General Terms and Conditions of Business
General Terms & Conditions of Business as applied by E. Breuninger GmbH & Co to the ordering of gift vouchers and gift cards online.
Section 1 Scope of Application
(1) The ordering of Breuninger gift vouchers and gift cards from the www.e-breuninger.de website shall be subject exclusively to the General Terms & Conditions of Business detailed below.
Section 2 Conclusion of Contract
(1) Only persons of legal age with an address in Germany are entitled to order.
(2) Your order constitutes a binding offer to buy. Breuninger will send you an automatic confirmation of receipt by email which is further documentation of your order. This automatic confirmation of receipt merely confirms that your order has been received by Breuninger and does not constitute acceptance of your order.
(3) The contract with Breuninger is not concluded until Breuninger has sent the desired gift cards or gift vouchers to you.
(4) When payment is made with the Breuninger Card, Breuninger reserves the right to check your personal credit limit and, dependent on the results of this checking, to withhold acceptance of an order.
(5) Contracts shall be concluded in the German language only.
Section 3 Payment, Prices
(1) Any service and delivery costs that occur shall be detailed in the order form.
(2) Where payment is made with your Breuninger Card, your Breuninger Card account will not be debited with the total amount of your order including any delivery charges until after the goods have actually been dispatched.
Section 4 Cancellation Right
(1) As a consumer, you have the following cancellation rights:
- Cancellation Policy Guidance -
You may withdraw from your contract in writing (i.e. letter, fax, email) within a period of two weeks without stating any reasons. The deadline begins after receipt of this Policy Guidance in writing, but not before the goods have been received by the addressee and not before fulfilment of our information obligations as described in Section 312c subsection 2 of the Civil Code (BGB) in conjunction with Section 1 subsections 1, 2 and 4 BGB-InfoV and our obligations pursuant to Section 312e subsection 1 sentence 1 BGB in conjunction with Section 3 BGB-InfoV. Timely dispatch of the cancellation or of the item is sufficient in order to comply with the cancellation deadline. The cancellation should be addressed to:
E. Breuninger GmbH & Co.
Tel.: 0711 / 211 - 0
Fax 0711 / 211 - 1877
Consequences of cancellation
Upon a cancellation becoming effective, the items or services received by both parties are to be returned and any derived benefits (i.e. interest payments) relinquished. If you are not able to relinquish the item or service received and the usage thereof (i.e. benefits obtained) or not able to return it in its entirety in all instances, or only in a deteriorated condition, you are obliged to compensate for any loss in value. You are only obliged to compensate for loss in value for any deterioration to the item or for the benefit obtained from it to the extent that the use or the deterioration can be attributed to treatment of the item going beyond that which is necessary to examine the qualities and functioning of the item. ‘Examining the qualities and functioning’ is defined as the testing and checking of a commodity such as is possible and customary in a retail establishment. You are responsible for the regular costs of the return consignment where the goods delivered correspond to those ordered and where the cost of the item to be returned does not exceed an amount of 40.00 euros or, in the event of the item costing more than this, where you have not rendered any reciprocal service at the time of cancellation or not paid any instalments agreed to. Should none of these apply, the return of the consignment is free of charge. Any payment obligations must be fulfilled within a period of 30 days. The deadline begins for you with the dispatch of your notice of cancellation or of the item and for us, with the receipt thereof.
End of Cancellation Policy Guidance
Section 5 Delivery, Dispatch Costs
(1) The delivery period is 2-3 working days.
(2) Dispatch by Breuninger of Breuninger gift vouchers and gift cards is only undertaken to delivery addresses located in Germany.
(3) Deliveries within Germany are free of charge.
Section 6 Conditions of Payment, Means of Payment
(1) You can pay for Breuninger gift vouchers and gift cards with your Breuninger Card or a credit card.
(2) If nothing is agreed to the contrary, payment of the amount due for Breuninger gift vouchers and gift cards is due directly on conclusion of the contract. In case of default of payment, Breuninger is entitled to default charges amounting to 5 percentage points above the base interest rate p.a. of the European Central Bank. Should Breuninger have proof of higher losses due to delay, it is entitled to make a corresponding claim.
Section 7 Warranty
(1) Breuninger is liable for any material defects or defects of title in accordance with the statutory regulations applicable, in particular Sections 434 ff of the Civil Code (BGB).
Section 8 Return of Goods
(1) A consignment can be returned within 14 days following receipt. If the value of the items that you wish to return exceeds € 40, the return costs are free of charge.
Section 9 Copyrights
(1) Breuninger has the copyright to all pictures, films and texts published on the Breuninger website www.e-breuninger.de. Any use of the pictures, films and texts without Breuninger’s explicit approval is prohibited.
Section 10 Cookies
(1) Our website uses so-called cookies in several places. Their function is to make our services more user-friendly, efficient and more secure. Cookies are small text files that are installed on your computer and in your browser. Most of the cookies we use are so-called “session cookies”. They are automatically erased when your browser is closed. Cookies do not damage your computer and contain no viruses. You can adjust the setting of cookies to your requirements by making corresponding alterations to your browser.
Section 11 Final Clauses
(1) German law shall apply, with the exclusion of the UN Convention on the Sale of Goods (CISG).
(2) Subject to the buyer being an entrepreneur, the place of fulfilment and of jurisdiction shall be Stuttgart.
As at: January 2013