General 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 conclude with us as the provider (Uwe Scheufen) via the internet site studiobrisant.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) As soon as the respective product is placed on our website, we submit a binding offer to conclude a contract under the conditions specified in the description of the item.
(3) The contract is concluded via 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 your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be 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, you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the opportunity to check and change all details again (also using the "back" function of your Internet browser) or to cancel the purchase.
By sending the order via the button "order with costs" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats shall be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You shall expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and therefore do not assume liability for errors.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects exist.
(2) In the case of used goods, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the item, claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
- for culpably caused damages attributable to us arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
§ 6 Choice of law
(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system , the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf 5. Essential characteristics of the goods or services https://www.ecommercetrustmark.eu/the-code-of-conduct/ The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices stated 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 called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Arising costs of money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment 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 to carry out the shipment.
8. Legal liability for defects
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions of Business (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found under: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 23.10.2019