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Terms and Conditions

 General Terms and Conditions

§ 1

Scope and provider

§ 2

Entering into contract

§ 3

Prices

§ 4

Delivery charges

§ 5

Terms and conditions of delivery and reservation of correct supply to us

§ 6

Terms and conditions of payment

§ 7

Reservation of ownership

§ 8

Right of withdrawal

§ 9

Offset, right of retention

§ 10

Transport damage

§ 11

Warranty

§ 12

Data protection

§ 13

Final clauses

Customer information

How does the shopping cart system work?Do I need to register?
Do I need to register?
When will my order become binding?
Will the text of the contract be stored?

General Terms and Conditions (with statutory information)

§ 1 Scope and provider

These General Terms and Conditions apply in the version applicable on the date of your order to all orders made via the online shop of

BRABUS GmbH, Brabus-Allee, 46240 Bottrop, Germany
CEO: Constantin Buschmann
Gelsenkirchen Local Court , HRB 5286
(hereinafter referred to as “BRABUS Official Webstore“).

The applicability of other General Terms and Conditions is hereby explicitly opposed unless BRABUS GmbH has consented to their applicability explicitly in writing. This shall apply even if the customer confirms our order confirmation making reference to his own General Terms and Conditions.

Service hotline:

Monday to Friday 8 am – 5 pm
Tel. +49 2041 / 777-2 777

Email:

shop@brabus.com

§ 2 Entering into contract

§ 2.1 The products are presented in the online shop in order to make an offer to purchase. By clicking on the "ORDER AT A FEE" button you submit a binding offer to purchase. All customer entries can be viewed and corrected once again in a confirmation window before clicking the “order button”“. Our products are sold only as long as stocks last.

§ 2.2 We can accept your order within one week. The acceptance is made by sending a separate order confirmation by email or by delivering the goods. The confirmation of receipt of the electronic order is generated automatically directly after sending the order and does not constitute a contractual acceptance. The declaration of receipt can be associated with the declaration of acceptance.

§ 2.3 If our confirmation of order contains typing or printing errors, or if our pricing is subject to technically related transmission errors, we are entitled to contest such, whereby we must prove our error to you. Any payments you have already made will be reimbursed to you immediately.

§ 2.4 For electronic orders, the text of the contract shall be stored by Brabus GmbH and an acceptance declaration stating the content of the contract will be sent to the customer along with these General Terms and Conditions by email.

§ 3 Prices

§ 3.1 The prices set out on the product pages are binding, contain the statutory rate of value added tax and other price components and are exclusive of postage.

§ 3.2 The customer shall not sustain any costs exceeding the normal charges made by the respective telephone service provider by using the means of telecommunication.

§ 4 Delivery charges

§ 4.1 For delivery within Germany we charge a flat rate of € 4.95 per order for standard delivery. The charges for express delivery within Germany amount to € 9.95 per order.

§ 4.2 For delivery to EU Member States we charge a flat rate of € 14.95 per order for standard delivery. The charges for express delivery amount to € 19.95 per order.

§ 4.3 Deliveries to the United States of America (USA) will be sent by express service and cost a flat rate of € 19.95 per order.

§ 4.4 Deliveries to the United Arab Emirates (UAE) will be sent by express service and cost a flat rate of € 49.95 per order.

§ 5 Terms and conditions of delivery and reservation of correct supply to us

§ 5.1 Deliveries shall be made to the following countries only: Germany, EU Member States (Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom, Cyprus), USA and UAE.

§ 5.2 Deliveries shall be made with UPS.

§ 5.3 Unless anything to the contrary is stated in the offer, the delivery period shall be approx. 2-5 days for standard delivery. If we receive the order by 12 midday CET, the delivery period for express delivery within Germany and the EU Member States shall be approx. 24 hours. Delivery periods to the USA amount to approx. 24-48 hours and approx. 2-4 days to the UAE.

§ 5.4 If not all ordered products are in stock, we are entitled to make part deliveries at our expense if this is reasonably acceptable to you.

§ 5.5 If, for reasons for which you are responsible, the goods cannot be delivered to you despite three attempts at delivery, we may withdraw from the contract. Any payments made will be reimbursed to you immediately.

§ 5.6 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and suggest the delivery of a comparable product to you. If no comparable product is available, or if you do not wish to have a comparable product delivered, we will immediately reimburse any payments you may already have made.

§ 6 Terms and conditions of payment

§ 6.1 Payment shall be made either by credit card (Visa, MasterCard), PayPal or as direct transfer. It is not possible to make payment by sending cheques or cash. BRABUS Design GmbH shall not assume any liability in the case of loss.

§ 6.2 In the case of payment by credit card, your account shall be debited immediately after your order placement. In all other cases, the purchase price shall fall due within 14 days of acceptance of the offer by BRABUS GmbH. If you default on payment, the purchase price shall attract interest of 5% above the base interest rate for the duration of default. We reserve the right to prove and assert higher default damage.

§ 7 Reservation of ownership

The goods shall remain our property until payment has been fully made. Before transfer of ownership, pledging, assignment by way of security, processing or reworking is not permitted without our consent.

§ 8 Right of withdrawal

You shall have the right to withdraw from this contract within fourteen days without specifying reasons.

The right of withdrawal amounts fourteen days, starting the day on which you or a third party designated by you, who is not the carrier, has accepted the goods.

In order to exercise the right of withdrawal, you must inform us

BRABUS GmbH
Brabus-Allee
46240 Bottrop
Germany

Tel:  +49 2041 / 777-0 
Fax: +49 2041 / 777-111
Email: shop@brabus.com

on your decision to withdraw his contract by way of a clear declaration (e.g. letter by post, fax or email). We kindly ask you to use the withdrawal form that can be found in our webstore. The form is not mandatory, however.

The timely dispatch of the communication concerning the exercise of the right of withdrawal shall be deemed sufficient for compliance with the withdrawal term.

Consequences of withdrawal

In the event you withdraw from this contract, we shall redeem all payments received from you, including shipping costs (except additional costs incurred from you having chosen a type of delivery different from the most favourable standard delivery offered by us) immediately and no later than fourteen days from the date on which we have been notified of your withdrawal of this contract. For this repayment, we shall, unless explicitly agreed otherwise, use the same payment method used by you in the original transaction; in no event shall there be any extra charges in connection to this repayment.

We shall have the right to refuse repayment until the goods have been returned or until you have provided evidence that you have returned the goods, depending on which is the earlier date.

You shall return or hand over the goods to us immediately but no later than within fourteen days from the date you have notified us of your revocation of this contract. The period is complied with if you have dispatched the goods prior to expiry of the period of fourteen days.

Costs for return of goods shall be borne by us within Germany and the European Union. Customers from non-EU countries and third countries bear the direct costs of return delivery.

You shall only pay for any loss in value if this loss in value is attributable to inspection of the nature, property and functioning of the goods to an unnecessary extent.

§ 9 Offset, right of retention

§ 9.1 The customer is entitled to offset only if his counterclaims have been determined absolutely and finally or have been recognised by BRABUS GmbH.

§ 9.2 The customer shall be entitled to offset if its counterclaims are based on the same contractual relationship. Moreover, the customer shall only be entitled to offset to the extent its counterclaims are acknowledged, undisputed or assessed in a legally binding judgement. The customer shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.

§ 10 Transport damage

§ 10.1 BRABUS GmbH shall bear the risk of transport.

§ 10.2 If goods are delivered with evident transport damage, please complain of such faults immediately to the forwarding agent and get in touch with us as quickly as possible (+49 2041 / 777-2 777).

§ 10.3 Failure to complain or get in touch shall have no consequences for your statutory warranty rights, but you help us to assert our claims against the freight forwarder or transport insurance company.

§ 11 Warranty

§ 11.1 The warranty shall be provided in accordance with statutory provisions.

§ 11.2 If the purchaser is a legal entity under public law, a special fund under public law or an entrepreneur who on entry into contract acts in satisfaction of his commercial or independent professional capacity, the period of limitation shall, for material defects, be reduced to one year as from delivery of the object of purchase and the sale of used products shall be made without any liability for material defects.

§ 12 Data protection

BRABUS GmbH has informed the customer in detail and comprehensively about the nature, scope, place and purpose of collecting, processing and using personal data necessary to process and execute orders (see “Data protection”). The customer explicitly agrees to this collection, processing and use of personal data.

§ 13 Final clauses

Consumer information according to regulation EU Nr. 524/2013  -The EU-Commission has created an internet platform for online-resolutions of disputes (so-called "OS-platform"). The OS-platform serves as a contact point for out-of-court dispute resolutions concerning contractual obligations, which result from online purchase contracts. You can find the OS-platform at the following link: https://ec.europa.eu/consumers/odr


§ 13.1 Brabus GmbH is willing to take part in an alternative dispute resolution with the following consumer Arbitration centre:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.

Straßburger Str.8, 77694 Kehl

Phone: +49 7851 79579 40

Fax: +49 7851 79579 41

www.verbraucher-schlichter.de

Email: Mail@verbraucher-schlichter.de

The aforementioned consumer Arbitration centre is a "General Consumer Arbitration Centre" according to §4 section 2 of the German consumer alternative dispute resolution law (VSBG). This Information is provided to fulfil the legal Obligation resulting from §36 VSBG.

§ 13.2 Place of performance for deliveries and services is the registered office of BRABUS GmbH.

§ 13.3 Insofar as the customer is a businessman, legal entity under public law, special fund under public law, the place jurisdiction is the registered office of BRABUS GmbH. The same shall apply if the customer has no general place of jurisdiction in Germany or if the place of residence or usual residence at the time of filing legal action are unknown.

§ 13.4 The law of the Federal Republic of Germany shall apply exclusively, ousting the Convention on the International Sale of Goods (CISG).

§ 13.5 The contractual language shall be German in principle. If our offers are worded also or only in English and answered or referred to by the respective customer accordingly, the contractual language shall be English. Our contractual terms and conditions and the statutory preliminary information for consumers are available both in German and in English.

§ 13.6 If a provision of these General Terms and Conditions is ineffective, the contract shall otherwise remain valid. The pertinent statutory provisions shall apply instead of the ineffective provision.

Customer information

How does the shopping cart system work?

You may add products to the shopping cart without obligation by clicking "ADD TO SHOPPING CART". You can view your shopping cart at any time by clicking on the "SHOPPING CART" button. You can remove the products from the shopping cart again after selection or alter the number of products by checking the box and clicking the "DELETE" button. Clicking the "UPDATE" button will accept your new entries. If you wish to purchase the products in the shopping cart, click on the "GO TO CHECKOUT" button.

Do I need to register?

After selecting the products you will be requested to enter your data. The mandatory fields are shown in bold type. You may optionally open a customer account or make future orders after entering a user name and password without having to re-enter your address data.

When will my order become binding?

You can review your entries once again on the order page. Clicking on the "GO TO CHECKOUT" button will complete the order procedure. The procedure can be discontinued at any time by closing the browser window. You will receive further information, e.g. on the possibilities of making corrections on the individual pages.

Will the text of the contract be stored?

We store the text of the contract. The order data and the General Terms and Conditions will be sent to you by email. If you have completed the order as a registered customer you may also view your order data in our customer login area.