Terms of service
GENERAL BUSINESS TERMS AND CONDITIONS
Article 1 – GENERAL
1.1 The following General Business Terms and Conditions ("Terms and Conditions") of BrandBrandNew UG, Bouchéstraße 12, Halle 20, 12435 Berlin, Germany, (local court of Berlin Charlottenburg, HRB 223923) ("BBN") are valid for any and all agreements on the purchase and delivery of products (as defined below), entered into by a consumer resident or located in Germany, in another Member State of the European Union (EU), in the United Kingdom, Norway, Iceland or in Switzerland (individually "Customer") with BBN via the website www.heatle.de ("Website").
Orders from other countries are generally possible, but the delivery area is strictly limited to Germany, another Member State of the EU, the United Kingdom, Norway, Iceland and Switzerland, i.e. there will be no deliveries outside the named area. However, the product can always be picked up at BBN's headquarters.
1.2 "Products" mean the products developed by BBN, including accessories, which a Customer can buy ""via the Website's on-line shop.
1.3 The inclusion of the Customer’s own General Terms and Conditions of Business is hereby objected to, i.e. said conditions will not be applicable even if BBN was aware of them and a purchase materialises. Application of such conditions requires BBN’s express written consent.
1.4 BBN’s offer is exclusively addressed to persons of legal age. BBN does not offer any products for purchase by minors. This also applies to any products for minors. By placing the order, the Customer at the same time confirms that he has reached the age of majority.
Article 2 - PURPOSE AND SCOPE
2.1 The purpose of these Terms and Conditions is to stipulate the terms and conditions for the purchase and sale via distance selling between BBN on the one hand and the Customer on the other. They apply to any order of Products placed by a Customer on the Website ("Order"), namely in the version respectively applicable at the time the Order is placed.
2.2 The Terms and Conditions will be provided to the Customer on the Website where they can be consulted directly, and they can also be communicated via e-mail or post if so requested.
2.3 The Terms and Conditions are enforceable with regards to the Customer, who confirms that he has read and accepted them by activating a control box designated for this purpose during the ordering process on the Website. Confirming the Order by the Customer’s confirmation presents the acceptance of the General Terms and Conditions of Sale by the Customer, as applicable on the day of ordering.
2.4 The Customer is recommended to download the Terms and Conditions from the Website when placing an Order. The company reserves the right to amend the Terms and Conditions at any time.
Article 3 - PRODUCTS; SPECIAL PROVISIONS REGARDING "HEATLE"
3.1 Offers and descriptions, including descriptions of Products on the Website in leaflets, adverts, brochures, other advertising material are - also with regard to price information - subject to change.
3.2 SPECIAL PROVISIONS REGARDING "HEATLE"
3.2.1 Development, pre-sale and manufacturing of the Product "Heatle":
The Customer is aware of the fact that the Product "Heatle" is still in the development phase, i.e. it is being further developed by BBN and will only be manufactured when and if an Order has been placed by the Customer. The Products are nonetheless described and presented as accurately as possible by BBN. Due to the continued development work, the individual manufacturing process which has yet to occur, but also e.g. due to a change in the legal or regulatory preconditions and requirements, deviations of the Product, e.g. in terms of colour, size or composition may occur.
As a consequence, there will be a pre-sale by BBN. This means that BBN takes Orders from the Customers and accepts them within the framework of the provisions of these Terms and Conditions; the Customer purchases and pays for the Product "Heatle" in advance directly after the purchase.
Delivery by BBN will then be made within eighteen (18) months from the date of purchase (also see Article 7 - Delivery below).
3.2.2 Revocation of the Order by the Customer and refund of the purchase price
BBN offers the Customer a special rescission right with regard to the Product "Heatle" as follows: The Customer may at any time after having placed the Order and up to the commencement of manufacturing rescind the Order without giving any reasons therefor. BBN will notify the Customer in due time before commencing manufacturing.
3.2.3 Development or manufacturing stop; rescission by BBN
The Customer understands and accepts that the Product "Heatle" is still in the development phase when placing his Order and will still have to be manufactured following completion of the development process.
BBN is therefore entitled to rescind the contract with the Customer at any time regardless of the reason, e.g. if the scientific or economic circumstances of development or manufacturing develop unfavourably for the Product or BBN, unexpectedly high or increased manufacturing costs arise or other events materialise, which make a continued development, manufacturing, sale or delivery, or pursuit of the Product "Heatle" overall seem unreasonable from BBN’s perspective.
3.2.4 In the event of revocation or rescission in accordance with the provisions set out above, be it by the Customer or BBN, BBN will ensure that the Customer will be refunded all amounts paid as soon as possible, however, within one (1) month at the latest.
3.3 Availability of Products
Within the framework of the pre-sale and during the contractual relationship, the Customer will in particular be informed:
- that the Product ordered is not yet available on the day of ordering;
- that pre-sales are temporary offers for Products for which manufacturing has not yet started;
- that such Orders are subject to certain delivery periods in accordance with article 7.2 of these Terms and Conditions; and
- of the date of the start of manufacturing.
Article 4 - CONCLUSION OF THE CONTRACT; ORDERING THE PRODUCTS ON THE WEBSITE
4.1 Conclusion of the contract - To place an Order, the Customer fills his virtual shopping cart with the selected Products and desired quantities, then clicks on the "Continue to payment" button and enters information on the delivery and method of payment.
Before the Customer clicks on the "Confirm order" button, he can check the details of his Order and its total price and return to the previous pages to correct mistakes, if any, or to possibly change his Order.
Confirmation of the Order also presupposes acceptance of the Terms and Conditions and forms part of the contract with the Customer.
The company will send an e-mail confirming receipt of the Order and its payment as soon as possible.
4.2 Changing the Order - Any change to the Order by the Customer following confirmation of his Order is subject to acceptance by the company, unless stipulated otherwise, e.g. in article 3.2.2. The company reserves the right to modify the Product ordered.
4.3 Validation of the Order - The Company reserves the right to decline Orders for legitimate reasons.
4.4 The purchase contract is entered into when the Customer sends the confirmation of his Order via the "Confirm order" button.
4.5 BBN will archive communication, Orders and invoices in accordance with the statutory requirements.
Article 5 - RIGHT OF WITHDRAWAL FOR CONSUMERS
Consumers are entitled to a statutory right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB)).
CAUTION CONCERNING THE RIGHT OF WITHDRAWAL
Right of withdrawal
You may withdraw from this contract within fourteen days (14) without giving any reason. The time limit will begin upon receipt of this caution in text form, however, not prior to receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not prior to the first partial delivery) and also not prior to fulfilment of our information duties in accordance with article 245, section 2 in conjunction with section 1 (1) and (2) of the Introductory Act to the German Civil Code (Einführunsgesetzbuch zum Bürgerlichengesetzbuch, EGBGB) as well as our duties in accordance with section 312g (1) sentence 1 BGB in conjunction with article 246, section 3 EGBGB.
To exercise your right of withdrawal, you must notify us by way of a clear statement (e.g. by way of a letter sent by post, by telefax or e-mail) of your decision to withdraw from this contract. You may use the attached withdrawal form for this purpose, which is, however, not mandatory.
The deadline for withdrawal is deemed to have been met if you dispatch the notification to exercise the right of withdrawal before the deadline expires. Any withdrawal must be addressed to:
By post: BrandBrandNew UG, Bouchéstr. 12, Halle 20, 12435 Berlin
Via e-mail: email@example.com
Consequences of withdrawal
If you withdraw from this contract, we are obliged to repay all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choosing a form of delivery other than the lowest-priced standard form of delivery offered by us), without undue delay and no later than within fourteen (14) days from the day on which we have received the notification of your withdrawal from this contract. For making this repayment, we will use the same method of payment which you used for the original transaction, unless specifically agreed otherwise with you; in no case will you be charged further fees for this repayment.
We may refuse repayment until we have received the goods back or until you have proven that you have returned the goods, whichever date is earlier.
You are obliged to return or hand the goods back to us without undue delay and in any case within fourteen (14) days at the latest from the day on which you have notified us of the withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen (14)-day period. You will have to bear the direct costs of returning the goods.
You are only responsible for a loss in value of the goods, if any, if said loss in value is due to having handled the goods in a way which is not required for checking the condition, features and functionality of the goods.
The right of withdrawal does not exist for agreements:
- on the delivery of goods which have not been pre-assembled and the manufacturing of which is based on an individual selection or determination made by the consumer (goods in accordance with Customer’s specification) or which are clearly tailored to the personal needs of the consumer;
- on the delivery of goods which can perish quickly or the expiry date of which would quickly be exceeded;
- in the case of distance selling agreements on the delivery of audio or video records or software, if the delivered data carriers have been unsealed by the consumer;
- with regard to the conclusion of magazine subscriptions, if the value of the subscription does not exceed EUR 200.00 and the delivery of individual newspapers and magazines.
The right of withdrawal expires early for agreements:
- on the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed following delivery;
- on the delivery of goods if, due to their specific condition, they have been inseparably mixed with other goods following delivery;
- in the case of distance selling agreements on the delivery of audio or video records or software, if the data carriers were delivered in a sealed packaging and the seal has been removed following delivery.
- End of the statutory caution concerning the right of withdrawal -
Withdrawal form: If you wish to withdraw from the contract, please complete the following standard form and return it to us. (*) Please delete as applicable.
By post: BrandBrandNew UG, Bouchéstr. 12, Halle 20, 12435 Berlin
Via e-mail: firstname.lastname@example.org
I/we (*) hereby withdraw from the contract on the purchase of the following goods (*)/the rendering of the following service (*) entered into by me/us (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Date / signature of the consumer(s) (only if communicated on paper)
Article 6 – PRICES
6.1 All prices stated are subject to change. The prices are in Euro and inclusive of the statutory value added tax. The sales price of the Product is the price valid on the day of ordering.
6.2 Delivery and shipping costs arising in addition, if applicable, are not included in the prices and are communicated separately to the Customer.
Deliveries to countries outside the EU may be subject to additional costs in individual cases, which are to be borne by the Customer (e.g. exchange rate or remittance fees, taxes, import levies, customs duties). Such costs may also be incurred in connection with the remittance of money if the delivery is not made to a country outside of the EU, but the Customer nonetheless effects payment from a country outside of the EU.
6.3 The total amount will be stated in the summary of the Order before the Customer accepts these Terms and Conditions, validates his Order, provides his delivery and invoice details and, if applicable, enters and validates vouchers and proceeds with payment. Subject to the provisions in article 6.2, the total amount is usually stated inclusive of all taxes and shipping costs.
6.4 The Order of the Products on the Website is payable on the day of ordering in full in Euro. If payment is not made in full, the Order cannot be considered.
6.5 The Customer guarantees to the company that he has received the requisite authorisations to use the payment method selected when placing the Order.
6.6 The company reserves the right to suspend the execution and / or delivery of an Order irrespective of the type and extent of execution in the event of default or partial payment of an amount possibly owed by the Customer to the company, or to stop the said execution and / or delivery in the case of overdue debt, or in the case of fraud or intended fraud in connection with the use of the Website and payment of an Order.
Article 7 – DELIVERY
7.1 The Products offered on the Website may be delivered throughout Germany as well as to the Member States of the EU, Norway, Iceland, the United Kingdom and Switzerland, i.e. there will be no deliveries outside the named area. However, the Product can always be picked up at BBN's headquarters.
7.2 With regard to Orders placed within the framework of the pre-sale for Product "Heatle", the company undertakes to deliver its Products within eighteen (18) months from the date of purchase. By accepting the Terms and Conditions of Sale, the Customer confirms that he has been made aware of the fact that manufacturing of the Product ordered in advance has not yet commenced.
7.3 The Customer will be notified of his delivery via e-mail once his Order is completed. The ordered Products will be delivered to the delivery address specified by the Customer when placing the Order.
The Customer must ensure that the information provided by him is correct and that it continues to be correct until complete delivery of the ordered Products.
The Customer therefore agrees to notify the company without undue delay of any changes in the invoicing and delivery details which may arise between the placement of the Order and delivery by sending an e-mail to the following address: email@example.com, in which the Customer explains the changes in a manner comprehensible for BBN.
Any consequences of a breach of the obligation to cooperate will be at the Customer’s expense, in particular, delays, delivery errors or additional delivery costs.
Neither is the Company liable if non-receipt of the Products is attributable to the action of a third party beyond its intervention or in the event of theft.
In the event the Order is returned due to the Customer’s absence, the company’s Customer Service will contact the Customer to carry out a second delivery.
7.4 If the ordered Product is not delivered within the period provided for in the Terms and Conditions, the Customer may, after having unsuccessfully requested the company to fulfil its delivery obligation within a reasonable additional grace period, terminate the contract in writing.
Delivery will basically take place by and at the risk of the company, unless the Customer has appointed a forwarding agent; in this case delivery will take place at the risk of the Customer.
Article 8 - OTHER OBLGATIONS OF THE CUSTOMER
8.1 Before putting a Product into operation, the Customer is obliged to take note of and follow the product and operating information supplied with a Product, this in particular regards the instructions for use and any hazard warnings.
8.2 The Customer will use the Website for his personal use only and to the legally permissible extent. In particular, the Customer undertakes not to:
- use the Website in an illegal manner, for illegal purposes or in any way which is inconsistent with these Terms and Conditions;
- sell, copy, reproduce, lease, lend, distribute, transfer or sub-licence, decompile, reverse engineer, disassemble, modify, display in legible form the entire or part of the content appearing on the Website, attempt to identify or use a source code or use a software which activates or comprises the Website in its entirety or parts of the Website;
- try to gain unauthorised access to the computer system of the Website or undertake activities which impair the quality, performance or functionality of the Website;
- use the Website for unlawful purposes by deliberately implementing viruses or other harmful programmes, and try to gain unauthorised access to the Website;
- violate and / or sell and / or attempt to resell the company’s intellectual property rights to third parties;
- depreciate/belittle the Website and /or Products as well as the company in social media and other means of communication.
Article 9 - LIABILITY FOR DEFECTS, PRODUCT CHECK
9.1 Should one of the Products be defective contrary to expectations, the provisions of statutory liability for defects will apply.
9.2 The Customer must check the Product and its packaging immediately upon receipt. To the extent that the Customer is a consumer (section 13 BGB), he shall raise a complaint about delivered Products with obvious transport damages to the freight forwarder directly and notify BBN thereof. The Customer’s failure to do this will have no effect on any claims for defects.
9.3.1 BBN will be unconditionally liable to the extent that the damage has been caused intentionally or with gross negligence by BBN or a vicarious agent.
9.3.2 BBN will also be liable for any negligent breach of a material contractual obligation. Material contractual obligations are those which if breached jeopardise the fulfilment of the contractual aim or the fulfilment of which only makes the proper performance of the contract possible and compliance with which can generally be relied on by the Customer. BBN will in this case however only be liable for typically foreseeable damage. BBN will not be liable for any other negligent breaches. This limitation of liability also applies to BBN’s employees, representatives and vicarious agents.
9.3.3 The limitation of liability set out in clause 9.3.2 above does not apply to a violation of health, physical injury or loss of life, to a defect following the issuance of a corresponding quality covenant or a maliciously concealed defect or liability under the German Product Liability Act (Produkthaftungsgesetz).
Article 10 - INTELLECTUAL PROPERTY RIGHTS
10.1 Use of the name and trademark "BrandBrandNew", the name and trademark "Heatle", the logo, designs and models, the stylised letters, the figurative trademarks and all signs presented on this Website, is exclusively reserved to the company.
10.2 Downloading or copying elements from this Website will not grant any title or rights to any elements or software. It is strictly prohibited for the Customer to reproduce (other than for his personal and non-commercial use), publish, process, transfer, distribute, report, remove or delete this Website and the elements and software contained therein or to add anything to this Website, its elements or software, to modify or execute any work based thereon or to sell or participate in the sale of anything in connection with this Website, the elements of this Website or any software associated therewith.
10.3 Any use of company names, trademarks and separate labels of the company by the Customer is strictly prohibited, unless this has expressly been agreed in writing in advance by the company.
Article 11 - Force Majeure
11.1. Force Majeure means the occurrence of an event or circumstance which impedes a Party from fulfilling one or several obligations under the contract ("Obstacle") if and insofar as the Party affected by the Obstacle proves that (i) the Obstacle is beyond its reasonable sphere of control; and (ii) it was not reasonably foreseeable at the time the contract was entered into; and (iii) the effects of the Obstacle could not reasonably have been prevented or overcome by the affected Party.
11.2 Until proven otherwise, the following events affecting a Party are deemed to fulfil the prerequisites stipulated under article 11.1: (i) war (declared or undeclared), hostilities, attack, acts of foreign enemies, extensive military mobilisation; (ii) civil war, riot, rebellion, revolution, military or other seizure of power, uprising, acts of terrorism, sabotage or piracy; (iii) currency and trade restrictions, embargo, sanctions; (iv) lawful or unlawful official acts, compliance with laws or governmental orders, expropriation, seizure of works, requisition, nationalisation; (v) plague, pandemics, epidemics, natural disasters or extreme natural phenomenon; (vi) explosion, fire, destruction of equipment; long-lasting failure of transportation, telecommunications, information systems or power; (vii) general labour unrest such as boycotts, strikes and lockouts, slowdowns, occupation of factories and buildings.
11.3 A Party relying successfully on this article 11 will, from the time when the Obstacle renders performance of its duties impossible, be released from its obligation to fulfil its contractual obligations and from any indemnification obligation or from any other contractual remedy due to a breach of contract; provided that this is notified without undue delay. If the notification is not made without undue delay, such release will be effective from the time when the notification is received by the other Party. If the effect of the asserted Obstacle or event is temporary, the consequences presented directly above will only apply for as long as the asserted Obstacle prevents the performance of the contract by the affected Party. If the duration of the asserted Obstacle has the effect that the contracting parties are to a considerable extent deprived of what they legitimately could have expected by virtue of the contract, each Party will be entitled to terminate the contract by giving notice to the other Party within a reasonable period of time. Unless expressly agreed otherwise, the Parties expressly agree that the contract may be terminated by either Party if the Obstacle persists for more than 120 days.
Article 12 – OTHER PROVISIONS
12.1. These Terms and Conditions are provided to Customers in German and English. Both language versions are effective. Should there be a conflict between both versions, the German version shall prevail.
12.2 Should one or more of the provisions set out above be or become ineffective, the effectiveness of the remaining provisions will not be affected thereby. The ineffective provision will be replaced by an effective provision which conforms as closely as possible with the economic purpose of the ineffective provision. Section 139 BGB does not apply.
12.3 These Terms and Conditions are governed by and construed in accordance with the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any rules on conflict of laws. With regard to consumers, this choice of law will only apply insofar as the protection granted by mandatory provisions of the law of the foreign country in which the consumer has its habitual abode is not revoked.
12.4 The place of jurisdiction for all disputes under or in connection with these Terms and Conditions is Berlin, Germany.
12.5 No out-of-court dispute resolution before a consumer arbitration board. BBN is neither willing nor obliged to participate in any dispute resolution procedure before a consumer arbitration board. About the background: The European Commission provides a platform on the internet for the out-of-court resolution of disputes arising from on-line purchase or service agreements to which a consumer is a party under the following address: https://ec.europa.eu/consumers/odr/. BBN does not submit itself to this procedure.