TERMS & CONDITIONS
General terms and conditions of sale to consumers on the Brühl website www.bruhldryer.fr
Co-contracting company : Motorrad Venture MV GmbH, Am Schlag 1B, 35580 Wetzlar, Germany
I. Important information
1. The essential characteristics of the goods can be found in our online shop.
2. The total price of the goods, including VAT, is the price shown in our online shop.
Shipping costs of EUR 8.00 including VAT are added to this price for all orders to the European Union. Postage to the European Union is free for orders of EUR 200.00 and over.
Delivery costs to other countries or destinations, particularly overseas France, are calculated on a case-by-case basis. Please contact us at firstname.lastname@example.org
3. Your orders are governed by the legal provisions relating to warranties for defects in goods.
4. Once the contract has been concluded, we will store the text of the contract, including the general terms and conditions, for our own use. In the case of orders placed in our online shop, the details of your purchase are contained in the confirmation of receipt which we send to you by e-mail on receipt of your order. You are obliged to save this order confirmation permanently or print it out so that you always have the contents of the contract available in a durable form after the contract has been formed. You can save the future conclusion of the contract by saving the e-mail containing our confirmation of receipt.
5. When you placed your order in our online shop, you placed the selected items in the shopping basket. It is only when you click on the "Finalise order" button that you place a contractual order.
II. Order, conclusion of contract and delivery
The items shown in our catalogue, our online shop and in our current advertisements, together with the detailed descriptions, do not constitute a binding offer. You submit a legally binding offer to us when you place an order in writing and electronically (e.g. by e-mail) or in our online shop after clicking on the "Complete order" button. On the other hand, the mere intermediate storage in the shopping basket in our online shop does not constitute a legally binding offer.
If you place an order via our online shop, and only in this case, we will send you an acknowledgement of receipt by e-mail which is intended solely to inform you of the receipt of your order and which contains the details of your order. This acknowledgement does not constitute acceptance of your offer. The contract of sale governed by these General Terms and Conditions of Sale is deemed to be formed only on dispatch of the goods ordered by you, constituting acceptance of your offer. The sales contract is formed when the invoice is sent by email.
In the event of a delay in delivery or if it proves impossible to deliver all or part of your order, we will inform you as soon as possible.
All communication, including the conclusion of the contract, between our company and customers is possible in French or German. In our online shop, communication is also possible in English.
III. Subsequent delivery
In the event of partial delivery of missing items with your consent, you will of course not be charged any postage or packaging costs. We will bear these costs ourselves.
IV. Methods of payment
If you have a PayPal account, you can pay easily in just a few clicks via PayPal from our online shop. PayPal transfers the amount as soon as you have validated the payment with PayPal.
2. Payment by credit card
The Visa and MasterCard credit card payment process is handled by Wirecard. We do not have access to your personal data. Any bank charges are at your expense.
V. Reservation of title
We reserve ownership of the goods delivered until full payment has been received.
Sales and deliveries to customers in the European Union are subject exclusively to the prices indicated in euros at the time of your order - subject to errors - in the online shop.
All prices include the V.A.T. applicable in the country of destination and do not include shipping costs.
VII. Legal guarantee
All your orders are subject to the legal provisions in force. Accordingly, if the goods are delivered to you in a defective condition, you as the purchaser have the right to demand subsequent performance free of charge in the form of elimination of defects or delivery of goods free of defects. In this case, the goods will be repaired or replaced without any problems. If the form of subsequent fulfilment chosen by you is likely to involve unreasonably high costs, we shall be entitled to reject it in favour of the other form of subsequent fulfilment, provided that the latter does not also involve unreasonably high costs. The statutory warranty period is two years from the date on which the goods are handed over to the customer.
VIII. Limitation of liability
Our liability to pay compensation, for whatever legal reason (in particular in the event of delay or defects), is limited to the foreseeable damage arising from the contract. This limitation of our liability shall not apply in the event of intentional or grossly negligent conduct, warranty of characteristics, injury to life, body or health of others, and liability in accordance with the German Product Liability Act.
If you have a complaint, please contact us at email@example.com, explaining your request as clearly as possible and sending clear photos.
X. Right of withdrawal for consumers
1. Legal right of withdrawal
Only consumers or end customers benefit from the statutory right of withdrawal. Pursuant to § 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for a purpose that cannot be essentially attributed to his or her commercial or independent professional activity. This is why professional resellers, for example, do not benefit from the statutory right of withdrawal.
Below you will find information on the requirements and consequences of a statutory right of withdrawal for orders placed with the mail order service. This does not affect the contractual granting of rights that exceed the legal limits.
2. Information on the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, take possession of the last item, partial shipment or part.
In order to exercise your right of withdrawal, you must notify Motorrad Venture MV GmbH, Heidestrasse 4 35625 Hüttenberg, Germany, firstname.lastname@example.org of your decision to withdraw from this contract by sending us an unambiguous statement, for example by letter sent by post or by e-mail. For this purpose, you can use the model withdrawal form which we have provided for you, but which is not obligatory. The withdrawal period will be respected if you send us your declaration of exercise of the right of withdrawal before the period has expired.
3. Consequences of withdrawal
If you exercise your right of withdrawal, we are obliged to reimburse you immediately and at the latest within 14 days of the day on which we receive your declaration of withdrawal from the contract, for all payments made by you and received by us, including delivery costs (with the exception of additional costs in the event that you have opted for a delivery other than the cheapest standard delivery offered by us). Unless explicitly agreed otherwise, we will use the same payment method for this refund as you used for the original transaction; you will not be charged a refund fee under any circumstances.
We are entitled to refuse a refund until we have received the returned goods or you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately, and in any event no later than 14 days from the day on which you inform us of your withdrawal from the contract. The deadline will be met if you send the goods before the 14-day period has expired.
You are responsible for the direct costs of returning the goods.
Products must be in their original condition, undamaged and in their original packaging. If this is not the case, Motorrad Venture MV GmbH will apply a discount to the value of the product.
You will only be liable for any loss of value of the goods if this loss of value is based on unnecessary handling of the goods for the purpose of testing the quality, properties and mode of operation of the goods.
4. Exceptions to the right of withdrawal
The right of withdrawal may not be exercised for the following contracts:
contracts for the supply of goods made to the consumer's specifications or clearly personalised ;
contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
contracts for the supply of goods which, after delivery, are by their nature inseparably mixed with other items.
5. In the case of a return of goods outside the legal right of withdrawal, the refund will be reduced by the actual cost of carriage (€15) and a flat rate for restocking (€20).
XI. Proof of purchase
Please keep all your proofs of purchase, in particular the invoice, the link to which was sent to you by email after you placed your order. They will serve as proof of purchase in the event of a claim and are important for insurance purposes in the event of theft. All your orders are stored in our system. If you lose the documents relating to your orders, please contact us by e-mail at email@example.com. We will send you a copy of the relevant data.
XII. Jurisdiction, choice of law
The courts of our registered office shall have jurisdiction in the event of any dispute. All relations between us are governed exclusively by German law, insofar as, if you have concluded a contract with us as a consumer, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of the EU Member State in which you have your habitual residence.
We collect your personal data in order to perform the contract. In doing so, we comply in particular with the provisions of the German Federal Data Protection Act (BDSG) and the German Electronic Media Act (TMG). We process and use your data in accordance with § 28(3) BDSG solely for our own business purposes. This data is used, for example, to send you information about our product range in a newsletter by e-mail and/or post. You have the right to object to the processing or use of your data for the purposes of sending you advertising about our own offers by post - or, in the case of existing customers, also by e-mail - or for the purposes of market research or surveys.
Your data is protected by a secure SSL connection.
XIV. Notes on out-of-court dispute resolution procedures for consumers
1. Dispute resolution procedure
We are neither prepared nor obliged to participate in a dispute resolution procedure before a consumer conciliation body.
2. Online dispute resolution (EU)
The European Commission provides consumers with an online alternative dispute resolution (ADR) platform, which you can access by clicking on the following external link: http://ec.europa.eu/consumers/odr/.
Our e-mail address: firstname.lastname@example.org