Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Mathias Dos Santos Held) via the website https://shop.brasilheroe.com. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes.
After calling up the "checkout" page and entering personal data as well as payment and shipping conditions, the order data is finally displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the instant payment system provider.
If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("order with obligation to pay" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not prevented by spam filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(1) Credit Check
If we provide services in advance, e.g., for payment by invoice or direct debit, your data will be passed on to Klarna, Chausseestraße 117, 10115 Berlin, for the purpose of credit checking based on mathematical-statistical procedures to protect our legitimate interests. We reserve the right to refuse you the payment method by invoice or direct debit as a result of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment term is 14 days from the shipment of the goods/ticket/or, in the case of other services, the provision of the service. The full invoice conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchases including the general terms and conditions and the European standard information for consumer credits for the countries where this payment method is available can be found here (only available in the specified countries): Germany, Austria.
- Instant Transfer: Available in Germany and Austria. Your account will be debited immediately after placing the order.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna within the framework of the purchase initiation and processing of the purchase contract for the purpose of address and credit checking. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and according to the information in Klarna's privacy policy.
More information about Klarna can be found here. The Klarna app can be found here.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount; we accept the assignment. You are authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is up to us.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following warranty provisions apply instead of the above:
a) Only our own statements and the manufacturer's product description are considered agreed as the condition of the item, not other advertising, public promotions, or statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion by repair or replacement delivery. If the remedy fails, you may demand a reduction or withdraw from the contract. The remedy is considered failed after the second unsuccessful attempt unless otherwise arises from the nature of the item or defect or other circumstances. In the case of repair, we do not have to bear the increased costs caused by transporting the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- to damages caused by us culpably from injury to life, body, or health and in case of intentional or grossly negligent caused other damages;
- if we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
- for items that have been used according to their usual use for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention are expressly excluded.
II. Customer Information
1. Identity of the Seller
Mathias Dos Santos Held
Gohliser Str. 4
04105 Leipzig
Germany
Phone: 034112345678
Email: ola@brasilheroe.com
Company Complaints Office:
Brasilheroe Inh. Mathias dos Santos Held
Gohliser Straße 4
04105 Leipzig
Email: ola@brasilheroe.com
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out according to the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions are sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data within a binding offer in text form, e.g., by e-mail, which you can print or electronically save.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping is promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person not named by the entrepreneur to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Warranty Rights
The warranty is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These GTC and customer information were created by the IT law specialized lawyers of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last update: 27.10.2020