(1) The following terms and conditions apply to contracts you make with us as a provider (Torsten Ritscher) close via the website www.brandyourcap.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Formation of Contract
(1) Subject of the contract is the sale of goods.
(2) Already with the setting of each product on our website we will submit a binding offer to conclude a contract on the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows: The purchasing goods intended are stored in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page. If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Immediately) as payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page. Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase. By submitting the order via the button "buy" you declare legally binding the acceptance of the offer, whereby the contract comes about.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3Customized Goods
(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You agree not to provide any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.
§ 4 Special agreements for offered payment methods
(1) Payment by invoice and financing via Klarna Germany In collaboration with Klarna we offer you the purchase on account and the installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna.
Klarna bill When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here.
Klarna installment purchase With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6,95). You can find more information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit here.
(2) Payment via Klarna Checkout In cooperation with Klarna we offer the following payment options. Payment is made to Klarna:
Klarna invoice: Payable within 14 days of the invoice date. The invoice will be issued when the goods are dispatched and sent by email. You can find the invoice conditions here.
Klarna installment purchase: With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6,95). You can find more information on Klarna hire purchase including the general terms and conditions and the standard European information for consumer loans here.
Credit card (Visa / Mastercard)
§ 5 Right of Retention, Retention of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 6 warranty
(1) There are statutory liability for defects.
(2) As a consumer, you will be asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
(3) As far as you are an entrepreneur, deviating from the above warranty regulations applies:
a) As a condition of the thing only our own information and the product description of the manufacturer as agreed apply, but not other advertising, public claims and expressions of the manufacturer.
b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The reduction in time does not apply:
- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages; - as far as we maliciously concealed the defect or have given a guarantee for the quality of the item; - for items that have been used for a building in accordance with their normal use and have caused its deficiency; - with statutory recourse claims that you have against us in connection with rights to defects.
§ 7 right choice
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
Alternative dispute resolution: The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, treaty text storage
3.1. Contract language is German .
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, eg by e-mail, which you can print or electronically save.
5. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Price and Payment Methods
6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs of money transfer incurred (Bank transfer or exchange rate fees) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
7. Delivery terms
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, supply and shipment is at your risk.
8. Statutory warranty rights
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.