Terms & Conditions
1. General
The following Terms & Conditions (subsequently referred to as:
Ts&Cs) shall apply to all goods and services offered by
Brenner's Park-Hotel GmbH. Differing provisions and conflicting
confirmations by the customer, possibly on the grounds of the
customer's own conditions or purchasing specifications, are hereby
rejected. Variations to these Ts&Cs shall only be effective if
confirmed in writing by Brenner's Park-Hotel GmbH (subsequently
referred to as: Brenner's).
2. Offers and Subject Matter of the Contract
Our offers are without engagement and non-binding. We reserve the
right to make changes.
You are able to order our goods by forwarding all order data to us
either by telephone or by email. Orders will only be accepted for
quantities deemed reasonable for households. We will inform you if
the goods ordered are not in stock.
On receiving your order you will be sent written confirmation of
the order which will also included the goods, the invoice and these
Ts&Cs. In individual cases such as supply difficulties or
international orders, we will send you notification of the
circumstances instead of the aforementioned order
confirmation.
All contracts are concluded between you (orderer) and us (vendor)
the Brenner's Park-Hotel GmbH, Schillerstraße 4/6, 76530
Baden-Baden.
3. Prices, Packaging and Shipment; Part
Deliveries
In principle, our prices are those quoted on our website and
stated at the time of ordering. Prices that vary from these,
possibly ones that are displayed on web pages that have been loaded
from buffers (browser cache, proxies), are not current and are
invalid. In cases of typing errors or errors in calculation we may
exercise our legal right of avoidance.
Prices of goods that are announced in advance are based upon
unbinding instructions from suppliers or manufacturers and may
change until the goods have been released for sale. Products
announced in advance may be ordered at the price shown. Neither the
price nor the date of release can however be guaranteed by
Brenner's. Should changes occur, Brenner's will contact the
customer before carrying out the order. If the customer does not
agree to the changes the order will not be completed.
The prices which we quote include value-added tax VAT. Packaging
costs and dispatch/shipment costs will be calculated separately.
The dispatch/shipment costs for Germany are €6.50; deliveries
beyond the German borders are dependent upon the mode of dispatch,
the weight and the shipment destination. Selecting the mode of
dispatch is made according to the feasible alternatives and with
our best discretion or in accordance with the wishes of the
customer.
Regarding part deliveries which have been arranged or offered by
Brenner's, additional deliveries (from the 2nd part delivery
onwards) are carried out free of shipping costs. Special requests
by customers to split deliveries will result in shipping costs
being calculated for each part delivery. An overview of the
different means of shipment and payment and the corresponding basic
prices is published on our website.
4. Delivery Period
As far as possible, goods are dispatched within 6 days.
Delivery period details are only binding if we have agreed in
writing to a specific delivery date.
Should we be unable to dispatch the goods within 6 days, the
customer will be automatically informed via email. In this case,
the customer has at any time prior to dispatch the right to cancel
the order or carry out changes without charge, insofar as nothing
else has been agreed upon.
If it is not possible to dispatch the goods due to lack of
availability, the customer will be informed thereof without delay.
We remain entitled to relieve ourselves from the duty of
performance concerning immediate reimbursement of the services
already carried out by the customer.
5. Transfer of Risk and Warranty
Should the customer collect the goods from Brenner's premises, the
risk of accidental loss or damage shall pass to the customer as
soon as the goods change hands. Otherwise, the risk is passed to
the customer as soon as the goods have been delivered to the
customer by the contracted carrier.
The warranty begins with the handover of the goods and complies
with the legal provisions.
Written notice of obvious defects to the goods must be given
without delay and within 14 days of handover. If defects are not
reported in sufficient time, the goods are considered as having
been accepted. As a result, the customer's respective warranty
rights expire.
Brenner's assumes no responsibility for damages based on usual
wear or improper handling by the customer or a third party or due
to the customer or third party applying the goods in a way that is
either unusual or other than specified in the contract. The same
applies to alterations which the customer or third party has
carried out on the goods.
Should the customer be a Consumer, that means a natural person who
enters into a legal transaction for purposes that cannot be
attributed to their commercial or self-employed professional
activity (subsequently referred to as: Consumer), it shall be
assumed that in the case of a defect, according to § 476 of the BGB
(German Civil Code), occurring within the first 6 months of the
transfer of risk, that the item was already defect at the time of
the transfer of risk. If the customer is not a Consumer or the
6-month period has elapsed, the customer has to prove that the
defect already existed at the transfer of risk.
In cases of force majeure both parties shall be entitled to cancel
the contract. In this instant, the other party cannot claim
damages.
Should the customer be an Enterprise, that means a natural or
legal person, who enters into a legal transaction for purposes
attributable to their commercial or self-employed professional
activity (subsequently referred to as: Enterprise), the period of
limitation for warranty claims is one year.
6. Liability Limitations
The following limitations of liability do not apply to
damages resulting from malicious intent or gross negligence by
Brenner's, its legal representatives or vicarious agents, as well
as to injury to life, limb or health.
Irrespective of the legal grounds, the liability for damages of
Brenner's, its legal representatives or vicarious agents is limited
to typical, foreseeable damage. If the damage is not the result of
a general breach of contract, the compensation for damages is
nevertheless limited at the utmost to ten times the amount of the
order value.
7. Payment
Invoices are issued for all deliveries. Insofar as no other
agreement has been made, the invoices from Brenner's shall be paid
upon receipt and in full.
The customer has the choice of different methods of payment
dependent upon the order amount, the mode of shipment and the
shipment destination. The different possibilities can be viewed on
our website under Order Information.
Brenner's reserves the right, in individual cases or if a credit
institute or provider of the particular method of payment denies
payment, to carry out the order only under collect on delivery
terms or by advance payment.
Costs which occur as a result of reversing a payment transaction
due to lack of funds or as a result of incorrectly transmitted data
by the customer will be charged to the customer. Payment by cheque
does not constitute formal payment and cheques may be returned at
anytime. In all cases, payment by cheque is only fulfilled once the
cheque amount is fully cleared and deposited in our bank
account.
Should payment be delayed, Brenner's shall be entitled to charge
interest on arrears of at least 5 percent above the current basic
rate of interest. The possibility of higher rates of interest due
to another legal basis remains unaffected.
The customer shall only have the right of offset with uncontested
and legally established counterclaims. The retention of payments by
the purchaser relating to counterclaims from other contracts shall
be excluded.
8. Title Retention
All goods delivered by Brenner's remain the property of
Brenner's until such items have been paid for in full and all
claims resulting from the transaction have been met. This shall
also apply to conditional claims. If the customer is an Enterprise,
the following provisions shall apply:
The delivered goods remain the property of Brenner's until such
items have been paid for in full and all claims resulting from the
business relationship have been settled. Seizures by third parties
of items owned by Brenner's must be notified by the customer
immediately. Costs for third party proceedings arising from such
encroachments or costs for settlements out of court are to be borne
by the customer. By way of security, the customer hereby
assigns any and all future claims to Brenner's (including without
limitation all balance claims from current account) resulting from
the resale and/or from any other legal basis thereof with respect
to the goods sold under retention of title. We hereby authorise,
subject to revocation, the customer to collect on its behalf and
for its account all claims assigned to us. This collection
authorisation may be revoked should the customer fail to meet its
payment obligations in an orderly manner.
9. Cancellation
Brenner's has the right to rescind the contract should the
customer no longer be creditworthy and payment of the goods is
deemed unsure. Alternatively, Brenner's can retain the deliveries
and services and set the purchaser a reasonable period of time for
advance payments or collateral security. With regard to the latter,
Brenner's has the right to rescind the contract on expiry of the
time limit set.
The customer has the right to withdraw from purchasing the ordered
goods at anytime up to the time of delivery insofar as nothing else
has been agreed in writing. Providing a reason for cancellation is
not necessary.
10. Cancellation Policy
This entire clause applies only to Consumers, that means any
natural person who enters into a legal transaction for purposes
that cannot be attributed to their commercial or self-employed
professional activity:
Right of Withdrawal
Without stating a reason, you may within one month withdraw in
writing (e.g. letter, fax, email) from the declaration of agreement
or - if the goods have been sent to you before the end of this
period - by returning the goods. The period of time begins upon
receipt of this instruction in writing but not before the goods
have been received by the consignee nor before fulfilment of our
information duties in accordance with the following: § 312c, para 2
of the BGB (German Civil Code) in connection with § 1, para 1, 2
and 4 of the BGB-lnfoV (Information Order to German Civil Code),
and not before fulfilment of our duties in accordance with § 312e,
para 1, sentence 1 of the BGB in connection with § 3 of the
BGB-lnfoV. The revocation period shall be deemed as having been
observed if the goods are returned or notice of revocation is given
within this period. The revocation is to be addressed to:
Brenner's Park-Hotel GmbH
Schillerstraße 4/6
76530 Baden-Baden
Germany
Email: information@brenners.com
Fax: +49-7221-38772
Cancellation Consequences
In the event of an effective cancellation, any payments received
by either party shall be returned and where applicable any benefits
received (e.g. from interest) surrendered. If you are unable or
only partly able to return the product/service received or only
able to return it in a deteriorated condition, you may be liable to
pay compensation in this respect. This shall not apply if such
deterioration is entirely attributable to the inspection of the
goods as for instance would have been possible in a retail store.
Compensation for deterioration must not be paid if this has
occurred by using the goods as intended.
Goods that can be sent as a parcel are to be returned to us at our
risk. You are to bear the costs of the return shipment if the
delivered goods are as ordered and the value of the goods to be
returned does not exceed 40 EURO or, if in the case of the goods
having a higher value, you have at the time of revocation not
performed the return service or the agreed partial payment.
Otherwise the return shipment is free of charge for you. Goods not
capable of being sent as a parcel will be collected from you.
Obligations to refund payments must be fulfilled within 30 days.
The period of time begins when you send your cancellation request
or the goods; for us upon its/their receipt.
11. Assignability of claims
The customer is hereby not entitled to assign claims from
the contract.
12. Data Protection
Brenner's will only collect, process and use the customer
data obtained during the order process to conduct the order in line
with data protection regulations. This also includes the saving and
use of such data to execute the orders and possibly deal with
complaints, whereas email addresses will only be used for
informative correspondence concerning the orders.
Brenner's will not pass personal customer data onto third parties.
Excluded from this are service partners who require the data to
carry out the order. In these cases the scope of data transferred
is nevertheless limited to the necessary minimum. The customer has
the right to information as well as a right to rectify, block and
delete their personal data. Appropriate declarations are to be sent
to the following address:
Brenner's Park-Hotel GmbH
- Data Protection Officer -
Schillerstraße 4/6
76530 Baden-Baden
Germany
Email: datenschutz@brenners.com
Fax: +49-7221-38772
13. Final Provisions
All rights and obligations of the contracting parties are
contained within these Ts&Cs. All other agreements or
declarations of intent by the contracting parties must be in
writing to ensure legal validity. This also applies to an amendment
of the written form requirement.
If the customer is an Enterprise, Baden-Baden shall be the place
of jurisdiction for all disputes arising from or in connection with
the order.
German law applies exclusively. The provisions of the UN Sales
Convention do not apply.
Should any of these provisions be, or become, fully or partially
invalid or unenforceable, the legal validity of the other
provisions shall not be affected by this. Ineffective provisions
are to be replaced by clauses whose commercial success corresponds
as closely as possible to the intentions of the invalid clause.
