Terms of service

General Terms and Conditions with Customer Information

1. Scope of Application
2. Offers and Service Descriptions
3. Order Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Availability of Goods
6. Payment Terms
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope
1.1. The business relationship between BRENNLUST, owner: Andrea Koch, Leonhardstr. 3, 78333 Stockach (hereinafter referred to as the ‘Seller’) and the customer (hereinafter referred to as the ‘Customer’) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can contact our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. at the telephone number 07771 6009139 and by email at info@brennlust.de.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity

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

3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping basket by clicking on the ‘Add to basket’ button. The product selection can be changed within the shopping basket, e.g. deleted. The customer can then proceed to the checkout within the shopping basket by clicking on the ‘Proceed to checkout’ button.
3.2. By clicking on the ‘Place order’ button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser's ‘back’ function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, which lists the customer's order 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 the ordered product to the customer within 2 days, handed it over or confirmed the 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 above alternatives apply, the contract is concluded at the point in time when one of the above 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 prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods
5.1. Delivery times are specified in the respective offer.
5.2. If delivery of the goods fails through the fault of the buyer 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, offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller shall immediately refund any payments already made by the customer.
5.4. Customers shall be informed about delivery times and delivery restrictions (e.g. restrictions on 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 are 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-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.

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

8. Warranty for material defects and guarantee
8.1. The warranty is determined in accordance with statutory provisions.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the guarantee conditions before the order process is initiated.

9. Liability
9.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability apply to the seller's liability for damages.
9.2. The seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for this type of contract. The Seller shall not be 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 shall not apply in the event of injury to life, limb or health, for a defect after assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer can print out the contract text before placing the order with the seller by using the print function of their browser in the last step of the order process.
10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions, together with the cancellation policy and information on shipping costs, delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11. Final provisions
11.1. The place of jurisdiction and performance is 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 not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.