General terms and conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop. Our online shop targets consumers only.
"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2. Contractual partner, formation of contract, correction facilities
The contract is concluded with Bresser UK Ltd.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue. You may initially place our products into the shopping basket without obligation and check your entries at any time prior to submitting your binding offer, by using the correction aids provided and explained for this in the ordering process. By clicking on the ordering button, you are submitting a binding offer to buy the products contained in the shopping basket. The confirmation of receipt of your order will take place by e-mail directly after sending the order.
We will accept your offer within two days
- by sending you a notice of acceptance in a separate e-mail or
- if applicable, by having the payment transaction processed by our service provider or the selected payment service provider. The time of processing of the transaction depends on the respective payment method selected (see below under "Payment").
The relevant alternative for you is determined by which of the listed events occurs first.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data and our General Terms to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.
4. Subject of contract
4.1 Product description
Reference is made to the validity of the respective product description as an integral part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any uncertainties:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.
5. Delivery conditions
5.1 Delivery costs
In addition to the specified product prices, shipping costs are added for standard shipping. More information on the delivery costs can be found at the offers.
5.2 Delivery options
We ship the products to the delivery address specified in the order process.
We only dispatch goods en route; pick up by the customer is not possible.
5.3 Delivery by forwarding agent
Making an appointment
In the case of delivery by a forwarding agent, the forwarding company commissioned by us will contact you to arrange a delivery date.
Place of delivery
Delivery of the goods is limited to the transport of the goods to the house door of the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
Co-operation of the consignee
Unloading and any necessary subsequent transport of the goods to the agreed place of delivery is carried out jointly by the haulage driver and the recipient. Information on the packaging dimensions can be found in the offers.
The following applies to “Kaufleute”: In deviation from the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed place of delivery.
6. Payment
6.1 Preise
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
6.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of GBP 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to traders: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of GBP 40. Further claims remain unaffected by this.
6.3 Payment methods
The following payment methods are basically available in our online shop.
Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds
Credit Card
With the submission of the order, you are sending us your credit card details at the same time.
Your card will be charged immediately after placing your order.
SEPA direct debit
By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of charging your account at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year.
Debiting the account takes place prior to shipping the goods.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.
The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay") we offer the payment methods giropay.
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.
Giropay may offer registered giropay customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with giropay. You can find more information on this in your giropay account.
Invoice
The invoice amount is due 30 days upon receipt of the invoice and the goods 30 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
7. Retention of title
The products shall remain our property until full payment is made.
8. Damage during delivery
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Data backup
You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the data loss by regularly and completely backing up your data.
The above limitation does not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- within the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.
10. Warranty and guarantees
10.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.
10.2 Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.
Customer service: Our customer service is available for queries, complaints and claims on working days from to via phone at as well as via email at .
11. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
12. Online dispute resolution
The European Commission provides a platform for online dispute resolutios (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de. We will participate in a dispute settlement procedure before this authority.
AGB erstellt mit dem Trusted Shops Rechtstexter