Terms and Conditions
General terms and conditions of business for the BREE online store
- 1. General, applicability, customer group, language
- 2. Conclusion of the contract, order
- 3. Right of revocation
- 4. Legal notice / contracting partner
- 5. Prices, payment methods and invoicing
- 6. Dispatch of the goods, shipping costs
- 7. Dispatch, insurance and transfer of risk
- 8. Retention of title
- 9. Warranty
- 10. Liability
- 11. Data protection
- 12. Applicable law and place of jurisdiction
- 13. Alternative dispute settlement
1. General, applicability, customer group, language
(1) All offers, sales agreements, deliveries and services connected to orders of our customers via our online store www.bree.com (hereinafter referred to as the "webshop") are subject to these general terms and conditions of business. In particular, they shall apply in respect of all deliveries between ourselves and a consumer in the version valid at the time of the order.
(2) The product range in our webshop is tailored towards consumers. For the purpose of these general terms and conditions of business, (i) a consumer is any natural person who concludes the contract for a purpose which is neither commercial nor can it be attributed to the person's independent professional occupation (§ 13 of the German Civil Code - BGB).
(3) The terms and conditions of business of the Customer shall not apply, even if we do not separately object to their applicability in individual cases.
(4) The contracts with the Customer shall be exclusively concluded in the German (or English) language (depending on whether the Customer places the order via the German or English page of the webshop). Should the order of the Customer take place via our German language website, the German version of these general terms and conditions of business shall be exclusively applicable accordingly. Should the order of the Customer take place via our English language website, the English version of these general terms and conditions of business shall be exclusively decisive.
2. Conclusion of the contract, order
(1) Our goods presentation in the webshop merely represents a non-binding invitation to order a product from us.
(2) By means of entry and sending of an order in the webshop (which requires prior registration and acceptance of these general terms and conditions of business), the Customer is making a binding offer to purchase the product concerned and to conclude a sales agreement. The Customer shall be bound by the offer until expiry of the third working day following the offer.
(3) We shall send the customer a confirmation of receipt of the offer immediately following its receipt. The automatically created email order confirmation does not yet represent an acceptance of the offer, rather it merely confirms that the order has been received by us. The decision as to whether we accept the order shall be at our discretion. Should we be unable to process an order, we will inform you of such immediately. The offer shall not be deemed to have been accepted by us until we bindingly declare its acceptance to the Customer (by email) or deliver the goods. The sales agreement with the Customer shall not come into existence until our acceptance has taken place.
(4) Should we ascertain when processing your order that the product which you have chosen is no longer available, we will inform you of such via email. A contract concerning the non-available goods shall not come into existence due to lack of acceptance of the offer.
(5) The order takes place in the following stages:
1) Selection of the requested goods
2) Confirmation by clicking the "PLACE IN SHOPPING BASKET" button
3) Checking of the details in the shopping basket
4) Confirmation via the "PROCEED TO CHECKOUT" button
5) Entry in the Internet shop following registration and entry of the required details (email address and password)
6) Repeat check and/or correction of the respective entered data
7) Binding transmission of the order
Prior to the binding transmission of the order, the consumer can re-access the Internet page on which the customer entries are gathered by clicking the "back" button in the Internet browser which they are using following a checking of their details and can correct entry errors or terminate the order process by closing the Internet browser.
(6) Saving of the contractual text in case of orders via our online store: We will save the order and send you the order details, as well as our general terms and condition of business via email. You can also view the general terms and conditions of business at any time at http://bree.com/Terms-Conditions/.
(7) Any customer who is a consumer is entitled to revoke the offer in accordance with the separate revocation instructions of which he or she is notified within the framework of the order on the website and to return the goods.
(8) When BREE embosses products with a text according to customers´ orders, the company performs in the context of individualizing the product. The acquiring party is obligated to ensure that the text is not constrained by third party rights, does not offend common decency, or does not communicate content which could potentially hurt copyrights or other related rights/laws. BREE tries to examine product orders to the best of the company´s ability, and will reject any illicit data (e.g. abusive, slanderous, anti-constitutional, racist, sexist, glorifying violence, pornographic or otherwise discriminating messages.)
3. Right of revocation
Right of revocation
You have the right to revoke your contractual declaration within fourteen days in text form without giving any reasons. The period of revocation is 14 days starting from the day on which you or a third party indicated by you (whom is not the carrier), acquires physical possession of the goods. In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of an express declaration (for example by post, registered letter, fax or email). The declaration of revocation can also take place by means of return of the goods without an additional notice within the named revocation deadline.
Your declaration of revocation or return of the goods should be addressed to us at:
BREE Collection GmbH
BREE Online Store
Telephone: +49(0) 51 36 89 76 200
Fax: +49(0) 51 36 89 76 229
In case you wish to inform us of your decision to revoke the contract by means of an express declaration of revocation, you can use the attached sample revocation form. The use of the revocation form is not mandatory. The revocation can also take place by means of a simple informal declaration addressed to us.
In respect of compliance with the revocation deadline, it will suffice if you forward the notice of the right of revocation or the goods to us before the expiry of the revocation deadline.
Consequences of revocation
Should you revoke this contract, we will immediately return all payments which we have received from you, including delivery costs (excluding any additional costs which may be due to you having chosen a different type of delivery than the low cost standard delivery offered by us) and at the latest within 14 days of the date on which the notice of your revocation of this contract or the returned goods were received by us. For this refund, we will use the same means of payment as you used in the original payment transaction, unless another payment method has been expressly agreed with you. On no account will you be charged any fees in connection with this refund. We shall be entitled to withhold payment of the refund until we have taken return receipt of the goods or until you have provided proof that you have returned the items. The respective earlier time shall be decisive in this respect.
You must return or hand over the goods immediately and at the latest within 14 days of the day on which you informed us of the revocation of the contract. The address is as follows:
BREE Collection GmbH
The deadline will have been complied with if you dispatch the goods before expiry of the 14 day deadline. We will bear the costs and risks of the return of the goods. You will only be responsible for any reduction in value of the goods if this reduction in value results from handling by you which is not necessary to ascertain the quality, properties and functioning of the goods.
Go to the revocation form: http://bree.com/Information/Returns-Revocation/
The Right of Withdrawal does not fall within the scope of costumer-personalized products. According to §312 paragraph 2 Nr. 1 BGB, the right of withdrawal excludes goods that are individually produced and customized in order to meet the costumer´s will. This includes, but does not conclude, BREE´s individual imprinting of products in regard to the client´s demand (e.g. name, address, phone number, or any other characteristics personalizing the product.) Warranty rights based on material defects remain unaffected.
4. Legal notice / contracting partner
BREE Collection GmbH
30916 Isernhagen, Germany
Managing Director: Stefan Treiber
Register Court Hanover / Commercial Register B 210941
Telephone: Germany: 05136 / 89 76 200*
* calls from German landlines free-of-charge, otherwise in accordance with the tariff regulations of your provider for calls to German landlines
Value added tax ID: DE 295109985, tax number: 16/205/68915, register court Hanover, Commercial Register B 210941
European Commission (EU) for online dispute resolution (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
5. Prices, payment methods and invoicing
(1) Our prices include the respective statutory applicable value added tax, but not shipping costs, The Customer must bear the cost of customs duties and similar taxes.
(2) The payment of the goods can be made according to the choice of the Customer in accordance with the proposed payment methods stated in the order process and in line with the terms and conditions stated therein. Possible means of payment are advance payment, cash- on- delivery, invoice, bank Paypal, as well as bank transfer or credit card (Visa, MasterCard). On the request of the Customer who is stated in the order form, we will also deliver the goods in consideration of payment at our business premises (name of location and address respectively). Depending on the results of the checking of your data (identity and creditworthiness checks), we shall reserve the right to exclude certain methods of payment.
(3) Should the consumer have chosen payment by means of advance payment, he or she shall be obliged to pay the purchase price immediately following conclusion of the contract. Where we deliver per cash-on-delivery, the purchase price is due upon receipt of the goods. In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 14 business days of dispatch of the goods and receipt of the invoice by the Customer. In case of a preceding return of parts of delivery the invoice amount can be reduced accordingly.
(4) Should you enter payment default, we shall reserve the right to issue you with warnings and to charge a fee of 3 euros. In case of payment default, you shall be obliged to reimburse us in respect of all costs, expenses and cash expenditures which are incurred by us in connection with the assertion of our claims. Without prejudice to a duty to provide compensation defined by procedural law, this shall also include all out-of-court costs of an engaged debt collection agency or lawyer.
(5) The Customer shall not acquire any right of set off or retention, unless the counterclaim is undisputed or recognised by a court of law.
6. Dispatch of the goods, shipping costs
(1) We will send the goods to the Customer at the latest by the delivery date which is visible on the respective offer page (date of handover of the goods by us to the shipping company). These can be exceeded by up to two working days. Should no shipping date be stated, goods which are identified as "in stock" will be dispatched at the latest on the fifth working day (subject to a permitted sale in accordance with Paragraph 2 of this Number) and all other goods within three weeks. The deadline which is decisive in respect of the determination of the shipping date shall commence respectively (a) if delivery against prepayment is agreed, on the date of receipt of the full purchase price (including value added tax and shipping costs), (b) if cash-on-delivery or payment after delivery has been agreed, upon the conclusion of the sales contract, (c) in case of payment by means of the respective other payment methods, when payment is made.
(2) Should the item be identified as being "in stock" at the time of the Customer offer in the webshop and should delivery against prepayment take place, we will hold the goods in stock within a period of five working days following our acceptance of the offer; should the payment not be received by us during this period, we shall be entitled to sell the goods at any time. In such a case, the dispatch shall only take place within the named deadline of five working days if stocks permit. Otherwise, a deadline of three weeks following receipt of payment is deemed to have been agreed.
(3) In case that our supplier does not deliver goods to us on time which were identified as "not in stock" at the time of the Customer order on the offer page in the webshop or which were sold in accordance with Paragraph 2, the decisive deadline otherwise in accordance with Paragraphs 1 and 2 shall be extended until the time of supply by our supplier, plus two further working days, however at the most by a period of three weeks. The prerequisite for the said deadline increase shall be that we have immediately ordered the goods and we are not responsible for the delay in delivery of the goods on the part of our supplier.
(4) Should the goods not be deliverable or not be deliverable on time for a reason stated in Paragraph 3, we will immediately notify the Customer of such. Should the item not be available from our supplier for the foreseeable future, we shall be entitled to rescind the sales agreement. In case of rescission, we shall immediately refund the Customer in respect of any payments made to us. The statutory rights of the Customer due to delivery delays shall not be affected by the provision above, whereby the Customer can only bring a claim for damages in accordance with the special provision of Number 9 of these general terms and conditions of business.
(5)Partial deliveries of Products included in the same order shall be permitted, provided that the products can be used separately. In this event, we shall bear any additional delivery costs.
(6) The BREE online store delivers free-of-charge in Germany via DHL for purchases of 40 euros or more or via a local DHL partner, if stocks permit. The delivery time amounts to approximately 2 to 5 working days following dispatch of the goods. For deliveries under 40 euros, BREE charges shipping fees of 4.95 euros.
For shipping to Austria, Belgium, Finland, France, Italy, Luxembourg, the Netherlands, Poland, Portugal, Sweden or Spain, we normally require 3 to 8 working days. We do not currently deliver to other countries. In case of deliveries of goods to Austria, Belgium, Finland, France, Italy, Luxembourg, the Netherlands, Poland, Portugal, Sweden or Spain, we charge a fixed shipping fee of 9.95 euros. Shipping is free-of-charge for orders of 200 euros or more. The minimum order amount is 100 euros.
(7) The redemption of BREE online coupons is in accordance with the specific applicable redemption terms and conditions of the respective voucher, for example minimum order quantity, minimum order value, period of validity etc. These will be notified separately when the coupons are issued. Only one coupon can be redeemed per purchase. This cannot be combined with any other discounts. A cash payment or a later setting off against previous orders is not possible. Selling on is not permitted. In case of returns, discounts will be set off pro-rate in accordance with the value of the return.
(8) Should goods be delivered with obvious damage to the packaging or the contents, the Customer must make an immediate complaint to the delivery agent concerned, regardless of the warranty rights of the Customer, and must reject acceptance. The Customer must also make immediate contact with the BREE online store via the German hotline: 05136 / 89 76 200* or by an alternative means (email, fax, post), so that the BREE online store can assert any rights in relation to the delivery company. Germany: The costs of a call to a German landline will be charged. The amount of the charge depends on your tariff and provider.
7. Dispatch, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we will determine the reasonable means of transportation and the shipping company at our discretion.
(2) We shall only be responsible for the timely and proper delivery of the goods to the shipping company and shall not be responsible for delays caused by the latter. Therefore, a shipping duration named in the webshop shall be non-binding.
(3) The risk of possible destruction, damage or loss of the delivered goods shall be assigned to the Customer once the goods are delivered to him or her or the Customer enters acceptance default.
(4) We will insure the goods against the usual transportation risks at our expense.
8. Retention of title
(1) We shall retain the ownership of the goods delivered by us until full payment of the purchase price in respect of the item(s) concerned has been received (including value added tax and shipping costs).
(2) The Customer shall not be entitled to sell on the goods delivered by us which are subject to retention of title without our prior written consent. In case of selling on, the Customer hereby assigns to us the claims arising out of the sale to the amount of the purchase price to be paid to us, plus a 20% surcharge. We hereby authorise the Customer to collect the assigned claims in the course of normal business operations, whereby we can revoke the said authorisation at any time in case of payment default on the part of the Customer.
(1) Unless expressly agreed otherwise, the statutory warranty provisions shall apply. Should the delivered goods demonstrate material defects, the Customer shall be entitled to choose between correction of the defects or the delivery of defect-free goods. We shall be entitled to refuse the type of supplementary performance chosen by the Customer if this is only possible with disproportionately high costs.
(2) Should the supplementary performance in accordance with Number 8 (1) fail, should it be unreasonable to the Customer or should we reject supplementary performance, the Customer shall be entitled to rescind the sales agreement, reduce the purchase price, bring a claim for damages or demand reimbursement of his or her futile expenses. The separate provisions of Number 10 of these general terms and conditions of business shall also apply in respect of damages claims on the part of the Customer.
(3) The warranty period shall be two years from the time of receipt of the delivery.
(4) The following shall apply in relation to entrepreneurs only: The Customer shall immediately and carefully inspect the goods following delivery. The delivered goods shall be deemed to have been accepted by the Customer if a defect is not notified to us (i) in case of obvious defects within five working days of delivery) or otherwise (ii) within five working days of discovery of the defect.
(1) Regardless of legal reason, we shall only incur liability in case of intent and gross negligence, also on the part of our representatives or vicarious agents.
(2) In case of simple negligence, we shall only incur liability as follows:
a) for losses connected to injury to life, body or health,
b) for losses due to the breach of a significant contractual obligation (a duty whose fulfilment is absolutely necessary for the proper performance of the contract and on whose compliance the contracting partner relies and may rely); in such a case, our liability shall however be limited to compensation for the foreseeable and typically occurring loss.
(3) When a customer chooses to provide BREE with a text in order to personalize a specific product, BREE cannot be held responsible for conveying any incorrect messages. This exclusion of liability also accounts for any property right infringements, which are ultimately a result of the customer´s wish.
(4) The restrictions of liability above shall not apply if we have fraudulently concealed a defect or have provided a guarantee in respect of the quality of the goods. The same shall apply to claims in accordance with the German Product Liability Act (Produkthaftungsgesetz).
11. Data protection
(1) We may process and save the data connected to the respective sales agreements, provided this is necessary for the performance and execution of the sales agreement and should we be required to store the said data due to statutory regulations.
(2) We reserve the right to forward personal data of the Customer on to credit agencies should this be necessary for the purpose of a credit check, provided that the Customer has declared his or her express agreement to such in an individual case. Otherwise, we shall not forward the personal customer data on to third parties without the expressly declared agreement of the Customer, unless we are legally obliged to hand over such information.
(3) Please also consider the data protection declaration at http://bree.com/privacy/.
12. Applicable law and place of jurisdiction
The sales agreement between ourselves and the Customer shall be subject to the law of the Federal Republic of Germany with reservation of mandatory regulations under international private law and to the exclusion of the UN Convention on the International Sale of Goods.
13. Alternative dispute settlement
The European Commission provides an online dispute resolution platform (OS), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes. We are basically ready to participate in an out-of-court arbitration procedure.