§ 1 Domain, Contracting Parties
(1) These general terms and conditions of business apply to all orders and deliveries of goods between brainLight GmbH Hauptstraße 52, 63773 Goldbach (hereafter: the supplier) and their customers in the version valid at the time of formation of the contract.
(2) These general terms and conditions of business are exclusive. Conditions of the customer opposing to or deviating from these general terms and conditions will not be recognized, unless the supplier has expressly agreed to it in writing in an individual case.
(3) For some of the following regulations it will be differentiated between the customer being a consumer in the sense of § 13 of the German Civil Code or a business in the sense of § 14, 1 of the German Civil Code. Regulations that differ for consumers and businesses will be differentiated in the text by referring to consumers (§ 13 German Civil Code) or businesses (§ 14, 1 German Civil Code). If the text refers exclusively to the ”customer“, the provision applies for both consumers and businesses.
§ 2 Conclusion of the Contract
(1) In submitting the completed order form, the customer makes a binding offer within the meaning of §§ 145 ff. of the German Civil Code for the conclusion of a purchase agreement with the supplier, which the customer is bound by for four weeks.
(2) The contract with the supplier comes into effect when the supplier accepts this offer by sending or delivering the ordered product to the customer or sending a separate order confirmation.
§ 3 Prices
The stated prices are given in Euros, either as net prices, meaning exclusive of VAT, or as gross prices, meaning inclusive of VAT. The delivery costs are listed separately.
§ 4 Delivery
(1) The time of delivery is individually arranged between the contracting parties. The supplier is hereby authorized to make part-deliveries and subservices, provided that this is deemed acceptable to the customer. If subservices are carried out by the supplier, the supplier absorbs the additional delivery costs.
(2) If the customer is a consumer, the supplier bears the transportation risk. In all remaining cases, already with delivery the risk of accidental loss or damage of the goods, as well as the risk of delay of the delivery is borne by the shipping company, carrier or the person appointed to deliver the goods.
(3) If the supplier is not in a position to deliver the ordered goods, without any fault of their own, but because their subcontractor does not fulfill their contractual obligations, the supplier is entitled to cancel the contract with the customer. This right to withdraw, however, only stands if the user has completed a congruent hedging transaction (mandatory, timely and sufficient ordering of the goods) with the concerned supplier, and if the non-delivery of the good has also not been represented in any other way. In such a case, the user immediately informs the customer that the ordered good is not available. Any payments already made by the customer are refunded without undue delay.
(4) If the user is unable to fulfill their delivery obligation due to unforeseen events, such as war, natural disasters, strikes and acts of nature, and could also not avoid this with reasonable care under the circumstances, the delivery date is extended appropriately. The user will also immediately inform the customer about this. The statutory rights of the customer remain unaffected.
§ 5 Reservation of Proprietary Rights
The good remains property of the user until the full payment of the purchase price. Before exchange of ownership, neither a pledge, chattel mortgage, modification or alteration are permitted without consent of the customer. The customer must inform the user in writing immediately if and when third parties have access to the goods.
§ 6 Payment Conditions
(1) The customer can choose to pay in advance (transfer), upon delivery or by direct debit.
(2) The purchase price and any applicable shipping costs are due upon conclusion of the contract.
§ 7 Cancellation
Provided the customer is a consumer and it is a distance contract pursuant to § 312b BGB, which is the case if the contract is finalized exclusively under means of distance communication (including letters, catalogues, telephone calls, fax, emails, as well as radio and television and media services), they can withdraw the contract as follows:
Right of Withdrawal
You can cancel your contract in writing (e.g. letter, fax, email) without reason within 14 days or – if the good is with you before the deadline – also by returning the good back. The period of time begins after receipt of this instruction in the form of text, however not before the arrival of the good with the recipient (in the case of recurring deliveries of similar goods, not before arrival of the first part-delivery) and also not before fulfilling our information obligations pursuant to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations according to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with article 246 § 3 EGBGB (Introductory Act to the German Civil Code). Adherence to the cancellation period allows for the timely dispatch of the good that is to be returned.
The return must be sent to:
Fax: +49 06021 540997
Consequences of Cancellation:
In the case of a valid cancellation, good or services received by either party and derived benefits (e.g. interest), if applicable, must be returned. If you are unable to return or reimburse, or partly return or reimburse the received goods and benefits (e.g. advantages of use), or if you can only return them in a deteriorated condition, you are required to pay us compensation. You must only pay compensation for the deterioration of goods and derived benefits to the extent, which is evaluated through the assessment of the properties and the functioning thereof. The „assessment of the properties and functioning“ refers to the testing and trial of the respective goods, as if it were feasible and accepted in a retail store. Parcels that must be sent by post are to be returned at our risk. You must pay the regular costs of the return package, if the delivered good corresponds to the ordered one and if the price of the returned good does not exceed 40 Euros; or if you have not yet paid compensation or contractually agreed part payment at the time when the price exceeds this limit. In any other case, the return is free for you. Goods that cannot be sent in the post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. This period begins when you send your cancellation declaration or the good, and for us upon receiving this.
The right to cancellation does not apply to long distance contracts
- For the delivery of audio and video recordings or software that have already been unsealed by the consumer.
- For the delivery of goods that were customized specifically for the customer or tailored for personal needs.
End of cancellation policy.
§ 8 Allocation of costs for the return within your right to cancellation, information regarding the reverse transaction, withdrawal
(1) In order to exercise your entitled right to cancellation in accordance with the cancellation policy, you must bear the regular costs of the return if the delivered good corresponds to the ordered one, and if the price of the returned good does not exceed 40 Euros. Furthermore, if you have not yet paid compensation or contractually agreed part payment at the time when the price exceeds this limit. In any other case, the return is free for you.
(2) The user asks the customer to give notice before sending the return by calling 0049 6021 / 5907–0. This allows the fastest possible allocation of the products and a rapid reversal of the order. Compliance with this request is not a requirement for the effective exercise of the right to cancellation.
(3) The parties are entitled to the statutory right to withdraw. Additionally, the user must point out, that the customer has no right to withdrawal or cancellation if the contract was finalized in the course of a commercial exhibition.
§ 9 Liability for Faulty Goods and Warranty
(1) The user will guarantee a warranty of twenty-four months to consumers for defects that are present at the handover and twelve months respectively to businesses.
(2) In relation to the sale of used goods, the user applies a warranty period of twelve months to consumers and six months to businesses.
(3) Warranty rights of the customer, as a business, assume that they have met their obligations in accordance with § 377 HGB of examination and notification in writing without delay.
(4) However, if it is determined that a request by the customer for the rectification of a defect good is unjustified, the user can request reimbursement of the hereby costs incurred from the customer.
§ 10 Damage in Transit
(1) If the customer notices, as a consumer, obvious damage upon delivery, the user asks the customer to complain immediately to the mail carrier and contact the user as soon as possible through the telephone number 00 49 6021/5907–0. An information sheet regarding this is included with every delivery. The legal rights of the consumer are not affected by this. However, it facilitates the user to enforce their claims against the contracted delivery company.
(2) Statutory regulations apply to customers who are businesses.
§ 11 Liability
(1) The user has unlimited liability for deliberate or grossly negligent damage, fraudulent concealment of defects, or by the acceptance of a guarantee of quality as well as personal injury.
(2) For other damages that are caused by simple negligence, the user is only liable if an obligation is violated, whereby the compliance of the purpose of the contract is of particular importance (cardinal obligation) and whether the damages are typical and predictable in relation to the contractual use of the good. If the liability is excluded or limited by the user, this also applies to the personal liability of employees, representatives and agents of the user.
(3) A liability under the product liability law remains unaffected.
(4) If the user provides information or offers advice and this information or advice is not part of their contractually agreed specification, this is done free of charge and to the exclusion of any liability.
§ 12 Batteries
Many of our products contain rechargeable and non-rechargeable batteries. According to the battery law (BattG), we are obligated to inform our customers about the following rules and regulations:
The chemical components of batteries may be hazardous to the environment and health if not properly stored and disposed of. To avoid damaging effects on health and the environment, used batteries must be collected and recycled separately from household waste. Do not throw batteries in the waste basket along with other household waste.
As a consumer, you are legally required to return or properly dispose of all used batteries (rechargeable and non-rechargeable). You can drop off your used batteries at a public collection station or retailer in your area free of charge.
This symbol means that the battery may not be disposed of with the household waste due to its hazardous chemical content. Additional symbols with the following meanings may also appear on the battery:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury
§ 13 Final Provisions
(1) German law is applicable to the parties’ contractual relationships, excluding both reference to private international law and the UN convention of contracts for the international sale of goods (CISG).
(2) Place of fulfillment/delivery and jurisdiction for all obligations of the parties under the contract is, as permitted by the law, the place of residence of the user.
(3) Subsidiary agreements are not to be made. Changes or additions to the contract shall be in written form. The same applies to the repeal of this written clause.
(4) Should individual clauses in this contract prove to be wholly or partially invalid, this does not affect the validity of the remaining clauses. The parties commit themselves to replace the invalid clauses with those that most closely reflect the economic intent.