Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Branding/Identification
  8. Liability for Defects (Warranty)
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of BR Commerce GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that finalizes the order process.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been submitted, together with these GTC. In addition, the contract text is archived on the Seller’s website and can be retrieved by the Customer free of charge via their password-protected customer account, provided that the Customer has created a customer account in the Seller’s online shop before submitting their order.

2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalizes the order process.

2.6 The German language is exclusively available for the conclusion of the contract.

2.7 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.8 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This entity also handles customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To facilitate smooth delivery to Switzerland, we inform you for reasons of transparency that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the trade chain. This does not result in any additional costs for the buyer.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.3 When paying via a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 When selecting the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the Customer must have an online banking account enabled for “SOFORT” participation with a PIN/TAN procedure, must legitimize themselves accordingly during the payment process, and must confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately thereafter by “SOFORT” and the Customer’s bank account is debited. More detailed information on the “SOFORT” payment method can be retrieved by the Customer on the Internet at https://www.klarna.com/sofort/.

4.5 When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full GTC for purchasing on account here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0).

5) Delivery and Shipping Conditions

5.1 Goods are delivered via shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller’s cancellation policy applies if the Customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Branding/Identification

The Seller is entitled to use general customer data and the company logo as a reference on its own homepage or in advertising materials for B2B customers.

8) Liability for Defects (Warranty)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2 The Customer is requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual warranty claims.

9) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.