exercise your right of revocation, you must inform us (Brass Trail, represented by Michael Müller, Oberholz 3, 88138 Hergensweiler, Phone: +49 176 237 10534, E-Mail: info@brasstrail.de) by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of withdrawal does not apply to distance contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Hergensweiler, 2020

Online recall form

§ 9 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

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