These text is machine translated. For the original refer to the german version.
be braveHEARTed is a service of Maike Timmermann, Sandweg 19, 35274 Kirchhain, e-mail: Info@be-bravehearted.com (in the following: be braveHEARTed.)
1-2 Validity of the AGB
All business relations which arises between be braveHEARTed and whose customers are conducted on the basis of the following general Terms and Conditions (AGB) in its at the time of the order valid setting. Individual contract agreements are more important than these general Terms and Conditions
1-3 Customer/consumer and businessman
Customer according to these business conditions is both the consumer and the businessman as far as something else is not determined. In accordance with § 13 BGB (civil code) is consumer every natural Person, which locks a legal transaction to an end, which cannot be classed in neither his commercial nor independent occupation . In accordance with § 14 civil code is a businessman a natural Person or legal entity (e.g. GmbH, public limited company) or a legally responsible partnership (e.g. limited partnership, society of civil law, general partnership), this one at conclusion of a legal transaction in practice of her commercial or independent occupation acts.
2 Taking place of the contract
The presentation of products in the onlineshop of be braveHEARTed does not represent a proposal to everyone according to BGB §145. The presentation of goods is merely to understand as an invitation addressed to the customer to address an buy offer to be braveHEARTed. The customer hands in an offer to buy to be braveHEARTed by ordering the displayed product from be braveHEARTed. The customer can hand in the offer for the integrated ordering form of the be braveHEARTed online shop. The customer hands in the badge's completing the purchase order transaction one legally obligatory contract offer to it by clicking with respect to the goods containing in the shopping basket after he has put the select goods in the virtual shopping basket and has passed through the electronic process of ordering. Furthermore the customer can do the supply also postally, handed in by e-mail or telephonic to the seller.
Before, a binding contract can already take place as follows, too:
The language available for the completion of a contract is German. The text of the contract is not stored by us.
To this offer to buy, as a rule, the customer is bound by happening to the electronic interface of the server receiving the order as soon as it has reached the reception area of be braveHEARTed.
An additional cancellation of the order does not lift the supply as far as the customer cannot explain that it is an explanation considerable mistake. The revocation right of the customer remains untouched of this.
The customer is bound to his offer to buy 5 days. The entrance of the order gets immediate from be braveHEARTed on an electronic way regularly by e-mail confirmed. No obligatory acceptance puts the entrance confirmation itself for the order, as far as yet this is not explained by be braveHEARTed particularly differently.
be braveHEARTed can accept the offer of the customer on entrance within 5 days. The acceptance can both be carried out by e-mail or letter post in which the acceptance can or else be explained separately together with the entrance confirmation by e-mail, and by delivery of the product to the customer.
2-3 Contract reservation
The contract end is under the reservation that be braveHEARTed is supplied by the respective supplier on time and correctly according to a way and crowd as far as the product is not carried in stock. This reservation is only valid when be braveHEARTed does not have to represent the possible non-appearance of the delivery, has completed a so-calledly congruent hedging transaction for the fulfilment of the contractual duties particularly on time. If the product is not available, the customer of be braveHEARTed is immediately informed about this circumstance. If the customer has already paid the selling price and additional costs (e.g. transportation costs), these are immediately refunded by be braveHEARTed or can be settled with another order however only as far as the customer particularly wishes this.
2-4 Technical steps for the taking place of the contract
To purchase an article by be braveHEARTed, the customer has to hand in an order. To this are following technical step required:
a. At first the customer has to select the goods from the supply of be braveHEARTed. This is carried out by selecting the small box next to the product through which this is provided with a hooklet or cross. The product is added to the shopping basket of the customer thereupon.
b. The customer can thereupon click on the button "register". He is then passed on on a side on which the customer either can himself register as a new customer first or else reaches over the button "far" the confirmation page of be braveHEARTed.
c. Clicks on the button "buys for the news", gives an obligatory order of the goods contained in the shopping basket ("offer to buy") to be braveHEARTed the customer opposite so. On Ziff. 2.2 of these general Terms and Conditions is pointed out to.
this. The customer receives a confirmation e-mail, that in the consequence be braveHEARTed has received its order and will further examine. On Ziff. 2.1 of these general Terms and Conditions is pointed out to.
2-5 Reconnaissance and correction of keying errors
The customer can change or delete the contents of the shopping basket if he calls the menu item shopping basket. The changes can be carried out under use of the mouse. To this end it is to click and to overwrite these or to select the button "remove" with the left mouse button on the indication of quantity to be changed.
By selecting the button "register" the customer is passed on on a side on which he gets opportunity of the registration as far as he is not registered by be braveHEARTed as a customer in the EDP system yet. The customer can check and change his delivering and payment wishes as well as see the general Terms and Conditions in the same place.
By selecting the button "far" the customer reaches the confirmation page on which he can check again and also change all his details. The customer can stop his order in this place; in this case a contract does not take place.
2-6 Terms of a contract; essential features of the product
The contents of the contract taking place between the customer and be braveHEARTed and thus also the essential features of the product determine themselves, after public remarks of be braveHEARTed or an assistant, the manufacturer of the product (§ 4, para. 1 and 2, of the product liability law) or an assistant, particularly in the advertising or at the identification about certain qualities are the thing, it, then, according to the trade description stopped by be braveHEARTed in the onlineshop, that be braveHEARTed did not know the remark and did not have to know either, that it was corrected in the time of the contract end in an equal way or that it could not influence the purchase decision of the customer. Individual agreements between the customer and be braveHEARTed about the contents of the contract or the features of the product are more important than the prominently described, other regulation of the terms of a contract or the goods features.
2-7 Storage of the text of the contract
The text of the contract is stored after the contract end of be braveHEARTed. It is accessible to the customer. The text of the contract can be requested by the customer by e-mail at be braveHEARTed and is sent to the customer by be braveHEARTed thereupon by e-mail. Furthermore the text of the contract including the AGB as well as the revocation instruction is sent to the customer with the confirmation e-mail. With call of the e-mail by the customer the text of the contract is stored on the computer of the customer and can there until its deletion be called.
2-8 Language of the agreement
The German language is exclusively available for the contract end.
2-9 color variations
All goods are presented in good faith and within technical possibilities. The perception of color is due to a variety of stations (camera lenses, monitors, personal color perception) personal in nature and subject to certain fluctuations. This is hereby brought to best attention of the customer.
3 Prices/costs, method of payment, due date
The selling price is incl. value added tax (19%) and plus a packing and dispatch cost lump sum whose amount is honoured separately by means of concrete cost detail or link on a general transportation costs overview at every product representation.
Depending on the individual legal conditions of the country in which the buyer has his seat can attack import duties in addition to the selling price which have to be paid by the buyer. Customs, the import sales tax belong to the import duties and special consumption expensive, such as spirit or duty on tobacco. Taxes which have to be paid in the cross-border goods trade with third countries are described as customs. No duties have to be paid within the European Union. be braveHEARTed recommends the customer to ask the national customs authorities responsible for him about import duties.
3-3 Due date of the selling price/delay
At method of payment "cash in advance" the selling price is immediately due as far as nothing else is agreed, cf. Ziff after be braveHEARTed has accepted the offer of the customer on conclusion of the contract (. 2.2).
At payment with credit card the charge of your credit card account is carried out with completion of the order.
3-4 Method of payment
For the payment be braveHEARTed offers the possibility of the payment by cash in advance, PayPal, or credit card. be braveHEARTed informs about further methods of payment consisting in the individual case on inquiry.
4 Passage of risk
4-1 Passage of risk with consumers
On the whole the customer of consumers acting privately in accordance with Ziff. The danger of the coincidental decline and the coincidental deterioration of the product is 1.3 of this AGB, changes with handing over of the thing to the customer on this.
4-2 Passage of risk with businessmen
The danger of the coincidental decline and the coincidental deterioration of the product changes with the delivery of the thing to the business intended for the execution of the consignment on the customer as far as in accordance with the news of commercially active businessmen Ziff.1.3 is this AGB; Place of performance is (buyer is a businessman) only the headquarters be braveHEARTed in this case.
4-3 Passage of risk at mora accipiendi
The danger changes on the buyer then, too, if this is in mora accipiendi.
The delivery is made by shipment ex warehouse to the shipping address informed about by the customer. The shipping address can differ from the invoice address. If no shipping address is indicated, the invoice address is delivered to. be braveHEARTed draws one's attention to the self supplying reservation (cf. 2.3).
6 Reservation of title
be braveHEARTed reserves the property for itself at the purchase thing until the respective selling price and the respective transportation costs are paid.
7 Costs of the return at revocation
It that the customer for once then bears the regular costs of the return as far as a customer exercises the legal revocation right being entitled to him in due time is agreed if) 1 ordered this one the delivered product 2 corresponds and the price of the thing to be returned does not exceed an amount of 40 euros simultaneously or if) the the delivered product ordered corresponds and the customer has not produced the service in return or a partial payment agreed on by contract at a higher price of the thing at the time of the revocation yet.
THE LIABILITY BENEFIT ENTITLEMENTS OF THE CUSTOMER JUDGE THEMSELVES AFTER THE LEGAL REGULATIONS. be braveHEARTed DOES NOT GRANT THE CUSTOMER A COMPOSITION OR DURABILITY GUARANTEE OF ITS OWN CIVIL CODE ON THE OFFERED GOODS ACCORDING TO OF § 443. THE CUSTOMER CAN GATHER FROM THE PRODUCT DOCUMENTATION, WHETHER A MANUFACTURER GUARANTEE PASSES, THIS ONE KICKS NEXT TO THE GUARANTEE OF be braveHEARTed. Rights to claim under guarantee from EINER manufacturer guarantee justify facts of the case of their own to the manufacturer and is it directly current for this opposite number assert.
9 Fee for picture use/unlawful picture use
These are used, are protected without exception on copyright photographs in product specifications of be braveHEARTed.
In the field of an illegal copy, distribution, particularly public Zugänglichmachung (via Internet) and/or change of a picture be braveHEARTed gets a penalty for breach of contract in the amount of 595 euros from a user acting commercially. The assertion of a more detailed claim for compensation remains untouched of this. The proof remains allowed to the unauthorized user, this a damage has not or in the height for be braveHEARTed resulted considerably more lowly than an aforementioned flat rate.
10. Concluding provisions
If one or several should be ineffective for regulations of this AGB, then this does not draw the ineffectiveness of the other AGB regulations after itself. The ineffective regulation is replaced by the appropriate legal regulation. It is disputes to take legal action for the court which is responsible for the headquarters of be braveHEARTed, if the customer is a full merchant, a legal entity of the public law or a separate property under public law, at everyone himself arising from the contractual relationship. This is valid, too, when the customer is consumer but does not have any general place of jurisdiction in Germany or the place of residence or ordinary stay in the time is not known to the institution of proceedings. be braveHEARTed is also authorized to complain at the headquarters of the customer the businessman is. The right to call the court at another legal place of jurisdiction remains untouched of this.
The validity of the purchase of UN right is excluded.
For unverschlüsselt in data transmitted to the Internet a confidentiality is not ensured. An encoded communication can be offered on request.