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 enter into with us as the provider (Mathias Dos Santos Held) via the website https://shop.brasilheroe.com. Unless otherwise agreed, any inclusion of your own terms that you may use is hereby rejected.
(2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject 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 item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
"After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview."
"As far as you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system."
"If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online shop."
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("place order with payment obligation" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for the creation of a quote are non-binding for you. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partially automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
§ 3 Individually Designed Goods
(1) You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email without delay after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyright, personal rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims made by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3) We do not verify the content accuracy of the transmitted data and therefore accept no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(1) Credit Check
"If we provide services in advance, e.g. in the case of payment by invoice or direct debit, your data will be shared with Klarna, Chausseestraße 117, 10115 Berlin, in order to protect our legitimate interests for the purpose of credit assessment based on mathematical-statistical procedures. We reserve the right to refuse you the payment method by invoice or direct debit as a result of the credit assessment."
(2) Payment via Klarna
In collaboration 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 dispatch of the goods/ tickets/ or, in the case of other services, the provision of the service. You can find the complete invoicing terms for the countries where this payment method is available 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 following the issuance of a monthly invoice by Klarna. For more information on installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, please find it here (available only in the specified countries): Germany, Austria.
- Instant Transfer: Available in Germany and Austria. The charge to your account occurs 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. In this respect, we will forward your data to Klarna for the purpose of address and credit verification as part of the purchase initiation and processing of the purchase contract. 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 can be found here. Your personal information will be processed by Klarna in accordance with applicable data protection regulations and as stated in Klarna's privacy policy.
For more information about Klarna, please find it here. You can find the Klarna App here.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
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 total; we accept the assignment. You are still authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case 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 to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights of liability for defects exist.
(2) As a consumer, you are requested to immediately check the completeness, obvious defects, and transport damages of the goods upon delivery and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) As far as you are an entrepreneur, the warranty provisions above shall apply differently:
a) Only our own specifications and the manufacturer's product description are considered as agreed upon regarding the nature of the item, not any other advertising, public promotions, or statements made by the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you may choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the item or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages attributable to us caused by the violation of life, body, or health and in the case of intentionally or grossly negligently caused other damages;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in cases where items have been used in accordance with their usual purpose for a building and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with rights of defects.
§ 7 Choice of law
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) The provisions of the UN Sales Law do not explicitly apply.
II. Customer Information
1. Identity of the Seller
Mathias Dos Santos Held
Gohliser Str. 4
04105 Leipzig
Germany
Phone: 034112345678
E-Mail: ola@brasilheroe.com
Company Complaints Office:
Brasilhero Inh. Mathias dos Santos Held
Gohliser Straße 4
04105 Leipzig
E-Mail: 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 in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is German.
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the print function of the browser. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/
5. Essential features of the goods or services
The essential features 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 represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If the delivery takes place in countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which you are responsible for.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was 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 specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the 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. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated for the execution of the shipment.
If you are an entrepreneur, the delivery and shipment are at your own risk.
8. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These GTC and customer information have been created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/
last updated: 27.10.2020