Terms and Conditions

Demir & Potschas GbR terms of sale 

Version: June 1st, 2017 

1. Scope
The following terms of sale (‘Terms’) shall apply to the sale of products via the Online-Shop (‘Shop’) operated by Demir & Potsches GbR (registered office: Potsdamer Strasse 79,
D-10785, referred to below as ‘Brillenschatz’ or ‘we’). 

In order to purchase a product in the Shop it is necessary for you to agree to the Terms. Please read through them carefully. If you do not agree to any of these Terms, you must not place any orders. 

2. Conclusion of the contract
If you are under 18 years old, you need the consent of your legal representative in order to conclude a contract with Brillenschatz.

You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Pay now" button on the checkout page. If you submit an order for goods via this site by clicking the 'Pay now' button, your order is an offer to us to buy the goods you have ordered on this site.

The offers made in our Shop are not binding. By placing an order in the Shop, you make a binding offer to conclude a purchase agreement. After you place an order, we will automatically send you an email in which we confirm the receipt of your order (‘Order Acknowledgement’). This Order Acknowledgement does not constitute the acceptance of your offer but is merely intended to inform you that we have received your order. It also includes detailed information in relation to your order and an order number, which you should state if you have any further questions about your order. 

Your contract with Brillenschatz only comes into existence if, within a maximum of 5 days after receipt of your offer, we send you a further email with an Order Confirmation in relation to the product which you have ordered (‘Order Confirmation’). If an order includes several products, the contract shall only come into existence in relation to the products identified in the Order Confirmation. The contract in relation to the additional products shall only become effective when we send you an Order Confirmation in relation to these as well. 

3. Costs of returns; right to cancel
If you order from Brillenschatz as a consumer within the meaning of Paragraph 13 of the BGB (the German Civil Code) (that is as a natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession), in addition to the other provisions of the Terms, the provisions under this heading apply. 

Notice of your right to cancel
You are entitled to cancel your order within two weeks without giving any reason. The cancellation period shall commence after you have received the item(s)
The cancellation must be addressed to
Demir & Potschas GbR
Potsdamer Strasse 79 
D-10785 Berlin
e-Mail: kontakt@brillenschatz.com,
via written notice (e-Mail or physical mail) and shall explicitly mention your decision to cancel your order. To cancel in due course it shall be sufficient to indicate the cancellation prior to expiration of the notice period.
Consequence of cancellation

In the event of an effective cancellation, all payments (including delivery cost) must be returned to you instantly but not later than 14 days after Brillenschatz has received the cancellation request. The payment will be refunded via the same payment method that had been used by you in the original purchase if not explicitly agreed otherwise with you. Brillenschatz will not charge any cost associated with refunding the money.

We will organize the item pick up. Brillenschatz assumes the shipping cost for the return. You only have to compensate us for the deterioration of the goods or for benefits obtained if the benefits obtained or the deterioration of the goods are attributable to handling the goods in a manner which goes beyond testing their qualities and functioning. ‘Testing their qualities and functioning‘ shall be understood to mean testing and trying out the relevant goods in a manner which is possible and usual, for example, in a physical store.

End of notice of your right to cancel

 

4. Prices and taxes
The prices stated on Brillenschatz’s websites do not include either shipping costs or handling fees. You can obtain information on shipping costs and handling fees here. You are notified of these costs before you place your order. 

All prices are inclusive of value added tax, which is shown separately prior to placing your order. Prior to your order, all prices stated on Brillenschatz’s websites may be changed at any time without advance notice. 

5. Payment; retention of title
In principle, the customer may pay the purchase price by cash in advance, credit card, or PayPal. However, for every order we reserve the right not to offer certain payment methods and to direct you to other means of payment. You will receive detailed information in relation to the payment methods possible in each case with the Order Confirmation.

Until payment in full, every product supplied remains the property of Brillenschatz or – in so far as third parties are the owners of the products ordered - the owner in the relevant case.

5.1 Payment by bank transfer

The following bank details must be used for payments by bank transfer:

Beneficiary: Abdullah Demir
IBAN: DE05 1005 0000 0190 5339 60  BIC:BELADEBEXXX

When making bank transfers, the order number and your surname must be stated as the reason for payment/reference.

5.2 Payment by Paypal

Payments by Paypal are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, authorised representative: Robert Caplehorn, Commercial Register number: R.C.S. Luxembourg B 118 349.

is transferred immediately and directly to us. Then your order can be dispatched immediately (you can find further information on transfer here).

5.4 Payment by credit card

Payments by credit card are processed via Wirecard AG, Einsteinring 35, 85609
Aschheim Deutschland. Your credit card account will be charged when your order is made.

6. Shipping; delivery
Products ordered will only be delivered once the purchase price has been credited to our account. As soon as the products you ordered have been shipped to you, you will receive a corresponding confirmation by email for your information. 

If Brillenschatz is unable to send a product to the address which you gave when ordering, we will inform you to that effect and we will not charge for your order. If a product cannot be delivered due to incorrect or incomplete delivery information provided by you, it will be sent back to Brillenschatz. In such cases, we will not charge for the product and/or any sums already paid will be reimbursed to you. However, we reserve the right to charge you shipping costs and where appropriate processing fees. If delivery of a product does not take place for other reasons, no costs will be charged to you and all payments which have already been made will be reimbursed.

Please note that any delivery dates and delivery periods provided by Brillenschatz or a contractor appointed by us are merely estimated information and do not constitute binding or guaranteed dates. 

7. Warranty
In the event of defects, you are entitled to the statutory warranty rights against Brillenschatz as seller. Unless expressly agreed otherwise in an individual case, Brillenschatz does not give any guarantees as to the characteristics of the goods which go beyond the statutory warranty rights or any other warranties.

In relation to any manufacturer’s warranty which possibly exists, please contact the manufacturer of the product. 

8. Limitation of liability
Brillenschatz’s liability for damages as a result of ordinary negligence, for whatever legal reason, shall be limited as follows: (i) Brillenschatz shall be liable to an extent limited in amount to the foreseeable loss or damage, which is typical for this type of contract in the event of breach of material duties arising from the relationship under the law of obligations (namely Brillenschatz’s duties which need to be fulfilled in order to make the proper performance of the contract possible at all and which the contractual partner therefore may normally rely on being complied with), which is caused by Brillenschatz, a vicarious agent or a legal representative of Brillenschatz; (ii) Brillenschatz shall not otherwise be liable for ordinary negligence (except in the cases listed in the following paragraph). 

The above limitations on liability shall not apply: (i) where Brillenschatz, its vicarious agent or a legal representative of Brillenschatz causes fatal injury, personal injury or harm to health; (ii) in the event of intentional conduct or gross negligence by Brillenschatz, a vicarious agent or a legal representative of Brillenschatz; (iii) in the event of a guarantee being given as to the characteristics of the goods or (iv) in the event of fraudulently concealed defects. In these cases, Brillenschatz’s liability shall not be limited. Liability under the Produkthaftungsgesetz (Law on product liability) shall not be affected by this.

9. Data protection
Brillenschatz ́s privacy statement explains how we handle your personal data and protect it if you buy products via Brillenschatz’s websites. You can find the privacy statement online.

10. Applicable law and place of jurisdiction
These Terms and any disputes arising from or in connection with these Terms shall be subject to German law excluding UN sales law. 

Where products are ordered by business people, the place of jurisdiction for all disputes arising from or in connection with these Terms shall be Berlin. In other cases, the statutory rules on the place of jurisdiction shall apply to all disputes arising from or in connection with these Terms. 

11. Changes to these Terms; severability
The Terms which are valid at the time of the purchase of a product shall apply to the corresponding order and the corresponding product. Brillenschatz reserves the right to change these Terms. Such changes shall not have retrospective effect and shall apply exclusively to future orders.
If a provision in these Terms is or becomes wholly or partially void, ineffective, impracticable or unenforceable, the effectiveness and the enforceability of the other provisions of these Terms shall not be affected.
[1] TÜV is a German Technical Inspection Association.