Terms of service
Terms and Conditions
1. Scope
All orders placed through our online shop by consumers and entrepreneurs are subject to the following terms and conditions.
consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal power which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to this.
2. Contractual Partner, conclusion of contract
The purchase agreement is concluded with brainboost GmbH.
By substalking the products in the online shop, we make a binding offer to conclude the contract for these items. You can first add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order, you will receive a confirmation by e-mail.
3rd contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of Delivery
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs at the offers.
We only deliver by shipping route. Unfortunately, it is not possible to pick up the goods yourself.
5th payment
In our shop, the following payment methods are generally available to you:
credit card .br />By placing your order, you provide your credit card details. Once you are legitimized as a legitimate cardholder, the payment transaction will be automatically executed and your card will be charged.
PayPal/>In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. Further information can be obtained during the ordering process.
Immediately by klarna"br />After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount immediately, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment order to us. Further information can be obtained during the ordering process. Immediately afterthat, Sofort will process the payment transaction and charge your account
Google Pay/>In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment order. The paymentaction will be carried out immediately after placing the order. Further information can be obtained during the ordering process.
Apple Pay/>To pay the invoice amount via Apple Pay, you must use the Safari browser, where service provider Apple is registered, have activated the Apple Pay feature, legitimize yourself with your credentials, and confirm the payment order. The payment transaction will be carried out immediately after placing the order. Further information can be obtained during the ordering process.
purchase on account via Klarna/br />In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the purchase of invoices as a payment option. Please note that Klarna Invoice is only available to consumers and payment must be made to Klarna. When you buy on account with Klarna, you always get the goods first and you always have a payment period of 14 days. For the full terms and conditions for purchasing invoices, please .a href="https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0" target="_blank" rel="noopener noreferrer">here.
invoice/>You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
6. Right of withdrawal
consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made. .br />For entrepreneurs, the following applies in addition: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from this resale shall be made to us in advance, irrespective of any combination or mixing of the goods subject to retention of title with a new item, in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
For consumers: If goods with obvious transport damage are delivered, please complain to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For the entrepreneur, the risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The obligation to investigate and reprimand, as stipulated in Section 377 of the German Commercial Code (HGB), applies to merchants. If you omit the notification stipulated therein, the goods shall be deemed to have been approved, unless the defect is a defect which was not apparent during the investigation. This does not apply if we have fraudulently concealed a defect.
9. Warranties and Warranties
Unless expressly agreed otherwise below, the statutory liability for defects applies. .br />When purchasing used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that may be defects that may bedelivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. .br />For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected."br />To contractors, the agreement on the quality of the goods shall only be deemed to be our own information and the manufacturer's product descriptions, which were included in the contract; We assume no liability for public statements of the manufacturer or other advertising statements."br />If the delivered goods are defective, we shall first provide warranty to our contractors at our discretion by remedying the defect (repair) or by supplying a defect-free item (replacement delivery)."br />The above restrictions and reductions in the time limit do not apply to claims due to damages caused by us, our legal representatives or vicarious agents. in the event of intentional or grossly negligent breach of duty and fraudulent breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) "br />• within the scope of a guarantee promise, as far as the scope of the Product Liability Act is opened up. applicable additional warranties and their exact terms can be found in the product and on special information pages in the online shop.
10. Liability
For claims for damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, body or health.br />• in the event of intentional or grossly negligent breach of duty.br />• in the event of warranty promises, if agreed, or "br />] insofar as the scope of the Product Liability Act is opened. the liability of our legal representatives or vicarious agents is limited to the damage foreseeable at the time of conclusion of the contract, which the contractual partner can normally expect
to comply with.11. Dispute Resolution
The European Commission provides an online dispute resolution platform (OS) that you 'a href="https://ec.europa.eu/consumers/odr/" target="_blank" rel="noopener noreferrer">here . We are ready to participate in an out-of-court arbitration before a consumer arbitration body.
12. Final Provisions
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
.br />'a target="_blank" title="AGB" href="https://shop.trustedshops.com/en/rechtstexte/" rel="noopener noreferrer">AGB created with the .a target="_blank" title="Trusted Shops" href="https://shop.trustedshops.com/en/" rel="noopener noreferrer">Trusted Shops Legal textor in cooperation with "a target="_blank" title="FÖHLISCH Re"föhlISCH Attorneys .