Terms and conditions

A. General Terms and Conditions of EBROM

1. Scope

These General Terms and Conditions apply to all orders placed through our online shop, unless you and we agree otherwise in text form.

We will notify you of amendments to these terms in writing, by fax or by email. If you do not object within four weeks of receiving the notification, the amendments will be deemed accepted by you. When notifying you of an amendment, we will separately explain your right to object and the legal consequences of remaining silent.

Any conflicting standard terms of the buyer are ineffective in relation to the seller.

2. Contracting party and customer service

The purchase contract is concluded with EBROM, Thomas Schmolinski & Sven Wiechers GbR, Forststraße 4a, 83123 Amerang, Germany. Further information is provided in our legal notice.

3. User registration

Registration for our online ordering system is free of charge. There is no entitlement to admission to the system. Only persons with full legal capacity may register. To register, complete and submit the electronic registration form on our website. All required information must be complete and accurate. During registration you choose a personal username and password. Your username must not infringe third-party rights, rights to names or trademarks, or accepted principles of morality. You must keep your password confidential and must not disclose it to third parties.

Other than accepting these General Terms and Conditions, registration does not impose any obligations on you. You may delete your registration at any time under “My account”. Registration alone does not oblige you to purchase any goods we offer.

You are responsible for updating your personal details if they change. Changes can be made online after signing in under “My account”.

4. Conclusion of the contract

You may submit a binding offer to purchase by placing an order through our online shopping-cart system.

Place the goods you wish to purchase in the electronic shopping cart. You can open the cart using the button in the navigation bar and make changes at any time.

After opening checkout and entering your personal details and payment and shipping information, you will see all order details again on the order summary page.

If you use “PayPal Express” by clicking the corresponding button integrated into the shop, you will be taken to the PayPal sign-in page. After signing in successfully, your address and account details stored with PayPal will be displayed. The “Continue” button returns you to the order summary in our online shop.

Before submitting your order, you can check and correct all details, including by using your browser’s “Back” function, or cancel the purchase.

Submitting your order using the button indicating that the order entails an obligation to pay constitutes a binding offer to us.

You will first receive an automated email acknowledging receipt of your order. This acknowledgement does not itself conclude the contract.

5. Prices and shipping costs

All prices are stated in euros. Prices displayed to consumers include the applicable statutory VAT. Deliveries to businesses in other EU member states are not charged VAT where the legal requirements for a VAT-exempt intra-Community supply are met. The total payable for your order, including any applicable taxes and shipping charges, is shown at checkout before you place the order. VAT is stated on the invoice where permitted by VAT law.

Shipping charges apply in addition to the displayed product prices. Shipping charges, including any applicable small-order surcharge, are set out in our shipping policy and shown at checkout before you place your order. Shipping charges are shown separately on the invoice.

The purchase price is payable immediately.

6. VAT

Each contracting party must comply with all VAT laws and administrative provisions relating to performance of the contract, inform the other party of any requirements that have not been observed, provide any evidence required by law or the authorities at its own expense, and support the other party to the best of its ability in all VAT matters. Claims arising from a breach of this obligation do not become time-barred earlier than six months after an official or judicial decision resulting from the breach becomes final.

7. Liability for defects

Statutory rights in respect of defects apply, subject to the following limitations.

Where the buyer is a business acting in the course of its trade or profession, claims for defects become time-barred one year after delivery. This does not apply to culpably caused injury to life, body or health attributable to us; damage caused intentionally or through gross negligence; fraudulent concealment; or rights of recourse under sections 478 and 479 BGB.

Where the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies, the following is agreed:

The seller may remedy any lack of conformity of the goods or documents by repair or replacement at any time, including after the agreed delivery date. The buyer may not avoid the contract unless the lack of conformity constitutes a fundamental breach and the seller fails to remedy it within a reasonable additional period of at least six weeks. A reduction of the purchase price requires the seller’s consent.

The buyer loses the right to rely on a lack of conformity of the goods or documents apparent upon receipt unless the buyer notifies the seller without delay, and no later than one week after receipt, specifying the nature of the lack of conformity. If indications of a possible lack of conformity emerge after receipt, the buyer loses that right unless the necessary examination is carried out without delay and the seller is notified within one week of discovery. Defects must be substantiated by an expert report from an internationally recognised inspection agency. The right is also lost where the buyer has a reasonable excuse for failing to give proper notice.

The seller is not liable for a lack of conformity of the goods or documents unless it is reported promptly and properly and the buyer asserts the resulting remedies by written notice within a six-month exclusion period after receipt of the goods.

The seller does not accept liability for the goods being free of third-party rights or claims based on industrial or intellectual property. The buyer will export the supplied goods immediately after receipt. Checking intellectual property rights in the destination country is solely the buyer’s responsibility. If the seller knows of relevant rights in that country, it will inform the buyer upon written request.

8. Payment

Payment is made using the payment methods offered at checkout.

Shopify Payments

If you choose a method offered through Shopify Payments, payment is processed through Shopify Payments. The available payment methods and the conditions applicable to your selected method are shown at checkout.

PayPal

You pay the invoice amount through the online provider PayPal. As a rule, you must be registered or register with PayPal, authenticate using your login details, and confirm the payment instruction to us. Guest payment may be available as an exception. Further instructions are provided during checkout. The payment provider’s terms apply.

9. Collection and delivery

We supply goods by shipment only. Collection in person is not available. We deliver the goods in accordance with the agreements made with you.

10. Retention of title

The goods remain our property until paid for in full.

11. Right of withdrawal

Consumers have a right of withdrawal. The conditions and consequences are explained in the withdrawal instructions in Part C below. Business customers acting as traders do not have a right of withdrawal.

12. Set-off and right of retention

A business customer may set off counterclaims only if they have been established by a final judgment, are undisputed, are ready for a decision, or have been acknowledged by us. A right of retention may be exercised where the counterclaim arises from the same contractual relationship.

13. Limitation of liability

We are liable for intent and gross negligence. We are also liable for negligent breach of obligations whose fulfilment is essential to proper performance of the contract, whose breach jeopardises its purpose, and on whose fulfilment you, as the customer, may normally rely. In that case our liability is limited to foreseeable damage typical of the contract. We are not liable for slightly negligent breach of obligations other than those stated above.

These exclusions of liability do not apply to injury to life, body or health. Liability under the German Product Liability Act remains unaffected.

Given the current state of technology, error-free data communication over the internet and availability at all times cannot be guaranteed. We therefore do not accept liability for constant, uninterrupted availability of our online trading system.

14. Jurisdiction and place of performance

Statutory provisions on jurisdiction apply to consumers.

For merchants, legal entities under public law and special funds under public law, the agreed place of jurisdiction and performance is 83123 Amerang, Federal Republic of Germany.

15. Applicable law

The law of the Federal Republic of Germany applies. Unless stated otherwise in the acceptance or order confirmation, our place of business is the place of performance.

The United Nations Convention on Contracts for the International Sale of Goods applies within its scope. Matters not governed by that Convention, or which cannot be resolved according to its principles, are determined according to the law applicable at the seller’s place of business.

16. Severability

If a provision of these terms or another agreement is or becomes wholly or partly invalid or unenforceable, the remaining provisions and agreements remain effective. The invalid provision is to be replaced by an appropriate provision which, as far as legally possible, most closely reflects its intended effect.

B. Mandatory information

Identity

EBROM, Thomas Schmolinski & Sven Wiechers GbR, Forststraße 4a, 83123 Amerang, Germany.

Technical steps for concluding the contract

The technical steps, conclusion of the contract and options for correcting errors are described in section 4 of the General Terms and Conditions in Part A.

Contract language and storage of the contract text

The contract language is German.

We store the contract text and send your order details and our General Terms and Conditions to you by email. You can also view and download these terms on this page at any time. Your previous orders can be viewed in your customer account.

For enquiries outside the online shopping-cart system, we send all contract details by email as part of a binding offer, which you can print or save electronically.

Essential characteristics of the goods or services

The essential characteristics are set out in the product description and supplementary information on our website.

Prices and payment terms

The prices and shipping charges stated in the respective offers are total prices. They include all price components and applicable taxes.

Shipping charges are not included in the product price. They can be viewed using the corresponding link on our website or in the product description, are shown separately during checkout, and must be paid in addition unless free delivery has been promised.

The available payment methods are displayed using the corresponding link on our website or in the product description. Unless otherwise stated for a particular payment method, amounts due under the contract are payable immediately.

Statutory rights in respect of defects

Liability for defects is governed by the “Liability for defects” section in Part A of these General Terms and Conditions.

Alternative dispute resolution and consumer arbitration

Information pursuant to section 36 of the German Consumer Dispute Resolution Act (VSBG): we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Our email address is info@ebrom.de.

C. Right of withdrawal and model withdrawal form

Right of withdrawal

If you are a consumer within the meaning of section 13 of the German Civil Code (BGB), you have the following right of withdrawal when making a purchase.

Instructions on withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period expires fourteen days after the day on which you, or a third party nominated by you other than the carrier, take physical possession of the goods.

To exercise your right of withdrawal, you must inform us:

EBROM, Thomas Schmolinski & Sven Wiechers GbR
Forststraße 4a
83123 Amerang, Germany
Telephone: +49/8074/9176911
Email: info@ebrom.de

of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post, fax or email. You may use the model withdrawal form below, but this is not obligatory. If you use this option, we will promptly acknowledge receipt of your withdrawal, for example by email.

You may also submit your withdrawal electronically using the online withdrawal function (“Withdraw from contract”) provided in our online shop. If you use this option, we will promptly acknowledge receipt of your withdrawal on a durable medium, for example by email.

To meet the withdrawal deadline, it is sufficient to send your notification before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs, except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer. We will reimburse you without undue delay and no later than fourteen days after the day on which we are informed of your decision to withdraw from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. You will not incur any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is earlier.

You bear the direct cost of returning the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply, among other cases, to contracts for goods made to the customer’s specifications, clearly personalised goods, or goods that by their nature are not suitable for return.

Please note

Please avoid damaging or soiling the goods. If possible, return them in their original packaging, with all accessories and packaging components. If you no longer have the original packaging, please use suitable packaging to prevent damage in transit.

These requests are not conditions for valid exercise of the right of withdrawal.

Business customers and resellers: the right of withdrawal applies only to private individuals acting as consumers. Business customers acting as traders do not have this right of withdrawal.

Model withdrawal form

If you wish to withdraw from the contract, please complete and return this form.

To: EBROM, Thomas Schmolinski & Sven Wiechers GbR, Forststraße 4a, 83123 Amerang, Germany. Telephone: +49/8074/9176911. Email: info@ebrom.de

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:

1. Ordered on (*) / received on (*):
2. Name of consumer(s):
3. Address of consumer(s):
4. Signature of consumer(s), only if this form is submitted on paper:
5. Date:

(*) Delete as appropriate.