These general terms and conditions of business shall be applicable to all declarations of intent, contracts and agreements as well as legal acts or quasi legal acts between BramkampWeirich GbR and its customers (hereinafter called "the customer"). The customer’s general terms and conditions of business of a customer not being commensurate with the following conditions and terms shall be inapplicable. We expressly object to any counter-confirmation made by the customer invoking his own terms and conditions relative to general business and/or purchase transactions. Such terms and conditions shall not become part of any agreement unless they are expressly acknowledged in writing by BramkampWeirich GbR.

 

2. Conclusion of contract

 

Information and data provided on the bramkamp.info website shall not constitute a binding contractual offer. Submission of an order by the customer shall constitute a binding offer for concluding a purchase contract. BramkampWeirich GbR may accept such offer by making an express declaration of acceptance within a two week period. The dispatch of ordered goods or the sending of an invoice to the customer shall be equivalent to an express declaration of acceptance.

 

3. Delivery

 

3.1. Incoming orders from the Federal Republic of Germany shall be shipped by BramkampWeirich GbR to the delivery address designated by customer, unless otherwise agreed.

 

3.2. Orders from other countries shall be made available after payment by PayPal by BramkampWeirich GbR for pick-up by customer or by a transport company authorized by customer. The details of delivery may be arranged via e-mail at order@bramkamp.info. If the customer designates a delivery address outside the Federal Republic of Germany, customer herewith authorizes BramkampWeirich GbR to mandate a transport company with delivery of the goods on customer’s behalf, unless otherwise agreed.

 

3.3. If the customer should order more than one article that are not immediately available and thus cannot be shipped together, BramkampWeirich GbR shall deliver these articles in two or more partial consignments depending on availability, unless such delivery by instalments evidently is of no interest to the customer on account of a functional correlation of the articles, or for other reasons. Shipment costs incurred pursuant to paragraph 5 will be charged to the customer only once.

 

3.4. Should an ordered item be shipped through a forwarding agency, that item is delivered to the customer’s domicile front door. Any other transport services going beyond that scope may be contracted with the carrier by the customer, provided however, the latter having to pay any additional costs arising therefrom directly to the carrier.

 

4. Prices, shipment costs, payment

 

4.1. The prices quoted at the time when the order is placed shall be applicable. All prices are exclusive of packaging and shipment costs. The customer shall bear such costs. If a transport company is entrusted with shipments of ordered merchandise to non-EU states additional charges and customs duties may be incurred which will also be borne by the customer.

 

4.2. It shall be optional for the customer to have ordered merchandise delivered c.o.d. or to pay the bill via bank transfer (only in the case of prepayment) or via PayPal. BramkampWeirich GbR reserves the right in individual cases to exclude certain modalities of payment or to make deliveries only on the basis of prepayment.

 

5. Times of delivery

 

5.1. Unless other times of delivery are specified in writing, BramkampWeirich GbR shall deliver ordered goods without delay, however not later than 7 days after conclusion of a relevant contract, or within 7 days after receipt of payment in the case of prepayment. The time of delivery is observed if and when the merchandise in question has left the warehouse within that time limit.

 

5.2. If customer authorizes BramkampWeirich GbR to assign a transport company on customer’s behalf with shipment in abroad /paragraph 3.2), the time of delivery is observed in the moment the merchandise in question is made available for pick-up by BramkampWeirich GbR.

 

5.3. If the delivery time should be exceeded, the customer shall grant BramkampWeirich GbR a reasonable additional respite.

 

6. Non-delivery

 

6.1. If an ordered item cannot be delivered at all or if it cannot be delivered temporarily, BramkampWeirich GbR shall advise the customer on such circumstance without delay after receipt of the latter’s order and shall keep him informed periodically thereafter.

 

6.2. In the case of withdrawal from a contract, a purchase price already paid shall be refunded without delay. Claims for damages by the customer are excluded unless BramkampWeirich GbR is responsible for non-delivery.

 

7. Reservation of title

 

7.1. Until complete payment of the purchase price, a delivered item shall remain the sole property of BramkampWeirich GbR.

 

7.2. If the customer is a merchant, a legal person under public law or a separate fund under public law, BramkampWeirich GbR retains all title with regard to the delivered item until all claims already existing at the time of conclusion of a relevant contract, including all claims arising from follow-up orders and repeat orders (hereinafter called "total claim") have been satisfied and performed.

 

7.3. If the customer is a merchant and if the order in question relates to the operation of his business, he shall fully assign - already at this point of time and for security purposes - to BramkampWeirich GbR any claim which he might acquire through a resale against the buyer. The customer shall have the revocable right to collect such claim. BramkampWeirich GbR will only revoke authorization for collection of a claim and will only collect assigned claims itself if the customer should be in arrears with obligations for payment vis-à-vis BramkampWeirich GbR or if an opening of insolvency proceedings concerning the customer’s property was requested.

 

8. Liability

 

8.1. No claim for damages in connection with neglect of duties and tortious acts, as well for reimbursement of wasted expenses shall be admissible against BramkampWeirich GbR unless a damage was caused by deliberate action or gross negligence.

 

8.2. This limitation shall not apply to breaches of major contractual duties, to damages to persons as well as to any damage which would arise from the non compliance with BramkampWeirich GbR´s express representation with respect to features of the item (Fehlen zugesicherter Eigenschaften) or in respect of which liability is statutory under the Product Liability Act.

 

8.3. Unforeseeable damages and consequential damages caused by a defect shall be excluded from liability unless such damage was caused deliberately or intentionally.

 

8.4. BramkampWeirich GbR recommends its products to not being used by anyone under the age of 16 years. BramkampWeirich GbR rejects any liability in connection with national assignments of movie ratings by age.

 

9. Prohibition of set-offs

 

The customer shall not be entitled to setting off claims unless a relevant counter-claim is not disputed by BramkampWeirich GbR or unless such claim has become res judicata.

 

10. Protection of data privacy

 

BramkampWeirich GbR shall use the data provided by the customer, such as name, address, phone-number, facsimile-number and e-mail address, exclusively for processing orders and for the benefit of all other contractual relations with the customer. No such data shall be given to third parties. BramkampWeirich GbR´s data protection practice conforms to the Federal Data Protection Act (BDSG) and Teleservices Data Protection Act (TDDSG).

 

10. Final provisions

 

10.1. The contract shall be governed exclusively by the laws of the Federal Republic of Germany. Application of the UN uniform law on the international sale of goods is excluded. If the customer is a consumer, the provisions of consumer protection law prescribed as mandatory in the country where the customer habitually resides shall be additionally applicable, provided that they offer the customer more extensive protection.

 

10.2. If the customer is a merchant, a legal person under public law or a separate fund under public law, the exclusive venue for all claims arising from the contract shall be Berlin.

 

Version: June 08, 2005