General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment terms
7. Retention of title
8. Warranty and guarantee for material defects
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope
1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between BRENNLUST, owner: Andrea Koch, Leonhardstr. 3, 78333 Stockach (hereinafter "Seller") and the customer (hereinafter "Customer").
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 AM to 6:00 PM by phone at 07771 6009139 or by email at info@brennlust.de.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).
1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's product range without obligation and collect them in a so-called shopping cart by clicking the "Add to cart" button. Within the shopping cart, the product selection can be changed, for example, deleted. The customer can then proceed to complete the order process by clicking the "Continue to checkout" button within the shopping cart.
3.2. By clicking the "Order with payment" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and review the data at any time, return to the shopping cart using the browser's "back" function, or cancel the order process entirely. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days, or has confirmed shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice, or when the seller requests payment from the customer after conclusion of the contract (e.g. PayPal). If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first.

4. Prices and shipping costs
4.1. All prices stated on the Seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods
5.1. Delivery times can be found in the respective offer.
5.2. Should delivery of the goods fail due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
6.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay statutory default interest.
6.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.

7. Retention of title
The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

8. Warranty and guarantee for material defects
8.1. The warranty is determined in accordance with statutory provisions.
8.2. A guarantee for goods delivered by the Seller only exists if this has been expressly stated. Customers will be informed of the guarantee conditions before initiating the order process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.
9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller is only liable for foreseeable, contract-typical damages. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. Clause 9.2 remains unaffected.
9.4. The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
10.2. The seller will also send the customer an order confirmation containing all order details to the email address provided by the customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, delivery, and payment terms. If you have registered with our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available online.

11. Final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law and no exclusive place of jurisdiction has been established for the dispute.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/ . We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.