General Terms and Conditions

 

1. Contractual partner
The business relationship between BrassFonts - Guido Schneider (Schwarzburger Weg 7, 50259 Pulheim, Germany; hereinafter referred to as "BFGS" or "we") and the respective customer is subject to the following General Terms and Conditions (GTC).

2. Scope
The General Terms and Conditions (GTC) apply to all orders placed via the BFGS online shop. The version of the GTCs valid at the time of the order always applies. These GTC shall also apply to transactions for future business relationships without the need for express reference. In addition, BFGS provides terms of use (EULA – End User Licence Agreement), which supplement these GTC. The terms of use are drawn up separately and shall take precedence in the event of a conflict with these GTC. Conflicting or supplementary general terms and conditions of a business partner are not recognised by BFGS, unless BFGS has expressly agreed to their validity.

3. Formation of contract
The contract is concluded with BrassFonts – Guido Schneider (BFGS).
By placing the products in the online store, BFGS makes a binding offer to conclude a contract for these items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text
The language available for concluding the contract is English. The text of the contract will not be saved by BFGS. You may view and download the GTCs from this page at any time.

4. Payment
After submitting the order, you will be forwarded to Stripe’s online website. To pay the invoice amount via Stripe, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the ordering process. Directly afterwards, the payment transaction is carried out automatically by Stripe.

5. Right to cancel
Consumers are entitled to the statutory right to cancel as described in the instructions on the right to cancel. Businesses are not granted any voluntary cancellation right.

6. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale – regardless of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the receivables; however, we are also entitled to collect them ourselves if you do not meet your payment obligations.

7. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory warranty provisions (liability for defects) shall apply.

For consumers (within the meaning of § 13 BGB [German Civil Code]), the statutory warranty rights apply, which are governed by the law of the country in which the consumer has his habitual residence.
The following limitations and shortening of the time limits shall not apply businesses/merchants for claims based on damage caused by us, our legal representatives or vicarious agents
– in the event of injury to life, limb or health,
– in case of intentional or grossly negligent breach of duty or fraudulent intent
– in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations),
– within the scope of any voluntary guarantee agreed or
– within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

If the delivered item is defective, we may initially choose whether we wish to provide subsequent fulfilment by remedying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).

Restrictions in relation to businesses
For businesses, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 445a BGB  (German Civil Code) remain unaffected. In relation to businesses, only our own information and the manufacturer's product descriptions included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.

Provisions in relation merchants (according to HGB)
The obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies to merchants ("Kaufleute"). If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

Voluntary guarantees, warranties and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Complaints can be submitted by consumers and companies
in writing to: BrassFonts – Guido Schneider, Schwarzburger Weg 7, 50259 Pulheim, Germany
or by e-mail to the following address: kontakt@brass-fonts.com

8. Liability
BFGS shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
– for injury to life, limb or health
– for deliberate or grossly negligent breach of duty
– for guarantee commitments, where agreed
– towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

9. Online dispute settlement
BFGS is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. This does not affect the European Dispute Settlement Body, which can be accessed at https://ec.europa.eu/consumers/odr/ .

11. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a merchant ("Kaufmann") within the meaning of the HGB (German Commercial Code), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

12. Severability clause
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.