General Terms and Conditions of Purchase of goods from the webshop of Char-Broil Europe GmbH
1. START OF CONTRACT
These General Terms and Conditions (hereinafter the ‘Terms’) apply to all purchase contracts concluded in the webshop (https://www.charbroil.co.uk/) (hereinafter the ‘Char-Broil Webshop’) between
Char-Broil Europe GmbH
Paul-Dessau-Str. 8
Quartier O - 4.OG
22761 Hamburg
Managing Director: Ian Railton / Thomas Penner / Steve B. Dean
District court Hamburg HRB 140126
Telephone: +49 (0)40 360 224 000
E-mail address: consumersupport@charbroil.eu
(hereinafter referred to as ‘Char-Broil’)
and you as the customer. These Terms apply irrespectively of whether you are a con- sumer, an entrepreneur or a merchant.
1.1 The version of the Terms valid at the conclusion of the respective contract shall be decisive.
1.2 Char-Broil shall not accept deviating terms of the customer. This shall also apply where Char-Broil has not explicitly opposed the inclusion of such terms.
2. CONCLUSION OF CONTRACT
2.1 When an order is placed with the Char-Broil Webshop, the purchase contract comes into effect as follows:
1. step: Selection of the desired item(s) and where relevant the desired quantity and features.
2. step: Check-out button is clicked.
3. step: In a series of sequential steps determined by the system, the con- tact details, billing and delivery address and choice of shipping and payment methods are entered and acceptance of the Terms is in- dicated by the ticking of the checkbox displayed.
4. step: Order is placed by clicking the order button marked ‘Order with ob- ligation to pay’. This brings the purchase contract with you in re- spect of the ordered item(s) into effect.
2.2 At any stage before clicking the ‘Order with obligation to pay’ button, you are free to change or correct the order contents or to cancel the order altogether without any obli- gation.
2.3 Char-Broil shall confirm receipt of your submitted order immediately by e-mail.
3. STORAGE OF CONTRACT TEXT AND CONTRACT LANGUAGE
3.1 Char-Broil does not store the text of the contract. Along with your order confirmation, Char-Broil will send you confirmation of the contract that replicates the substance of the contract on a durable data medium.
3.2 The language of the contract is German.
4. RIGHT OF CANCELATION
4.1 If you are a consumer (i.e. a natural person who has placed the order for a purpose that cannot be ascribed to either your commercial or your freelance professional activ- ity), you have a right of cancelation as governed by statutory provision.
4.2 For the rest, the right of cancelation is governed by the rules set out in the cancelation policy, which you can find via this link: https://www.charbroil.co.uk/cancelation-policy
5. DELIVERY CONDITIONS AND TIME
5.1 Char-Broil is entitled to make partial deliveries, where this is acceptable for you.
5.2 The delivery period is displayed during the ordering process.
6. PRICES AND SHIPPING COSTS
6.1 All prices stated on the Char-Broil Webshop are gross prices inclusive of the statutory sales tax but exclusive of the applicable shipping costs.
6.2 Shipping costs are listed in the Char-Broil Webshop price information. The price, in- cluding sales tax and applicable shipping costs, is also shown in the order form before you submit the order.
6.3 If Char-Broil fulfils your order by partial deliveries as described in section 5.1, you will only be charged shipping costs for the first shipment. If partial delivery is arranged at your request, however, Char-Broil Webshop will charge shipping costs for each ship- ment.
6.4 If you revoke your contract declaration with effect as per section 4, you can request the refund of costs already paid for shipping to you (dispatch costs) under the statutory conditions. (For other consequences of cancelation, see the cancelation policy that you can view via the link in section 4.2).
7. PAYMENT TERMS, OFFSETTING, AND RIGHT OF RETENTION
7.1 You can pay the purchase price and shipping costs either by credit card (Visa or Mas- terCard).
7.2 You are not entitled to offset against claims of Char-Broil except where your counter- claims are legally established or undisputed. You are also entitled to offset against the claims of Char-Broil Webshop if you are asserting notices of defects or counterclaims arising from the same purchase contract.
7.3 As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
8. RETENTION OF TITLE
The supplied goods shall remain the property of Char-Broil until payment of the pur- chase price is made in full.
9.DEFECT RIGHTS
9.1 Char-Broil shall be liable for defects in quality or title in the goods supplied pursuant to the applicable statutory provisions, in particular sections 434 ff. German Civil Code (BGB). The limitation period for statutory claims for defects is two years and starts with the delivery of the goods.
9.2 Any seller warranties issued by Char-Broil for specific items or manufacturer warranties granted by the manufacturers of particular items shall be in addition to the claims for defects in quality or title within the meaning of section 9.1. The details of the scope of such warranties are provided in the warranty conditions that are provided with the items where applicable.
10. LIABILITY
10.1 Char-Broil shall be liable to you in all cases of contractual and non-contractual liability for wilfulness or gross negligence in accordance with the statutory provisions for com- pensation for damages or reimbursement of wasted expenditures.
10.2 In other cases Char-Broil shall only be liable, unless otherwise stipulated in section 10.3, for breach of a contractual obligation where the fulfilment of that obligation makes performance of the contract possible in the first place and on the fulfilment of which you as the customer can normally rely (cardinal obligation), and this is restricted to com- pensation for foreseeable and typical damages. In all other cases the liability of Char- Broil shall excluded, subject to the provision in section 10.3.
10.3 Liability of Char-Broil for damages arising from injury to life, limb and health and arising from the Product Liability Act (Produkthaftungsgesetz) is not affected by the above lim- itations and exclusions of liability.
11. COPYRIGHTS
Char-Broil or the licensors of Char-Broil Webshop hold the copyrights to all images, films, and texts that are published in the Char-Broil Webshop. No use of those images, films, or texts is permitted without the express consent of Char-Broil.
12. APPLICABLE LAW AND PLACE OF JURISDICTION
12.1 This contract is governed by the law of the Federal Republic of Germany with the ex- clusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and are ordinarily resident at the time of ordering in a different country, the application of mandatory legal provisions of that country shall not be affected by the choice of legislation stated in sentence 1.
12.2 If you are a merchant with headquarters in Germany at the time of ordering, the sole place of jurisdiction shall be the headquarters of Char-Broil at Hamburg. For the rest, the applicable statutory provisions shall apply to local and international jurisdiction.
13. SETTLEMENT OF DISPUTES FOR CONSUMERS
13.1 The European Commission provides an online dispute resolution (ODR) platform, ac- cessible at http://ec.europa.eu/consumers/odr/
13.2 Char-Broil is obliged by law to inform you of the e-mail address of Char-Broil. This is: consumersupport@charbroil.eu
13.3 Char-Broil hereby informs you that Char-Broil does not participate in the dispute reso- lution procedures of a consumer arbitration board within the meaning of the Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreit- beilegungsgesetz) and is not obligated to do so.