Terms of service E. Breuninger GmbH & Co.
General Terms and Conditions of E. Breuninger GmbH & Co.
Section 1 Scope
Section 2 Formation of the contract
Section 3 Right of cancellation and cost bearing agreement
Section 4 Voluntary right of return
Section 5 Reservation of title
Section 6 Delivery
Section 7 Prices / Shipping costs
Section 8 Payment conditions, payment methods
Section 9 Guarantee
Section 10 Dispute resolution
Section 11 Copyrights
Section 12 Data protection
Section 13 Final provisions
Section 1 Scope
(1)
For the business relationship between E. Breuninger GmbH & Co. (Breuninger) and the party ordering goods from the selected online sales platform at the internet address www.breuninger.com (Breuninger online shop), the following Terms and Conditions (Terms) apply exclusively.
(2)
Goods are exclusively sold to private customers as consumers; sale to merchants for commercial purposes is excluded. The commercial resale of goods is not permitted.
(3)
Goods as defined within these Terms are all products and services that can be acquired as part of an online order in the Breuninger online shop.
(4)
The following Terms and Conditions do not apply for orders that are placed with Breuninger outside of the Breuninger online shop.
Section 2 Formation of the contract
(1)
The presentation of goods in the Breuninger online shop does not constitute a binding offer to conclude a purchase agreement.
(2)
Orders may only be placed by persons of legal age with a delivery address in the country of the selected country shop. Goods are only issued in typical household quantities.
(3)
The minimum order value is 20 euro. Any returns, discounts, or other vouchers are not taken into account.
(4)
When you place an order – by clicking on the button “Buy now” – you are submitting a binding offer to purchase. Breuninger will send you an automatic confirmation of receipt by email that documents your order again. This automatic confirmation of receipt merely confirms that your order was received by Breuninger and does not comprise an acceptance of your offer.
(5)
Breuninger reserves the right, depending on the selected payment method, to check the information you provide with respect to the payment method, its validity and your creditworthiness in this regard, and to decline the acceptance of offers depending on the result of this check.
(6)
The contract with Breuninger is only established once Breuninger confirms the shipment of goods to you in a separate email. The deadline for acceptance is 7 calendar days at most.
(7)
If delivery of the goods you ordered is not possible, for example because the goods in question are not in stock, Breuninger will not issue a declaration of acceptance. In this case, no contract will be established with respect to these goods. We will inform you of these circumstances promptly and reimburse any already received payments without undue delay.
(8)
The language of the contract and contractual correspondence will be English.
(9)
We will store your order details within the framework of the statutory provisions. If you are registered in the Breuninger online shop, you can access your order details under “My account”.
If you lose your documents or your orders, please contact us by email or phone at onlineshop-lu@breuninger.com or at 00800-71 121 100. We would be happy to send you a copy of the stored data for your order.
Section 3 Right of cancellation and cost bearing agreement
(1)
If you are a consumer, you are entitled to the following right of cancellation for purchases in the Breuninger online shop:
- Cancellation policy -
Right of cancellation
You have the right to cancel this contract within fourteen days without providing reasons. The cancellation period is fourteen days starting from the day on which you, or a third party named by you who is not the forwarding agent, take possession of the last goods.
Sample cancellation form
If you would like to cancel the contract, you can send us an unambiguous declaration (e.g. letter sent by mail, fax or email) informing us of your decision to cancel the contract. You can write the cancellation yourself or use the Sample cancellation form, however this is not required.
- To:
E. Breuninger GmbH & Co. OHG
Marktstrasse 1-3
70173 Stuttgart, Germany
Phone 00800-71 121 100
- I/we (*) hereby withdraw the contract I/we (*) concluded concerning the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/Received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only for notification in paper form)
- Date
To comply with the cancellation deadline, it is sufficient for you to send notification that you are exercising the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must reimburse you for all payments that we have received from you, including the delivery costs (with the exception of additional costs that result from your selection of a different delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days starting from the date on which we received the notification that you were cancelling this contract. For this repayment, we use the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged fees due to this repayment. We can refuse repayment until we have either received the returned goods or until you have demonstrated that you have sent back the goods, depending on which occurs first.
You must send back or hand over the goods without undue delay, in any case no later than fourteen days starting from the day on which you notify us that you are cancelling this contract, to us or Breuninger GmbH & Co., Online Shop Logistics, Breuningerstr. 1, 74343 Sachsenheim, Germany. This deadline is met if you send the goods before the fourteen-day period has elapsed.
- End of cancellation policy -
(2)
The right of cancellation does not exist for remote sales contracts
(a) for the delivery of goods that are produced according to customer specifications or uniquely tailored to the personal needs of the ordering party or which are not suitable for returns due to their composition,
(b) for the delivery of audio or video recordings or software if you have unsealed the delivered data storage media.
Section 4 Voluntary right of return
(1)
Apart from the statutory right of cancellation, Breuninger grants you a voluntary right of return according to the following provisions. This right of return gives you the option of withdrawing from the contract within a period of 30 days. This period starts the day after receiving the goods.
(2)
To avail of the voluntary right of return, you must send the goods back to Breuninger within the deadline mentioned above.
Return shipment must be directed to the Breuninger address that is named in the return papers enclosed with the delivery.
On-time shipment is sufficient for observation of the deadline.
We reserve the right to refuse to take back goods if you fail to comply with the above requirements.
(3)
We only grant you the voluntary right of return subject to the condition that the goods are in faultless conditions upon return.
However, we reserve the right to refuse to take back goods at our discretion if
You send back the goods to us without all components (e.g. product packaging, such as protective pouches for shoes, straps, bags, high-quality shoe boxes etc.)
The goods are not in their original condition (for example if safety labels or other labels were removed from the goods)
The goods have deteriorated.
If we do accept the returned goods, however, we are entitled to demand an appropriate amount of compensation from you and offset this using any purchase price payments that were already made.
(4)
The voluntary right of return is excluded for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Furthermore, the voluntary right of return does not apply for goods that are not pre-fabricated and which depend on an individual selection or specification from the customer for their production, or which are clearly tailored to the customer’s personal needs.
Finally, the voluntary right of return does not apply for goods that are delivered in sealed condition if the seal was removed or damaged after delivery.
(5)
Your purchasing behavior will be reviewed at regular intervals. Should you exceed a return threshold of 90% based on the online purchases made within a period of up to 12 months, we reserve the right to temporarily or permanently block your customer account.
Section 5 Reservation of title
The goods remain the property of Breuninger until full payment has been made.
Section 6 Delivery
(1)
Delivery is restricted geographically to the country of the respective country shop that was selected. No deliveries will be made to delivery addresses in a delivery region that is excluded according to paragraph 2.
(2)
The following regions are excluded from delivery:
Netherlands: Deliveries to Aruba, Bonaire, Curacao, Sint- Maarten, Saba, Sint Eustatios
Italy: Deliveries to Livigno, Vatican City, San Marino and Campione d‘ Italia as well as the part of Lake Lugano belonging to the Italian territory between Ponte Tresa and Porto Ceresio
Spain: Deliveries to Ceuta, Melilla and the Canary Islands
(3)
Unless deviating delivery periods (particularly when the express function is selected) are agreed, the delivery period is up to 7 working days from order receipt, unless a shorter period is specified in the order process.
Section 7 Prices / Shipping costs
(1)
The prices valid at the time of the order shall apply.
(2)
You can find any service and shipping fees that are charged in the Help pages. These are also stated when placing the order.
Section 8 Payment conditions, payment methods
(1)
You can pay by credit card or PayPal. In addition, depending on the selected country shop, the following payment methods will be available to you. The time of payment/charging varies depending on the respective payment method:
Payment by credit card: Your credit card will be charged when you complete the order.
Payment with PayPal: Your PayPal account will be charged when you complete the order.
Payment with iDeal (Netherlands): Your bank account will be charged within a few months after correct payment.
Payment with Bancontact (Belgium): For payment by credit card, your credit card will be charged when you complete the order. For payment via rapid online transfer, your bank account will be charged within a few months after correct payment.
(2)
Unless otherwise agreed, the payment of the purchase price becomes due immediately upon conclusion of the contract. In the event of payment default, Breuninger is entitled to demand default interest at 5 percentage points above the basic interest rate per year published by the European Central Bank. If Breuninger can demonstrate that higher default damages were incurred, Breuninger is entitled to assert these.
Section 9 Guarantee
Breuninger is liable for material and legal defects according to the applicable legal regulations, particularly Sections 434 et seq. of the German Civil Code (BGB). The limitation period is two years pursuant to Section 438 (1) no. 3 of the BGB and begins upon delivery of the goods.
A restriction of your cancellation right pursuant to Section 3 is not associated with the regulations outlined here.
Section 10 Dispute resolution
Online dispute regulation pursuant to Art. 14 (1) of the ODR Regulation: The European Commission offers a platform for online dispute resolution (ODR) that you can find at http://ec.europa.eu/consumers/odr/.
Breuninger is willing to participate in dispute resolution proceedings before a consumer arbitration board.
Section 11 Copyrights
The content and structure of the Breuninger online shop and other websites operated by Breuninger are protected by copyright. All texts, pictures, graphics, audio, video, and animation files are subject to copyright law, trademark law and other laws for the protection of intellectual property. Some websites also contain pictures, graphics, audio, video, and animation files that are subject to copyright law, trademark law and other laws for the protection of the intellectual property of the parties who provided them. Copying or other use apart from private purposes or for disclosure, any other manner of publication, reproduction, and dissemination, whether in original or modified form and on any medium, or such a use on other websites, is not permitted without the express prior written consent of Breuninger.
Section 12 Data protection
(1) Data protection
You can find detailed information concerning data protection in our privacy policy at
www.breuninger.com/lu/en/service/data-protection-regulation/
(2)
Apart from the statutory cancellation right, we grant a 30-day right of return. Data about the returned goods will be collected and stored by Breuninger in this context. To prevent excessive returns, Breuninger analyzes this data up to twelve months in the past and contacts customers with high return rates with the aim of finding a solution that is satisfactory for both sides.
By notifying
E. Breuninger GmbH & Co.
Marktstraße 1-3
70173 Stuttgart
onlineshop-lu@breuninger.com
Phone 00800-71 121 100
you can object at any time to the use and processing of your data for Breuninger’s own advertising and marketing purposes as well as Breuninger’s own market research, and you can withdraw consent to the use of your data where this was previously granted.
Section 13 Final provisions
German laws apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Version: September 15, 2022