General Terms of Business
E. Breuninger GmbH & Co.'s general terms of business for the online purchase of Breuninger gift vouchers and gift cards
§ 1 Area of validity
The currently valid version of these General Terms of Business ("General Terms and Conditions"), issued by E. Breuninger GmbH & Co., Marktstr. 1 – 3, 70173 Stuttgart, Germany ("Breuninger" or "we"), applies to the business relationship between Breuninger and the ordering party ("customer" or "you") and regulates the purchasing of gift vouchers and gift cards from the www.e-breuninger.de ("Gift card shop") website. Any other customer conditions will not be recognised unless they have been expressly approved in writing by Breuninger.
§ 2 Conclusion of contract
2.1 The way in which gift cards are presented in the gift card shop does not represent a binding offer for the conclusion of a sales contract.
2.2 Orders can only be placed by adults who have a delivery address in Germany. Gift cards can only be purchased in quantities suitable for domestic use, up to a maximum value of EUR 5,000.00.
2.3 By clicking the "Buy now" button, to make your purchase, you are making a binding offer to purchase. Breuninger will then automatically e-mail you a confirmation of receipt, which confirms your purchase. This automatic confirmation of receipt simply acknowledges that Breuninger has received your order. It does not mean that your order has been accepted.
2.4 Depending on which payment method you have selected, Breuninger reserves the right to check the data you have entered about the payment method, its validity, and your creditworthiness with regard to the value of the purchase. If you have selected the option of paying with a Breuninger Card, Breuninger reserves the right to check your personal credit limit and, depending on the results of these investigations, decline to accept orders from you.
2.5 The contract with Breuninger does not come into force until you receive a separate e-mail from Breuninger stating that the gift card(s) you ordered will be sent out to you. In this case, the acceptance period will be a maximum of 7 calendar days.
2.6 Breuninger will not accept your order if it is not possible to supply the gift cards you have ordered, for example, because that specific gift card is not in stock. In that case, the contract will not enter into force. Breuninger will inform you about the situation without delay and will immediately refund any financial outlay you have already made.
2.7 The contract language is German. Any correspondence regarding the contract will also be in German.
2.8 We will store your purchase order data in accordance with the current legal regulations.
If you lose the documentation about your purchase, please either send an e-mail to firstname.lastname@example.org or call + 49 711 211 1593 (Monday to Friday, 9:00 to 16:00, CET). Breuninger will be happy to send you a copy of the data saved about your purchase.
§ 3 Right to cancel
3.1 As a consumer, you are have the following right to cancel a purchase made in the gift card shop:
- Cancellation policy for gift vouchers and gift cards -
Right to cancel
You have the right to cancel the contract within 14 days, without giving a reason for your cancellation. The 14-day cancellation period begins on the day on which you or a third party nominated by you, who is not the carrier, receive(s) the last of the goods delivered.
To cancel your order, you must send us a clear instruction (for example, in a letter, fax or e-mail) about your decision to cancel the contract. You can use the attached sample cancellation form, but are not obliged to do so.
E. Breuninger GmbH & Co. OHG
70173 Stuttgart, Germany
Tel.: + 49 711 211 1593 (Monday to Friday from 9:00 to 16:00, CET)
Fax: + 49 711 211 3053
I/We (*) hereby give notice that I/We withdraw from My/Our contract of sale of the following gift card(s) (*)
- Ordered on (*)/received on (*)
- Consumer(s) name - Consumer(s) address - Consumer(s) signature [only required for a written notification]
To ensure your cancellation falls within the cancellation period, simply send us your notification of intent to cancel the order before the end of the cancellation period.
Consequences of cancelling the contract
If you cancel this contract, we will refund all the payments we have received from you, including delivery costs (with the exception of any additional costs incurred because you selected a delivery method other than the least expensive standard delivery offered by us), immediately, or at the latest 14 days after the day on which we receive your instruction to cancel this contract. Unless otherwise specified, any refunds will be paid to the same means of payment as was used for the original transaction. You will not be charged any fees for this refund. We may delay repayment until the gift cards have been returned to us, or until you provide proof that you have sent them back to us, whichever happens first.
You must return the gift cards to E. Breuninger GmbH & Co., Abteilung PAM, Marktstr. 1-3, 70173 Stuttgart, Germany, without delay, within 14 days of notifying us of your intention to cancel this contract, or hand them in at the store. To ensure your cancellation falls within the cancellation period, simply send the goods back to us within 14 days.
- End of cancellation policy -
§ 4 Retention of ownership
The gift cards remain the property of Breuninger until they have been fully paid for.
§ 5 Delivery
5.1 Breuninger will only send out gift cards to delivery addresses in Germany. If you would like to send a gift card to a European country outside Germany, please call us on + 49 711 211 1593 (Monday to Friday, 9:00 to 16:00, CET).
5.2 Unless other delivery deadlines have been agreed, the gift cards will be dispatched up to five working days after the order receipt, unless a shorter time period has been specified in the ordering process.
§ 6 Prices and shipping costs
6.1 The prices stated at the time the order was placed apply.
6.2 All the prices listed on the Breuninger website are consumer prices for delivery within the Federal Republic of Germany, including shipping costs.
§ 7 Terms and means of payment
7.1 Payments can be made either with the Breuninger Card or by credit card. The time of payment varies, depending on the means of payment:
a) payment by credit card: Your credit card will be charged when you complete your purchase.
b) payment with a Breuninger Card: Your Breuninger Card account will be charged when the goods are dispatched. The purchase will appear on your next Breuninger Card invoice.
7.2 Unless otherwise agreed, the purchase price must be paid immediately on the conclusion of the contract. If payment is delayed, Breuninger has the right to charge delay interest of 5 percent above the current annual basic interest rate set by the European Central Bank. If Breuninger can prove it has suffered greater damage due to the delayed payment, it is entitled to claim for this damage.
§ 8 Dispute settlement
8.1 The EU Commission provides a means of resolving disputes on one of its online platforms. Click on this link to access this platform: http://ec.europa.eu/consumers/odr/.
8.2 Breuninger is prepared to participate in a dispute resolution process before a consumer arbitration board. The consumer arbitration board responsible for such matters is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl, Germany
Tel: +49 7851 7957940
Fax: +49 7851 7957941
§ 9 Copyright
9.1 The content and structure of the Gift Card shop and any other websites operated by Breuninger are protected by copyright. All texts, images, graphics, sound, video and animation files are protected by copyright, trademark law and other legislation for the protection of intellectual property. Some Internet pages also contain images, graphics, sound, video and animation files that are protected by copyright, trademark law and other legislation for the protection of the intellectual property of the people who provided them.
9.2 Breuninger's express written permission must be given in advance before this data can be copied, used for anything other than personal use, passed on, published in any way, duplicated, or distributed, either in its original form or in a modified form, on any medium, or used in any way on other websites.
§ 10 Data protection
10.1 Breuninger will collect customer data for the purpose of processing contracts. Breuninger will comply with the currently valid legal regulations of the data protection laws. Breuninger will not use personal customer data for advertising or customer satisfaction surveys without the express permission of the customers involved. For more detailed information, please refer to Breuninger's Data Protection Statement, which can be accessed at any time in a print-ready format at https://www.breuninger.com/de/service/datenschutz.
§ 11 Liability
11.1 The customer is not entitled to claims for damages. This does not include customer claims for compensation due to loss of life, personal injury, damage to health or liability for other damages resulting from a wilful or grossly negligent breach of an obligation by Breuninger, its legal representatives or assistants. This shall also not affect liability for the breach of duties that are necessary for the due and proper fulfilment of the contract and in which the customer may normally trust. If a minor infringement of essential contractual duties due to negligence occurs, Breuninger will only accept liability for the foreseeable damage typical for this type of contract if the customer makes a claim for compensation resulting from loss of life, personal injury or damage to health.
11.2 Point 11.1 also applies to the benefit of Breuninger's legal representatives and assistants, if claims are made directly against them.
11.3 The regulations of the German Product Liability Act and the German Federal Data Protection Act remain unaffected.
§12 Final provisions
12.1 With regard to commercial transactions with buyers or legal entities, Breuninger's headquarters in Stuttgart, Germany, will be the place of jurisdiction for all disputes between Breuninger and its customers arising from contractual relationships.
12.2 If individual provisions of these General Terms of Business are, or become, invalid, this will not affect the validity of the remaining terms of business. If individual provisions of these General Terms of Business do become invalid, or necessary terms have not been defined to date, the invalid or missing provisions shall be retrospectively replaced by legally valid regulations that most closely correspond to those that would have been defined by the contractual parties, to achieve the commercial aims of the contract, and to meet the purpose of these General Business Terms, had they been aware of the invalidity or absence of necessary provisions.
12.3 Solely the laws of the Federal Republic of Germany shall apply for all legal relationships between Breuninger and the customer: neither conflict-of-laws rules nor the UN Convention on Contracts for the International Sale of Goods (CISG), dated April 1st, 1980, shall be taken into account.
Stand: August 2020