Terms of service
Note on Language:
These General Terms and Conditions have been translated from German for informational purposes only. The German version shall be the sole legally binding version. In case of any discrepancy between the English translation and the German original, the German version shall prevail.
Only the German language is available for the conclusion of the contract (see clause 2.7).
Table of Contents
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Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Reservation of Proprietary Rights
Warranty for Defects
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of BRANDSSTOCK GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve as the basis for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or — if the Customer does not have a PayPal account — subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that is selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data will be archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.6 Before submitting the order in a binding manner via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct 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.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will take place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply and of which the Customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipment to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of shipping if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions set out in the Seller's cancellation policy shall apply in the event of the effective exercise of the right of withdrawal by the Customer.
5.3 Self-collection is not possible for logistical reasons.
6) Reservation of Proprietary Rights
If the Seller makes advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty for Defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 If the Customer acts as a consumer, they are requested to file a complaint with the deliverer regarding delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual warranty claims.
8) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties, 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 insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9) Place of Jurisdiction
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 Seller's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.