GTC B2B (German) – Section 1 General, Clientele, Contract Language
(1) These General Terms and Conditions (GTC) shall apply to the contracts concluded between you and us, BRAUN PHOTO TECHNIK GmbH, Merkurstrasse 8, 72184 Eutingen, legally represented by the Managing Director Hans Dieter Schock, HRB 750398, Local Court of Stuttgart, [LINK: Imprint] via this online shop (www.braun-phototechnik.de) if not expressly agreed otherwise in writing between you and us. They shall also apply to all future deliveries, services or offers to the client, even if they are not separately agreed again
(2) Terms and conditions of the client or third parties shall not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter, which contains or refers to the terms and conditions of the customer or a third party, this does not imply any agreement to the validity of those terms and conditions.
(3) Our sales personnel shall not be authorised to make verbal agreements with you as a customer in connection with the contract which deviate from the order form or these General Terms and Conditions.
(4) The product range in our online shop is aimed exclusively at you as an entrepreneur. For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts predominantly in the exercise of his commercial or independent professional activity (Section 14 (1) of the German Civil Code - BGB).
(5) The language available for the conclusion of the contract shall be exclusively German or English.
Section 2 Order Process, Conclusion of Contract
(1) The presentation of the goods in our online shop under the domain www.braun-phototechnik.de shall not constitute any legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).
(2) By clicking the "Order now with costs" button in the last step of the ordering process, you make a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer.
(3) The time when the contract between you and us is concluded depends on the payment method you select.
Instant bank transfer: After you have completed your order by clicking on the “Order now” button, you shall be forwarded directly to the payment service provider, Sofort GmbH. The purchase contract between you and us shall be concluded when you initiate the payment transaction. Instant bank transfer is only available to customers from Germany.
Payment by bank transfer: After you have completed your order by clicking on the “Order now” button, we shall send you an e-mail confirming your order, informing you of our bank details and requesting payment of the total amount. This constitutes a declaration of acceptance on our part. The purchase contract between you and us shall be concluded upon the sending of this payment request (e-mail).
PayPal: After you have completed your order by clicking on the “Order now” button, you shall be forwarded directly to PayPal. The purchase contract between you and us shall be concluded when you initiate the payment transaction. The purchase price will be credited to us immediately.
Credit card: After you have completed your order by clicking on the “Order now” button, you shall be forwarded directly to PayPal. Please select payment by credit card and enter your credit card number, your credit card’s expiry date and the verification number. The purchase contract is already concluded when you click on the “Agree and pay” button. You do not need to have an account with the payment service provider PayPal. You can select products for purchase in our online shop by clicking on the "shopping cart" button. This will add your selection to the shopping basket. You can change your selection at any time until you submit your order (until “go to checkout”) by changing the number/quantity of products, deleting the selection by clicking on the bin icon or cancelling the order process. Clicking on the “go to checkout” button will take you to the next step.
(5) Please enter your delivery address. Your delivery address is also the billing address. If you wish to state a different billing address, please uncheck the box “Use this address as billing address”. Clicking on the “next” button will take you to the next step. If you wish your billing address to be different from your delivery address, you can now enter your billing address. By clicking the button "continue" you will get to the next order step.
(6) Now please select the desired shipping destination (Germany or EU) by clicking on the corresponding circle. If desired, you can leave a message about your order in the dedicated field. Clicking on the "continue" button will take you to the next ordering step.
(7) Now please enter your desired payment method. Clicking on the “next” button will take you to the next step.
(8) On the right-hand side of the browser window, you will see an overview of the products you have selected, the purchase price and the shipping costs.
Please check whether all the details are correct and read the General Terms and Conditions and the Cancellation Policy carefully. You can only proceed with the order if you “agree” (check) to the General Terms and Conditions.
You can correct your entries at any time or withdraw from the contract declaration by clicking “edit” for the details you wish to provide or by clicking on the product itself, which will take you to the shopping basket.
Only by subsequently clicking on the “Order now” button do you submit a legally binding offer.
Section 3 Correction Notes
As part of the ordering process, you first place the desired goods in the shopping basket. There you can change the desired quantity of products at any time, delete the selection by clicking on the bin symbol or cancel the order process.
If you have placed goods in your shopping basket, you will be taken to a page on which you can enter your data and then select the payment method by clicking on the “go to checkout” button and then on the “next” button. Finally, an overview page opens where you can check your details. You can correct any errors (e.g. regarding payment method, data or the desired number of items) by clicking on “edit”. You can access the shopping basket by clicking on the goods on the right-hand side of the overview page or by clicking on the shopping basket symbol at the top of the website. If you wish to cancel the ordering process completely, you can also simply close your browser window. By clicking the “Order now” button, you are making a legally binding offer.
Section 4 Prices, Delivery Conditions
(1) Our prices shall include the statutory value added tax, but not the shipping costs. Customs duties and similar charges shall be borne by you.
(2) We shall deliver the goods in accordance with the agreements made with you.
(3) All delivery periods stated or otherwise agreed by us at the time of ordering shall commence,
(a) if delivery against instant bank transfer, payment by PayPal or credit card is agreed, one day after you have initiated the payment transaction.
(b) if payment by bank transfer is agreed, one day after you have issued the payment order.
(4) The day when we hand over the goods to the shipping company shall be decisive for our compliance with the shipping date.
(5) We shall only deliver against payment via the payment methods offered by us.
(6) You shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally determined by a court of law.
Section 5 Shipping, Insurance and Transfer of Risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipping and the transport company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us is therefore non-binding.
(3) If we only owe the shipment, the risk shall pass to the customer upon delivery of the goods to the transport company. This shall also apply if partial deliveries are made. If shipping or handover is delayed as a result of circumstances for which you as the buyer are responsible, the risk shall pass to you from the day on which the delivery item is ready for dispatch and we have notified you about this.
(4) The consignment shall only be insured by us against theft, breakage, transport, fire and water damage or other insurable risks at your express request and at your expense.
Section 6 Storage of the Contract Text
The terms of the contract with details of the ordered products will be sent to you by e-mail with the acceptance of the contract offer or with the notification of this. We shall store the provisions of the contract.
Section 7 Retention of Title
(1) The goods remain our property until full payment has been made. If you are in delay with payment for more than 10 days, we have the right to withdraw from the contract and to reclaim the goods.
(2) You are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you already now assign to us all claims from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Irrespective of our authority to collect the claim ourselves, you shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and insofar as you meet your payment obligations, no application has been made to open insolvency or similar proceedings against your assets and there is no cessation of payments. Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities at our discretion upon your request.
Section 8 Warranty for Purchases of Goods
(1) Insofar as the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We shall have the right to choose the type of subsequent performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. A prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed under Section 377 of the German Commercial Code (HGB). You must carefully inspect the goods immediately after they have been sent. You shall be deemed to have approved the delivered goods if we are not notified of a defect
(a) in the case of obvious defects, within five working days of delivery, or
(b) otherwise within five working days after discovery of the defect.
(2) The limitation period for warranty claims for the delivered goods shall be – except for claims for damages – twelve months from receipt of the goods.
Section 9 Limitation of Liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations the fulfilment of which makes the proper performance of the contract possible in the first place, the non-fulfilment of which jeopardises the achievement of the contract’s purpose and on the fulfilment of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for this type of contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The aforementioned exclusions of liability shall not apply in the event of injury to life, body or health. Liability under the German Product Liability Act shall remain unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this regard, we shall not be liable for the constant and uninterrupted availability of our online trading system.
(3) The above exclusions and limitations of liability shall apply to the same extent in favour our employees and other vicarious agents.
Section 10 Industrial Property Rights and Copyrights
(1) The customer shall be granted the non-exclusive right to use the software delivered with the goods in connection with the use of the goods.
(2) The customer shall not be authorised to make copies of the software, except for the purpose of use set out in clause 10 (1) or for backup purposes.
(3) The customer may only transfer the rights granted to him/her in the software to a third party if the ownership of the product concerned (especially hardware products) is simultaneously transferred to this third party and the customer does not retain any copies of the software.
(4) We shall not be obliged under any circumstances to disclose the source code of the software.
Section 11 Data Protection
Section 12 Final Provisions
(1) Changes in or amendments to these Terms shall be made in writing. This shall also apply to the waiver of this requirement for the written form.
(2) The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
(3) The place of performance as well as the exclusive place of jurisdiction for any and all disputes arising from or in connection with this contract shall be the registered office of our company in Eutingen.
(4) Should any provision of these terms be invalid, this shall not affect the validity of the other remaining provisions. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of regulatory gaps.
Last update: 15.05.2019
GTC B2B (German) – Section 1 General, Clientele, Contract Language