General Terms and Conditions of Trade
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Subject of the General Terms and Conditions of Trade
The subject of the General Terms and Conditions of Trade is the arrangement of the contractual terms concerning all contracts of Brixel (offerer) and users of this online-offer (customer), concluded by this website www.brixels.net. The General Terms and Conditions of Trade having validity at the time of conclusion of the contract have validity.
1. Area of Application
1.1 The following General Terms and Conditions of Trade are considered as exclusive; opposed or deviant conditions of the customer are only binding if the offerer confirms in writing. His conditions will also be valid if he delivers the product in awareness of opposed or deviant conditions of the customer.
1.2 The General Terms and Conditions of Trade are only valid for traders according to § 24 AGBG.
1.3 The General Terms and Conditions of Trade are also valid for every future business deals with the customer.
2. Realization of the Contract
2.1 The presentation and assortment on www.brixels.net is no legally binding buying but a non-binding request. The customer is giving a binding order of the requested goods only by final payment.
2.2 The validation of the receipt of the order follows immediately after sending the order. The contract will be realized upon the receipt of the payment by the customer. If the customer received no answer or delivery by the offerer within two weeks, he will no longer be bound to his order.
3. Duty to Supply Information
3.1 The customer is obliged to give truthful information when ordering. If the data of the customer change, especially name, address or eMail-address, the customer will be obligated to inform the offerer by mail to email@example.com. This notice has to be send before delivery of the goods respectively before billing, because made out invoices can not be changed for technical and legal reasons.
3.2 If the customer does not send this information or if he sends false information, a false eMail-address in particular, the offerer can resign from the contract, in case a contract was realized. The resign will be declared in writing. The written form will also be kept by sending an eMail.
3.3 The customer has to take care about a reachable eMail-account at the time of ordering. The accessibility of the eMail-account must not be impossible because of a forwarding, closedown or overfilling of the account.
3.4 The faultiness of the information will be assumed if an eMail send to the customer returns unanswered three times in a row, or the services can not be performed because of a false address.
4. Prices 4.1 All of the product prices are deemed to be in Euro exclusive of the corresponding Value Added Tax. The prices having validity on the order date will be invoiced.
4.2 If special offers are put up for sale for a certain period of time, the offerer will point out explicitly to that period of time. Special offers and spezial items are valid while stock lasts. There is also a subject to prior sale.
5. Deterioration in Financial Situation
5.1 If it becomes evident after a contract realization that the customer is not able to reciprocate according to a significant deterioration in his financial situation, the offerer will be allowed to either deny his incumbent goods and services until the customer reciprocates, or to withdraw from the contract.
6. Data Protection
6.1 The offerer only stores personal data of a customer in as far as it is necessary for the handling and processing of the customer’s order. All customer’s data will be stored and administered by the offerer in compliance with the regulations of the German Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG). The customer has a right to information, amendment, blocking and deletion of his stored data at all times and free of charge. Please contact firstname.lastname@example.org or send requests by post or fax.
6.2 The offerer does not pass personal data on to third parties, including the postal address and eMail-address, without any explicit approval of the customer that can be revoked at any time. This excludes the offerer’s service partners which require the data in order for them to handle the order (e.g. the mail order company commissioned with the delivery). In such cases, the scope of the transmitted data is restricted to the absolutely required minimum.
6.3 The offerer uses technical and organizational safety measures to protect the administered data of the customer against random or intentional manipulation, deprivation, destruction or against access by unauthorized individuals.
6.4 Cookies There are no cookies necessary and are not being used for this system.
7.1 Every order will be handled immediately upon receipt, not later than the next working day.
7.2 Every reached agreement about the delivery, especially about terms and dates, are non-binding and with subject to change.
7.3 In case of a non-availability of a contractual commitment, the offerer reserves the right to yield a good or service that is equal in quality and price.
7.4 The customer bears the risk of accidental loss or damage of the goods ex factory. This is also valid if the offerer delivers the goods or lets the goods to be delivered at the request of the customer to his business location. If the offerer contracted a transport insurance for the customer, he is obligated to the assignment of every resultant claim to the customer.
7.5 Incidents of superior force, especially such incidents, the offerer has no influence on, release him from the obligation to supply, as long as the incidents last. The offerer will be obligated to inform the customer immediately in writing if such an incident happened; at the same time he is obligated to inform the customer about the period this incident is going to last presumably. In case that such an incident will last longer than three months, the offerer can resign from the contract.
7.6 If the offerer got into a delay in delivery, the customer will have to allow him an appropriate extra time. If the extra time runned out because of reasons the offerer has to take responsibility for, the customer will be obligated to refuse the performance of the contract in writing, if he wants to claim for damages for non-performance or if he wants to resign from the contract. The damage compensation of the offerer is – except in a case of an intentional act – limited to a refund of a contract coherent, predictable damage.
7.7 If the customer got into a default of acceptance or if he acted to breach any other obligations to co-operate, the offerer will be authorized to demand a compensation for damages, including additional expenditures for storing. In this case, the customer bears the risk of accidental loss or damage of the goods from the moment on he gets into a default of acceptance.
7.8 If a good or service that is equal in quality and price could not be yielded, the offerer will be authorized to resign from the contract and will not have to yield the guaranteed good or service. The offerer is obligated to inform the customer immediately about the non-availability and refund – if necessary – an already yielded consideration without delay.
8. Packaging and shipping costs
8.1 The customer bears the packaging and shipping costs.
8.2 The payment via cash on delivery, as well as the payment by credit card is not accepted.
9.1 The invoiced amount is payable in advance, as long as there are no further agreements.
10. Reservation of Ownership
10.1 The offerer delivers only on condition to the advanced reservation of ownership. He reserves the proprietary right on the goods until the customer has paid every invoice of the business connection. On open account the reservation relates to the accepted accounting balance. If the offerer made an agreement with the customer about check procedure, the reservation will also extend to the encashment of the accepted bill (that is accepted by the offerer) by the customer and will not expire by credit entry of the check received by the offerer. In case of a customer’s manner which is contrary to the contract, especially in case of a delay in payment, the offerer is authorized to retract the sales item. There will be no resigning from the contract by the retraction of the sales item, only if the offerer did express that fact explicitly in writing.
10.2 The customer is entitled to resell the goods, delivered with reservation of ownership, to a third party. If he resells the goods, the customer will then transfer a title to insurance benefits to the offerer, accrued from the resell to his purchasers. The transfer is limited to the invoice amount which was appointed between the customer and the offerer. The offerer accepts the transfer. The customer is entitled to collect the accounts receivable as long as he didn’t get into a delay of payment. If he gets into a delay of payment the offerer is authorized to revoke the debt order; in this case the customer is obligated to inform the offerer about all requisite facts so that he is able to collect the debt claims from the purchasers himself. The offerer will be entitled to revoke the authorization for resale and the debt order if the customer got into significant financial difficulties or requested to open a file for insolvency.
10.3 The working and processing of the delivered conditional goods by the customer is always for the offerer. If the customer processes the delivered conditional good of the offerer with conditional goods of other suppliers, the offerer will earn co-ownership of the new item (invoiced amount including VAT) in the relation of the value of the conditional goods to the other processed conditional goods at the time of processing. The item resulting from the processing is subject to the same conditions as the reserved.
10.4 If the conditonal goods delivered by the offerer are inseparably joined to other objects which do belong to the offerer, the offerer acquires co-ownership of the new item in the ratio of the value of the condtional goods (invoiced amount including VAT) to that of the other joined good at the time they were joined. If they are joined so that the customer's good is to be seen to be the main good, it is agreed that the customer assigns its entitlement and the proportional co-ownership to the offerer. The customer stores the resulting sole or co-ownership for the offerer free of charge.
10.5 The customer also assigns the claims to the offerer to ensure those claims which will arise by a conjunction between the sales item and an estate against third parties.
10.6 In case of a distraint or other interferences by third parties the customer has to inform the offerer immediately in writing and to inform the third party about the security interests of the offerer. If the third party is not able to pay the offerer the costs for an extrajudical and/or judical prosecution (a lawsuit according to § 771 ZPO in particular), the customer will be liable for the emerged deficiency of the offerer.
10.7 The offerer is obligated to approve the owing securities on demand of the customer in as far as their value exceeds that of the claims which are to be secured by more than 20%. The choice of the securities to be released is upon the offerer.
11.1 The customer is obligated to check the goods immediately after delivery according to §§ 377, 378 HGB and to enforce possible claims in writing. A period allowed for examination and sending notice of a defect or deficiency within five days is accurately timed. This arrangement is also valid in case of a quantity variance and a wrong delivery.
11.2 If there was a deficiency (regarding the sales items) that can be imputed to the offerer, he is obligated to remedy the deficiencies or to deliver a replacement of his choice. If there was a delay regarding the remedy or the replacement delivery, caused by reasons the offerer can be imputed to, or if the remedy or the replacement delivery fails for any other reasons, the customer is authorized to resign from the contract (revocation) or to demand an appropriate lowering of the prices (markdown).
11.3 Further claims of the customer will be excluded, as long as there won’t be any changes hereafter. The offerer is only liable for damages of the delivery item itself. The offerer is not liable for the loss of profit or any other financial losses of the customer in particular. This limitation of liability will not be valid if the cause of damage was due to intention or to negligence, or if the warranty of liability was based on a defect of a warranted quality. In addition the warranty of liability will not be valid if the offerer acted to breach a significant contractual obligation.
11.4 If the liability is not excluded, the damage compensation of the offerer will be limited to a refund of a contract coherent, predictable damage– except in a case of an intentional act.
12.1 The preceding limitations of liability are also valid for all other claims, – irrespective of legal basis – which are asserted to the offerer. It is valid particularly with regards to claims for indemnity because of impossibility, inability, culpa in contrahendo, a breach of contractual accessory obligations (default in performance of contract) as well as other legal liability provisions.
12.2 The liability under the terms of the Product Liability Act remains unaffected.
12.3 If the liability is not excluded or limited, this settlement is also valid for claims for indemnity which are asserted directly to associates, employees, personnel, surrogates and/or assistants of the offerer.
13. Jurisdictional Venue, Place of Performance, Applicable Law
13.1 The jurisdictional venue for every business dispute that can arise from this contract, directly or in conjunction with this contract, is Salzburg. The offerer is also authorized to sue the customer at the offerer’s business location.
13.2 The place of performance for every commitment that results from this contract, as long as there is no other agreement made in the confirmation of the order, is the offerer’s business location.
13.3 Austrian law has validity for all contracts; the regulations of the UN Convention on Contracts for the International Sale of Goods are excluded.
14. Deviant Conditions of the Customer
14.1 In case the customer is using his own General Terms and Conditions of Trade which are deviant from these General Terms and Conditions of Trade, only these General Terms and Conditions of Trade have exclusive validity.