General Terms and Conditions (GTC)
General Terms and Conditions (GTC) and Customer Information of Breitsamer & Ulrich GmbH & Co. KG
1. scope of application / contracting party
These General Terms and Conditions apply to all contracts that you conclude with us, Breitsamer & Ulrich GmbH & Co. KG, via our online store. Unless the parties have agreed otherwise, deviating, conflicting or supplementary general terms and conditions of the customer, even if known, shall not become part of the contract. Individual agreements of the parties always have priority.
Your contractual partner is Breitsamer & Ulrich GmbH & Co. KG, Berger-Kreuz-Str. 28, D-81735 Munich, phone: +49 89 45 05 62 – 0, fax: +49 89 45 05 62 – 20, e-mail: email@example.com.
2. delivery / prices / shipping costs
We deliver only within the Federal Republic of Germany. If you wish a delivery to other countries within the European Union, please contact us by e-mail: firstname.lastname@example.org Please refer to the respective item description for the delivery time.
All prices are total prices, i.e. they contain all price components including the legal value added tax.
In addition to the stated prices, we charge per order the shipping costs stated in the respective item offer or in the delivery and shipping costs table.
3. conclusion of contract / contract language / correction of input errors
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can submit your offer by placing the desired items in the virtual shopping cart (click on the button “Add to Cart” and “Show Cart”) and after going through the shopping cart process by sending the items placed in the cart (click on the button “Buy Now”) to us. The confirmation of receipt of the order will be sent by e-mail immediately after sending the order and does not constitute acceptance of the offer. We can accept your order (offer) by requesting payment after the order is placed, by sending an order confirmation by e-mail or by delivering the goods within five days.
The contract is concluded exclusively in German.
You can correct input errors in the online store before submitting your order using the technical means provided in the online store and the usual functions of your keyboard/mouse. You can also cancel the process at any time by closing the browser window. By clicking the “Buy now” button, you have made a binding order (offer); input errors can no longer be corrected thereafter.
The customer can pay by prepayment or PayPal.
We ask you to transfer the invoice amount to our bank account within 7 days from the date of payment request
You pay the invoice amount via the online provider PayPal directly through your PayPal account. To do this, you must be registered there or register first. After submitting your order, you will be redirected to the PayPal page, log in and release the payment there. PayPal will then process the payment immediately afterwards. You will receive further instructions during the ordering process.
5. retention of title
The goods remain our property until full payment.
6. cancellation policy for consumers
According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
If you act as a consumer, the following right of withdrawal applies to you:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us (Breitsamer & Ulrich GmbH & Co. KG, Berger-Kreuz-Str. 28, D-81735 Munich, Tel: + 49 89 45 05 62-0, E-Mail: email@example.com) by means of a clear declaration (e.g. a letter sent by mail or an e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Exclusion of the right of revocation
Pursuant to Section 312g (2) of the German Civil Code (BGB), the right of revocation does not exist for contracts
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- for 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.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
- To Breitsamer & Ulrich GmbH & Co. KG, Berger-Kreuz-Str. 28, 81735 Munich, Fax: +49 89 45 05 62-20, E-Mail: firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us () for the purchase of the following goods (*)/provision of the following service (*) ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________
- Ordered on (*) / received on (*) ___________________________
- Name of consumer(s)_____________________________
- Address of consumer(s)___________________________
- Signature of consumer(s) (only in case of paper communication) _______________________
- Date _______
(*) Delete where not applicable
7. contract text storage
The contract text is stored by us, but is not accessible to you. The contract text will be sent to you immediately after The contract text is stored by us, but is not accessible to you. However, the contract text will be sent to you immediately after submitting your order together with the cancellation policy and the terms and conditions / customer information by e-mail. Furthermore, you can print out the order data immediately after submitting the order.
8. information on liability for defects
The provisions of the statutory liability for defects apply. In case of defects or if you have any questions, please contact our customer service:
Letter: Breitsamer & Ulrich GmbH & Co. KG, Berger-Kreuz-Str. 28, 81735 Munich, Germany
Phone: + 49 89 4505620
Fax: +49 89 45056220
9. Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. However, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the state in which the consumer has his habitual residence.
10. complaint procedure / dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr. Our e-mail address is: email@example.com
We will endeavor to settle any disagreements arising from our contract with the customer amicably. Beyond that, we are not obligated to participate in a dispute resolution procedure and unfortunately cannot offer our customers participation in such a procedure.