Terms of service
General Terms and Conditions (GTC) for the Online Shops of Brandtale a division of Textildruck Europa GmbH
§ 1 Scope of Application
(1) These GTC apply to the delivery of movable goods which you order via our online shop.
(2) Our offers and deliveries are made exclusively on the basis of these GTC. In relation to businesses, these GTC shall also apply to all future business relationships, even if they are not expressly agreed upon again. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is hereby rejected.
(3) The currently valid version of our GTC can be accessed and printed from the website.
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop merely constitutes a non-binding invitation to place an order.
(2) By clicking the button "Place order with obligation to pay", you submit a binding offer. You will then receive an order confirmation by email confirming receipt of your order. However, this confirmation of receipt does not yet constitute acceptance of your offer. A purchase contract is only concluded when we accept your order within one week by sending an order confirmation or by delivering the goods.
§ 3 Prices, Payment Terms, Default in Payment
(1) The offered purchase price is binding. It includes the applicable statutory VAT.
(2) Several payment methods are generally available to you.
Payment
The following payment methods are generally available in our shop:
Credit Card
When placing your order, you simultaneously provide us with your credit card details.
After your legitimization as the lawful cardholder, we will immediately request your credit card company to initiate the payment transaction after the order is placed. The payment transaction will be processed automatically by the credit card company and your card will be charged.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online payment provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate yourself with your login credentials, and confirm the payment instruction to us. After placing the order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. Further information will be provided during the ordering process.
Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account activated for participation in Sofort with PIN/TAN procedure, authenticate yourself accordingly, and confirm the payment instruction to us. Further information will be provided during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Amazon Pay
During the ordering process, you will be redirected to the Amazon website before completing the ordering process in our online shop. In order to process the order and pay the invoice amount via Amazon, you must be registered there or first register and authenticate yourself with your login credentials. There you can choose the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon, and confirm the payment instruction to us. You will then be redirected back to our online shop where you can complete the ordering process.
Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction will be processed automatically by Amazon. Further information will be provided during the ordering process.
Financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer installment purchase as a payment option. Please note that Klarna installment purchase is only available to consumers and that payment must be made to Klarna.
With Klarna’s financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95).
Further information about Klarna installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.
Purchase on Account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option.
Please note that Klarna invoice payments are only available to consumers and that payment must be made directly to Klarna.
When purchasing on account with Klarna, you always receive the goods first and always have a payment period of 14 days.
The full terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.
(3) The statutory provisions regarding the consequences of default in payment shall apply.
§ 4 Set-Off / Right of Retention
(1) You are only entitled to rights of set-off if your counterclaims have been legally established, are undisputed, recognized by us, or are synallagmatically linked to our main claim.
(2) You may only exercise a right of retention insofar as your counterclaim arises from the same contractual relationship.
§ 5 Delivery, Retention of Title
(1) Unless otherwise agreed, we will deliver the goods ordered by you to the address provided.
(2) The goods remain our property until full payment of the purchase price has been made.
§ 6 Right of Withdrawal
(1) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us:
Brandtale a division of Textildruck Europa GmbH, Grenzstraße 15, 06112 Halle (Saale),
Email: support@brandtale.eu
by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use our sample withdrawal form for this purpose, although this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the withdrawal period expires.
(2) Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
(3) Sample Withdrawal Form
If you wish to withdraw from the contract, please complete and return this form.
To:
Brandtale a division of Textildruck Europa GmbH
Grenzstraße 15
06112 Halle (Saale)
Email: support@brandtale.eu
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
Ordered on / received on
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper)
Date
(4) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or to the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 7 Liability for Defects
(1) In the event of a defect, we shall be liable in accordance with the statutory provisions unless the following provisions provide otherwise. You must notify us in writing of obvious defects within two weeks after the defect becomes apparent. If notification is not made within the aforementioned period, warranty rights shall expire. This shall not apply if we fraudulently concealed the defect or assumed a guarantee for the quality of the item.
(2) The limitation period for claims for defects in the delivery of new goods is two years from the transfer of risk. For used goods, the warranty period is uniformly one year from the transfer of risk. This shall not apply insofar as claims for damages due to defects are concerned. Section 8 shall apply to claims for damages due to defects.
(3) We do not provide guarantees in the legal sense.
§ 8 Liability for Damages
(1) We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In cases of slight negligence, we shall be liable for damages resulting from injury to life, body, or health.
(2) Otherwise, in cases of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract. This limitation of liability also applies in favor of our vicarious agents.
§ 9 Limitation of Our Own Claims
Contrary to Section 195 BGB, our claims for payment shall become time-barred after 5 years. Section 199 BGB shall apply with regard to the commencement of the limitation period.
§ 10 Place of Performance, Choice of Law, Jurisdiction
(1) Unless otherwise stated in this contract, our place of business shall be the place of performance and payment. The statutory provisions regarding jurisdiction remain unaffected unless otherwise stipulated in paragraph 3.
(2) This contract shall be governed by the laws of the Federal Republic of Germany. This shall not apply if special consumer protection provisions in the customer’s home country are more favorable (Art. 6 Regulation (EC) No. 593/2008).
(3) If you do not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.