General terms and Conditions
General terms and conditions
The general terms and conditions regulate the conclusion of the contract, obligations of brainshirt and the user and the handling of the contracts concluded between the user and the online shop.
Subject of the general terms and conditions:
Subject of the general terms and conditions is the regulation of the contractual conditions for all contracts of brainshirt online (provider) with the user of the shop (user), which are concluded through the online shop. In each case the general trading conditions apply in the version valid at the time of the conclusion of the contract.
Conclusion of the contract:
The offers of the online shop are non-binding. By clicking on the order button, the user bindingly declares to the provider that he wishes to purchase the contents of the shopping basket. The contract is concluded when the order confirmation of the provider is sent. The order confirmation is sent to the user immediately after clicking the order button. The contract is concluded with it.
Duty to inform:
1 The user is obliged to provide truthful information during registration. If data of the customer change, in particular name, address, e-mail address, telephone number, bank account, the user is obliged to inform the provider of this change immediately by changing the information in the online shop.
2. if the user omits this information or gives false data from the outset, in particular a false e-mail address, then the offerer can withdraw from the contract, as far as a contract came off. The resignation is explained in writing. The written form is also guaranteed by sending an e-mail.
3 The provider sends the customer an e-mail with the customer information to the e-mail address given by the user during registration immediately after the conclusion of the contract.
4 The user commits himself to inform the provider immediately:
premium [at] brainshirt.eu if this e-mail has not reached him within 4 hours after conclusion of the contract.
5. the customer has to take care that the e-mail account he has indicated is reachable from the time of the statement and that the receipt of e-mail messages is not excluded due to forwarding, closure or overfilling of the e-mail account.
6 The incorrectness of the information is assumed if an e-mail addressed to the user is returned three times in succession, or if the service cannot be provided due to an incorrect address.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.
In order to exercise your right of withdrawal, you must inform A7 Consulting Group, Florengasse 24, 36043 Fulda, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
You must return or deliver the Goods to us or to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their condition, properties and functionality.
Password; Secrecy; Loss:
1. to order goods, the user must provide the data necessary for the execution of the order.
Delivery of the goods:
1) The order will be processed immediately after its receipt by the supplier. Delivery of the existing stock goods (green marking) will take place immediately. For custom-made products or red marking, please inquire the delivery time. Delivery dates are always subject to the proviso that the supplier himself is supplied on time and are therefore non-binding. Claims for damages in connection with a delay in delivery are generally excluded, unless there is gross negligence.
2. with the delivery of the goods to the delivery company, the provider has fulfilled his obligation and the risk passes to the user.
3. if the user is not findable under the address indicated by him, then the user comes in delay with the acceptance of the achievement. He has to replace the offerer then the additional expenditures resulted from the futile journey.
4 The offerer does not need to furnish the promised service any longer and can withdraw from the contract, if the user was not to be found despite written agreement of a date twice consecutively.
The supply of the customers takes place on calculation.
Packaging and shipping costs:
1. the offerer demands usually flat-rate forwarding expenses of 5.90 EUR per order.
2 Partial deliveries are free of shipping costs for the customer.
3. 12,50 EUR will be charged as shipping costs for the delivery of goods abroad within the EU. Outside the EU 25 EUR.
4. no partial deliveries are made abroad.
Reservation of title:
The delivered goods remain the property of the supplier until full payment of the purchase price, regardless of the expiry of the withdrawal period.
1. the guarantee follows the legal regulations with the proviso of the following regulations.
2 The user is obliged to check the received goods immediately for obvious defects. If he finds obvious errors, he must immediately inform the provider. If he fails to do so, he can no longer assert any warranty claims against the provider because of these errors.
3 The offerer is not responsible for errors, whose occurrence were caused by the user. This also applies to normal wear and tear.
4 In the case of a lack of the commodity the offerer is entitled after its choice to the subsequent delivery or rework. If the subsequent improvement finally fails or if the subsequently delivered goods are also defective, the user can demand return of the goods against reimbursement of the agreed price or reduction of the purchase price.
The provider is liable without limitation for intent and gross negligence of his employees, legal representatives and executives.
2 An assurance of characteristics for goods or services does not exist. The description of the goods and services does not represent an assurance of properties. The offerer assures in all other respects also in the on-line Shop no characteristics.
3 He is liable for slight negligence only if an essential contractual obligation for the achievement of the contract goal and the fulfillment of the contract purpose was violated (cardinal obligation).
4 The product liability law remains unaffected.
5 The above provisions shall also apply to vicarious agents of the Provider.
Notice according to Packaging Ordinance:
With regard to the sales packaging filled with goods for the first time by us and delivered to private end consumers, our company has joined the Dual System für Verkaufsverpackungen Friedrich Bähr GmbH&Co KG to ensure the fulfilment of our statutory obligations in accordance with § 6 VerpackV. Further information can be found at www.baehr-verpackung.de , at Zentek GmbH & Co KG or from us on 0661-8697760.
1) The provider only collects data from the user without the user's consent which is necessary for the execution of the order and the execution of the contract. He uses the data provided by the user only for the purposes to which the user has consented.
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Deviating conditions of the customer:
In the event that the customer uses his own general terms and conditions which deviate from these general terms and conditions in terms of content, the provider's general terms and conditions shall apply exclusively.