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General Terms and Conditions |
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§ 1 Scope of Applicability
The following general Terms and Conditions, in the version currently valid at the time any order shall be placed, shall apply exclusively to any and all business relations between Brotherhood-Direct and the Customer. Brotherhood-Direct shall recognize no conditions of the Customer which may diverge from these Terms and Conditions, unless Brotherhood-Direct shall expressly and in writing agree to the validity of such divergent conditions.
§ 2 Conclusion of Contract
Your order shall constitute an offer to us for the conclusion of a contract of purchase. If you submit an order to Brotherhood-Direct, we shall send you an e-mail confirming the receipt of your order by our office, and listing the details of said order (Order Confirmation). This Order Confirmation shall not represent any acceptance of your offer, but shall only inform you that your order has been received by us. A Sales Contract shall only have been concluded when we shall have sent the product ordered to you, and shall have confirmed shipment to you via a second e-mail (Dispatch Confirmation). The said Contract shall have been concluded with Brotherhood-Direct.
Brotherhood-Direct does not offer any products for sale to minors. Even our products designed for children may be purchased only by adults.
§ 3 Revocation
There shall be no right of revocation for any item which shall have been unpacked or used. All products must be returned in their original condition.
§ 4 Delivery
Provided that no other arrangement shall have been agreed upon, delivery shall be carried out ex warehouse to the delivery address stated by the Customer. All statements regarding time of delivery shall be non-binding, unless a binding delivery time shall have been agreed upon in an exceptional case.
If the supplier of Brotherhood-Direct should not supply Brotherhood-Direct with the product ordered, despite a contractual obligation to that effect, Brotherhood-Direct shall be authorized to withdraw from the purchase contract with the Customer. In this case, the Customer shall be immediately informed that the product ordered is unavailable. Any payment already rendered shall then be immediately refunded.
§ 5 Due Date and Payment, Default
The Customer may render payment for any purchase only by credit card. If the customer shall default on any payment in full or in part, Brotherhood-Direct shall be authorized to demand interest on such arrears to an amount equal 5% over the base interest rate p.a. stated by the Federal Reserve Bank. If Brotherhood-Direct shall demonstrably have incurred damages due to said arrears greater that the above-stated amount, Brotherhood-Direct shall be authorized to claim said greater amount.
§ 6 Offsetting, Retention
A Customer may offset any payment due only if his counter-claim shall have been finally upheld in a court of law, or shall have been recognized by Brotherhood-Direct. Moreover, the Customer shall be authorized to retain payment only inasmuch as his counter-claim shall have been based upon the same contractual relationship as the payment retained.
§ 7 Reservation of Ownership
Any delivered product shall remain the property of Brotherhood-Direct until complete payment shall have been rendered.
§ 8 Liability for Defective Products
If any defect shall be determined in the product purchased, the Customer may demand post-fulfillment (defect removal or substitute delivery). If in case of a non-negligible defect, said post-fulfillment shall fail the customer may withdraw from the purchase contract, decrease the purchase price, or claim compensation for damages.
In as much as nothing different shall be stated hereinafter, the Customer shall have no right to make any claims beyond the above-stated, for any legal justification whatever. Brotherhood-Direct shall thus not be liable for any damage which may occur to any but the delivered item itself; nor shall Brotherhood-Direct under any circumstances be liable for any lost profit or other damage to the assets of the Customer. Inasmuch as the liability of Brotherhood-Direct shall be excluded or restricted, this shall also apply to the personal liability of all its employees, representatives and/or assigns.
The above-stated limitation of liability shall not apply in any case of damage caused by firm intent or gross negligence, or if an injury to any person shall have occurred. Furthermore, it shall not apply if the Customer shall assert any claim under Product Liability Law.
Inasmuch as Brotherhood-Direct shall by neglect violate any contractual obligation, the obligation compensation for property damages shall be restricted to the damage typically occurring.
If the post-fulfillment shall be accomplished through substitute delivery, the customer shall be obliged to return the product first delivered to Brotherhood-Direct within 30 days. If said product shall not be received by Brotherhood-Direct within this period, Brotherhood-Direct shall be authorized to submit a bill for the purchase price of the corresponding substitute product, and to debit the corresponding amount via the means of payment stated for payment.
The limitation period shall be twenty-four months, calculated as of the date of delivery.
§ 9 Protection of Data Privacy
Inasmuch as the possibility shall exist within the Internet offer to enter personal or business data (e-mail addresses, names, addresses), the divulging of said data on the part of the user shall occur on an expressly voluntary basis. The Customer may expressly avail himself of any services offered and render payment for the same without statement of such data, or by submitting such data anonymously or under a pseudonym, inasmuch as that shall be technically possible and reasonable. The use by third parties of the contact data published in the context of the imprint, or of comparable information, e.g., postal addresses, telephone and fax numbers, or e-mail addresses, for the purpose of the transmission of any information which shall not have been requested by the addressee shall not be permitted. Brotherhood-Direct expressly reserves the right to take legal steps against the sender or senders of any so-called spam mails in case of violation of this prohibition.
§ 10 Applicable Law
New York State law shall apply.
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