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BRAND GMBH + CO KG General Terms and Conditions for online orders on

1. General

1.1 These General Terms and Conditions of Business are intended only for use in business transactions with companies (Section 14, BGB (German Civil Code)). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.2 These GTC apply to all contracts with the customer that are concluded via the online shop of BRAND GMBH + CO KG (“BRAND”) at (hereinafter referred to as online shop). Other terms and conditions shall not become part of the contract, even if BRAND does not expressly object to them. Amendments to and changes of the contract must be in text form. The waiver of the requirement for text form shall only be possible in text form. This shall not apply to individual contractual agreements.
1.3 BRAND may electronically store and process data necessary for the purpose of processing the contract. Further information regarding data protection is available in the privacy statement (
1.4 A set-off by the customer shall not be permitted unless the counterclaims are undisputed or legally established, or pecuniary counterclaims arising from the right to refuse payment pursuant to Section 320 Bürgerliches Gesetzbuch (BGB) (German Civil Code).
1.5 For commercial transactions with customers having no general place of jurisdiction in Germany and between businesses, public law legal persons or special funds under public law the place of jurisdiction shall be the court responsible in Frankfurt am Main, Germany. BRAND shall also be entitled to appeal to the court responsible for the head office of the customer. BRAND shall, furthermore, as plaintiff have the right to invoke the Arbitration Court at the Chamber of Commerce and Industry in Frankfurt am Main, Germany. The Arbitration Court shall, in this case, make the final judgment in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry in Frankfurt am Main without recourse to the ordinary courts of law. The instigation of legal dunning proceedings by BRAND shall not signify the exertion of its right of choice; it shall be admissible in all cases.
1.6 German law shall apply exclusively under the exclusion of the conflict of laws principles of Private International Law and the UN Convention on Contracts for the International Sale of Goods (CISG).

2. Conclusion of contract

2.1 The offers presented in the Online Shop are subject to change and are not offers in the legal sense. They merely represent an invitation for the customer to submit an offer. By clicking the “Buy” button, the customer can place the respective goods in the virtual shopping basket. This process is still non-binding and does not constitute a contract offer. Before an order is placed, the content of the order, including the customer data, is summarized on an overview page. All order data can be corrected there using the change fields provided.
2.2 By clicking on the “Commit to buy” field, the customer submits a binding offer to conclude a purchase
2.3 After placing the order, the customer receives an automatically generated e-mail confirming receipt of
the order by BRAND and stating its details (confirmation of receipt). This confirmation of receipt shall
not constitute acceptance of the contract. The contract shall only be brought about by sending a confirmation
of order e-mail or delivery of the goods. If we do not accept your offer, we will inform you of this
in electronic form.
2.4 These General Terms and Conditions of Business can be saved or printed at any time by clicking on the
“Save” or “Print” button. The content of the order can be saved and/or printed immediately after placing
the order and can also be viewed later at any time via the “Your Account” function.

3. Delivery

3.1 Shipment shall take place within the countries of the European Union and the European Free Trade Association (EFTA). Shipping outside these countries is excluded.
3.2 The place of performance is BRAND’s factory in Wertheim, Germany. Risk passes to the customer as soon as the delivery has been packed and loaded for dispatch. Deliveries shall be made CIP (Incoterms ® 2020 carriage and insurance paid to).
3.3 Partial deliveries are excluded.

4. Delivery Period, Force Majeure, Delay

4.1 Delivery times are ex works. Delivery periods or delivery dates are subject to the customer making agreed advance payments and fulfilling all other obligations incumbent on the customer in good time. In particular, the customer is obliged to immediately provide all information required for export, import, or shipment (e.g. final recipient, final destination, and intended use) as well as documents, permits, and certificates that may be necessary for BRAND to fulfill its obligations. In the case of delays in necessary
approval, inspection, or information procedures, delivery periods and dates will be extended accordingly unless BRAND is solely responsible for the delay.
4.2 Delivery shall be subject to BRAND receiving its own supplies punctually and in good order.
4.3 If non-compliance with delivery periods are due to force majeure (e.g., natural disasters, pandemics, mobilization, war, or riot) or similar events beyond BRAND’s control (e.g. strikes or lockouts), the delivery periods shall be extended by the periods during which the aforementioned event or its effects persist.
4.4 BRAND shall immediately inform the customer about delivery barriers or delays and their expected duration.
4.5 BRAND shall be considered to be in default of delivery only if the customer has issued BRAND with a reminder, has set a reasonable extension period which has elapsed. The customer shall be obliged to immediately inform BRAND in writing of any likely consequences of delay.
4.6 In the case of delay damages, BRAND's liability for compensation shall be limited to 10% of the value of the delayed delivery/ service. The limitation shall not apply in cases of willful intent, gross negligence and/ or injury to life, limb or health.

5. Prices, Terms of Payment

5.1 The prices stated in the Online Shop are exclusive of any statutory VAT that may be applicable. A flat shipping fee (packaging included) will be charged in addition for orders under € 400. The flat-rate shipping fee is stated separately in the Online Shop before the order is sent. The cost of the return transport of products for maintenance or disposal will not be covered.

5.2 Delivery is made against payment by credit card, advance payment, or on account.
5.3 Accepted credit cards are MasterCard or VISA.
5.4 In the case of advance payment, the customer is obliged to arrange for payment without delay. If BRAND does not receive the payment within 14 days after conclusion of the contract at the latest, the customer is in default, and BRAND is entitled to withdraw from the contract.
5.5 It is possible to purchase on account up to a maximum order value of € 3,000.00. Invoice amounts are due for payment without deduction immediately or at the specified time in EURO and payable to the account stated by BRAND. The receipt of payment is decisive.
5.6 In the case of first-time orders, after delays in payment, or in the case of reasonable doubt about the creditworthiness of the customer, BRAND may make the delivery dependent on advance payment or a security deposit in the amount of the invoice amount.
5.7 If more than 4 months elapse between conclusion of the contract and agreed delivery, BRAND may, at its reasonable discretion, demand a price increase corresponding to the cost increase at BRAND until delivery.
5.8 If the return of defect-free goods is agreed, the customer shall be charged an inspection and handling fee amounting to 20% of the invoice amount (at least € 50).
5.9 If the customer is in default of payment, all claims of BRAND shall become due immediately, and BRAND shall not be obliged to make further deliveries.
5.10 In the case of default of payment, BRAND shall charge default interest at the statutory rate – subject to further claims for damages.
5.11 Liabilities towards the customer (e.g. from credit notes) may be offset by BRAND against open claims of BRAND against the customer.

6. Retention of Title, Assignment of Future Claims

6.1 The goods delivered shall remain property of BRAND until the complete and unconditional payment. Should BRAND still have further claims against the customer arising from the business relationship, BRAND shall then retain its property rights until payment of such claims has been effected.
6.2 The customer may neither use goods subject to retention of title nor combine them with other objects to which a third party may have rights. Should, however, goods subject to retention of title become, through their combination with other objects, part of a new (complete) item, BRAND shall be a proportional co-owner of this new item directly, even if this latter component is regarded as the main component. BRAND's proportion of co-ownership shall be determined by the ratio of the invoice value of the goods to the value of the new item at the time of combination.
6.3 The customer may resell goods subject to retention of title in the course of his normal business as long as he has not assigned, pledged or otherwise encumbered his claims from the resale.6.4 The customer shall assign to BRAND in advance as collateral any claims against his customers from the resale of the goods subject to retention of title (see Clause 6.3) and/or newly formed items (see Clause 6.2) to the value of BRAND's invoice for the goods subject to retention of title. As long as the customer is not in default of payment for the goods subject to retention of title, he may collect the assigned claims in the ordinary course of business. He may, however, only use the proportional proceeds for the payment to BRAND for the goods subject to retention of title.
6.5 At the customer’s request, BRAND will release collateral at its discretion if and to the extent their value exceeds the claim to be secured by more than 20%.
6.6 The customer shall be required to inform BRAND immediately of any attachments, seizures or any other third-party dispositions relating to the goods that are reserved or co-owned by BRAND.
6.7 In the event of default in payment, non-success or recall of a payment made by credit card or SEPA direct debit, cessation of payments, or insolvency of the customer or the end user, the customer’s rights under Clause 6.3 shall expire. The customer must then immediately inform the buyer of BRAND’s extended retention of title; he may use the proportional proceeds relating to the assignment only to pay for the delivered goods. BRAND shall be entitled to collect the assigned receivables itself.
6.8 In the event of customer’s culpable breach of contractual obligations, in particular for the cases covered in Clause 6.7, BRAND shall be entitled to withdraw from the contract and/ or, without withdrawing from the contract, demand the return of any goods subject to retention of title still in possession of the customer and to collect the assigned receivables itself. In order to ascertain the rights of BRAND, BRAND shall be entitled to have all of customer’s documents/ books concerning the reserved rights of BRAND examined by a person who is subject to the professional duty of confidentiality.

7. Warranty, Limitation of Liability

7.1 BRAND warrants that its delivered goods are free of defects at time of risk transfer. The condition owed, durability, and use of the deliverables is based on the specification, product description, and/or operating instructions agreed upon.
7.2 If the customer needs the deliverables for purposes other than those agreed, he/she must check their specific suitability for these – also with regard to product safety – and their compliance with all relevant technical, legal, or official regulations at his/her own responsibility before the planned use. BRAND excludes liability for use not confirmed by BRAND. Compliance with safety and occupational health regulations depends on the location and conditions of use of which BRAND has no knowledge. Measures for compliance are therefore the responsibility of the customer or the respective user.
7.3 BRAND shall not be liable for the consequences of improper handling, use, maintenance and operation of the delivered goods; the consequences of normal wear and tear, in particular of wearing parts, such as pistons, seals, valves; the breakage of glass, plastic or ceramic parts; for the consequences of chemical, electrochemical or electrical influences; or non-observance of the operating instructions.
7.4 If a notice of defect is justified, BRAND shall initially only be required to provide cure. Any such cure shall be, at the discretion of BRAND, either rectification of the defect or delivery of goods free of defects.
7.5 The customer must, immediately upon receipt of the goods, inspect them carefully, also in terms of product safety, and notify obvious defects immediately in writing; any hidden defects must be immediately notified upon discovery. The customer must notify the carrier immediately of any transport damage. Failure to observe the testing and notification obligation shall void any customer claims for defects.
7.6 BRAND's liability for slight negligence shall be limited to claims for injury to life, limb or health, to claims under the Produkthaftungsgesetz (German Product Liability Act) or to claims of culpable breach of fundamental contractual obligations through which the purpose of the contract is endangered. Otherwise, its liability for slightly negligent breach of fundamental contractual obligations is limited to the typically occurring damages which BRAND could have foreseen when the contract was concluded.
7.7 Should the customer use the delivered goods in conjunction with environmentally harmful, toxic, radioactive or otherwise hazardous materials, he must notify BRAND about any such materials and decontaminate the delivered goods prior to returning them to BRAND. If the customer does not clean the goods according to the declaration of no health risk, BRAND may charge the customer for the costs required for the decontamination/cleaning and disposal of the hazardous substances arising in the process. If the device cannot be decontaminated/cleaned even by BRAND because of existing health hazards for the employees depending on the type of hazardous substances, the entire device must be disposed of as hazardous waste. The costs incurred for this shall be the responsibility of the customer.

8. Limitation Period

8.1 The warranty period shall be one year and starts from the date of delivery of the goods to the customer. The same shall apply for claims for damages, irrespective of their legal basis.

8.2 The limitation periods of Section 438 Para. 1 Nos. 1 and 2and Section 634a Para. 1 No. 2 of the BGB (German Civil Code) shall remain unaffected.

8.3 The warranty period for any rights of recourse pursuant to Section 445a BGB (German Civil Code) shall be one year and starts from the date of delivery of the goods to the customer. The suspension of expiry pursuant to Section 445b BGB (German Civil Code) shall end no later than three years after BRAND has delivered the goods to the customer.

8.4 The restrictions of the limitation periods shall not apply to claims based on fraudulent concealment of a defect, for claims under the Produkthaftungsgesetz (German Product Liability Act) or for damages resulting from injury to life, limb or health and other damages based on intent or gross negligence.

8.5 The limitation period in respect of replaced or repaired goods shall only commence anew if BRAND admitted the defectiveness of the replaced or repaired goods.

9. Software Use

9.1 If software is included in the scope of a delivery, the customer shall be granted a non-exclusive right to use the software and its associated documentation. It is provided for use on the designated delivery item. The use of the software on more than one system shall be prohibited.
9.2 The customer shall only be entitled to copy, transfer or translate the software or to convert it from object code to source code to the extent permitted by law (Sections 69a et seq. Urheberrechtsgesetz – German Copyright Act). The customer undertakes to refrain from removing manufacturer information, in particular copyright notices, or from changing these without BRAND's prior express consent or the prior express consent of the software supplier.
9.3 All other rights to the software and the documentation including copies thereof shall remain with BRAND and/ or the software supplier. The issue of sublicenses is not permitted.

10. Spare Parts

Insofar as there is an obligation on the part of BRAND to maintain/supply spare parts, then this obligation shall be limited to a period of five (5) years from the date of delivery. If spare parts are not manufactured by BRAND, or are no longer available on the market, for example electronic components, or if the raw material for their production is no longer available, the obligation of BRAND to deliver spare parts shall lapse.


Last updated: June 2023


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