General Terms and Conditions (B2C) (Germany)
Area of application
The following terms and conditions apply to all contractual agreements made with BRAUN Photo Technik GmbH, hereinafter referred to as “BRAUN”, concerning the purchase and delivery of merchandise ordered from the BRAUN olineshope, regardless of the order method.
Prices and mailing expenses
The statutory value added tax (VAT) is included in the listed prices. The shipping expenses, supplemental to every delivery, amount to 8,-€ / 16, - €.
The possibility exists that a product is temporarily out of stock. You will be informed of this, when applicable, as soon as possible, at the latest 30 days after receiving your order. In such a case, we will send the available products ahead, for the purpose of not having to wait for all products to be delivered. The subsequent delivery will be supplied separately as soon as possible, without an additional delivery charge. Should the subsequent delivery not be needed, please inform us of this per telephone. +49 (0) 74 57 / 94 65 60.
Items not available / Out of Stock Products
Should we not be able to deliver a product that has been ordered, in the exceptional case that the article is out of stock, you will be informed. Should the payment have already been made in such a case, you will naturally be refunded in full. In the case that a product has already been accepted in an order, and the delivery cannot be carried out for reasons out of our control, for instance damage due to an Act of God, damage through a third party or due to theft, we reserve the right to rescind upon any agreements in regard to said product. In such a case, we will inform you as soon as possible that said product is not available.
Order Procedure, Contract agreement and Right of Return
To be able to order our products, we require our customers to be of full age, (18 years or older), and to have a valid address in Germany. Our products will be delivered only in quantaties typical to a common household and only to delivery addresses in Germany. The minimum order value (after deduction of possible discounts), is 30€.
In the case of an online order, you will receive an order confirmation.
The order will be sent within one week of receiving it.
Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, or E-Mail) or by returning the merchandise within a period of two weeks. The revocation does not have to contain any grounds. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form, and the sales agreement has been considered as valid in consequence of the acceptance of the merchandise, or because of expiration of the 7 day approval period, but not before fulfilment of our duty to inform correspondent of § 312c paragraph 2 BGB in association with § 1 paragraph 1, 2 and 4 BGB-InfoV and also not before fulfilment of our responsibilities to inform correspondent § 312e paragraph 1 phrase 1 BGB in association with § 3 BGB-InfoV.
The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period.
The revocation is to be addressed to:
The return consignment (plus revocation) is to be addressed to:
BRAUN Photo Technik GmbH
72184 Eutingen, Germany
Consequences of return
In case of a valid revocation, all mutually received benefits are to be restituted by both sides and if applicable compensation for lost value (for instance through useage of the merchandise) is to be made. Therefore, any payments that have already been made, (including interest,) are to be paid back to you in full; the merchandise is to be returned back to us. If you are unable or partially unable to return the merchandise to us or can only return it in a deteriorated condition, compensation for its value is to be made. The obligation of compensation can be avoided through not treating the merchandise as your own property and avoiding anything that could influence the value of the merchandise.
All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
The deadline begins for the customer as soon as the declaration of revocation has been sent, for us upon receiving it.
End of Disclaimer.
Refusal of Packages and Unfetched Packages
Should the acceptance of a package be refused, or in the case of packages remaining unfetched, we reserve the right to charge a fee of 15€ for the incurred expenses (e.g. handling, packaging and transportation).
In case of quality impairment, the statutory warranty regulations will be adhered to. Blatant material or production defects from delivered merchandise, including damage due to transportation, should be reported immediately, either to us or to the distributor. If a guarantee has been granted, the details of such result from the Terms of Guarantee accompanying each and every product delivered. Guarantee claims remain intact according to the statutory rights and requirments.
Reservation of proprietary rights
The merchandise remains our property until it has been paid for in full.
Assignment of a claim
In case of any outstandig debts arising in connection with deliveries of our merchandise, including any agreements made regarding payment by installments, we reserve the right to assign rights to third parties and authorize third parties to collect.
BRAUN Photo Technik GmbH
72184 Eutingen, Germany
Fon: +49 (0) 74 57 / 94 65 60
We gather, process and use your data only after your consent has been given to do so or if a mandatory legislation has been issued which allows the use thereof. There will only be such data gathered, processed and used, that is necessary in order to for the realization and utilization of the services offered or that you have voluntarily made available to us.
All data that contains details and factual information concerning a specific or determinable client is considered personal data. Examples include the name, E-Mail address, home address, gender, date of birth and telephone number.
Which information is gathered and to what end is it used?
We need your data for the following reasons:
Ordering: To be able to process your order (e.g. your name, address, date of birth and bank account number) Catalogue/Information: So that our catalogues can be ordered and delivered (e.g. your name and address) Newsletter/Offers per E-Mail: So that our newsletter and certain bargain opportunities can be received (your E-Mail address) Contact establishment: So your questions can be answered (e.g. your name, address, telephone number and E-Mail address) Objections
The usage, processing and conveyance of your data for marketing purposes, (e.g. shipment of catalogues and sending our newsletters and bargain opportunities per E-Mail), can be discontinued at any time by means of a letter, (BRAUN Photo Technik GmbH; Webshop, Merkurstrasse 8, 72184 Eutingen), fax, (+49(0)7457 946572), by telephone, (+49(0)7457 946560), or per E-Mail(post[at]braun-phototechnik.de). Once your objection has been noted, your data will be used exclusively for order hereinafter ng purposes and any further shipment of promotional material, including our catalogues, will be discontinued.
Will your data be conveyed to third parties?
To close your order optimally, we will have to convey your data to third parties.
For instance, data needed in order for your shipment to be carried out will be conveyed to our distributer or haulage contractor. Furthermore, in the instance that a credit-check, identity-confirmation, a credit appraisal or debt collection should be necessary, your data will be forwarded to the Schufa (Schutzgemeinschaft für allgemeine Kreditsicherung, credit investigation company) or other Business information services or to a debt collection agency.
Platform for online dispute resolution
a) The European Commission provides a platform for online dispute resolution. This is available at http://ec.europa.eu/consumers/odr.
b) The use of this platform for online dispute resolution is not a mandatory requirement, but represents for you merely a voluntary alternative to legal disputes.
c) You are free to settle your legal claims through court proceedings without using the Platform for Online Dispute Resolution of the EU Commission.
Dispute resolution procedure before a consumer arbitration board
We expressly point out that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Germany: All prices in € including VAT by statute, plus shipping costs.