AGB created via the generator of the Deutsche Anwaltshotline AG
Contracting Party
On the basis of these General Terms and Conditions (AGB), the customer and
Brevis GmbH
Represented by: Ralf Bäumer
Address: Zieglerstraße 19, 33161 Hövelhof
Telephone: +49 (0) 52 57 - 9 37 36 22
Fax: +49 (0) 52 57 - 9 37 36 23
Commercial register: Paderborn
Commercial register number: B 2752
Sales tax identification number: DE179966728,
hereinafter referred to as the provider, the contract is concluded.
Subject of the contract
This contract regulates the sale of new goods from the areas of computer/smartphone accessories, design products, gadgets via the online shop of the supplier. For the details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded in electronic business transactions via the shop system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the shop system:
Selection of the offer
Adding the offer to the shopping cart
Press the button 'Checkout'.
Entry of the billing and delivery address
Selection of the payment method
Review and processing of the order and all entries
Press the button 'Order with costs'.
Confirmation mail that the order has been received
In addition to the shop system, orders can also be placed via remote communication media (telephone/e-mail), whereby the ordering process for the conclusion of the contract includes the following steps:
Call the order hotline / send the order mail / send the order fax
Confirmation mail that the order has been received
With the sending of the order confirmation the contract is concluded.
Term of contract
The contract has a duration of one delivery, subject to termination. Each contracting party has the right to terminate the contract with a notice period of 14 days without giving reasons. The right to extraordinary termination for good cause, in particular the repeated violation of the main contractual obligations, remains unaffected. The termination is only effective if it is made in writing or by telephone.
Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
Reservations
The provider reserves the right not to provide the promised service in case of unavailability.
Prices, shipping costs, return costs
All prices are final prices and include the statutory value added tax. A one-time flat-rate shipping fee of 2.90 EURO is charged per order. For orders with a total value of more than 50 EURO (incl. VAT) we do not charge shipping costs. In case of partial deliveries the lump sum is only charged once. If there is a right of withdrawal and this right is used, the customer bears the costs of the return shipment.
Terms of payment
The customer has only the following payment options: advance bank transfer, payment service provider (PayPal, Amazon Pay). Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the bank account indicated there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. If an escrow service/payment service provider is used, it enables the provider and the customer to settle the payment among themselves. The escrow service/payment service provider forwards the customer's payment to the provider. For more information, see the website of the relevant escrow service/payment service provider. The customer is obliged to pay or transfer the amount shown on the invoice to the account indicated on the invoice within 14 days of receipt. The payment is due without deduction from the date of invoice. After expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. Offsetting against the customer's claims is excluded, unless these are undisputed or have been legally established.
Terms of delivery
The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average after 2 days at the latest. The standard delivery time within Germany is 2 days, unless otherwise stated in the item description. Deliveries abroad can take considerably longer and their actual duration cannot be predicted. The supplier will ship the order from his own warehouse as soon as the entire order is in stock there. The customer will be informed about delays immediately. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the provider has the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and received services, especially payments, will be refunded. The entrepreneur undertakes to deliver on the 3rd day after receipt of the order.
Warranty
Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty is based on the regulations in the General Terms and Conditions (AGB).
Drafting of contracts
The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the entry during the ordering process. He can do this as follows: Click on the back button.
Right of withdrawal and customer service
You can return goods in accordance with the provisions of the statutory right of withdrawal. Details and particulars can be found below.
Cancellation policy
Our special Christmas return period: All items shipped between November 1 and December 31 can be returned up to and including January 31 of the following year. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functioning. Legal rights of return remain unaffected.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the event,
- In the case of a contract of sale: where you or a third party designated by you, other than the carrier, took or has taken the last goods in itz.
- In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: at the place where you or a third party, other than a carrier and designated by you, took or has taken possession of the last goods.
- In the case of a contract for the delivery of goods in several instalments or pieces: where you or a third party, other than a carrier and designated by you, have taken possession of the last instalment or piece.
- In the case of a contract for the regular supply of goods over a specified period: on the date on which you or a third party, other than a carrier and designated by you, took possession of the first goods.
When several alternatives meet, the last point in time is decisive.
In order to exercise your right of revocation, you must inform us (Brevis GmbH, Ralf Bäumer, Zieglerstraße 19, 33161 Hövelhof, +49 (0) 52 57 - 9 37 36 22, saugstick@brevis.de) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of cancellation - return and refund
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You shall return or hand over the goods to Brevis GmbH, Ralf Bäumer, Zieglerstraße 19, 33161 Hövelhof, +49 (0) 52 57 - 9 37 36 24, saugstick@brevis.de, without delay and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The time limit shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
End of the cancellation policy
Disclaimer
Claims for damages by the customer are excluded, unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer asserts claims for damages against them. Excluded are claims for damages of the customer because of injury to life, body, health or essential contractual obligations, which must be fulfilled to achieve the contract goal necessarily. Likewise this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider's consent, unless the Customer has proven a legitimate interest in the assignment or pledge.
Language, jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply to the extent that it does not restrict any statutory provisions of the state in which the customer has his place of residence or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
Data protection
In connection with the initiation, conclusion, handling and reversal of a sales contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens within the scope of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing procedures, the provisions of the Federal Data Protection Act shall be observed. The data provided by the customer in the course of the order will be processed exclusively for the purpose of establishing contact within the framework of the processing of the contract and only for the purpose for which the customer has made the data available. The data will only be passed on to the mail-order company that is responsible for the delivery of the goods as ordered. The payment data will be passed on to the credit institute commissioned with the payment. As far as storage periods of commercial or tax law nature affect the provider, the storage of some data can last up to ten years. During the visit to the provider's Internet shop, anonymised data, which do not allow any conclusions to be drawn about personal data and which are not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Information on all personal data of the customer is possible free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Brevis GmbH, Ralf Bäumer, Zieglerstraße 19, 33161 Hövelhof, +49 (0) 52 57 - 9 37 36 24, saugstick@brevis.de.
Severability clause
The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.