Terms and Conditions

General Terms and Conditions for Business with Consumers

§ 1 Area of application

(1)  These General Terms and Conditions of Business contains the only terms and conditions applicable between ourselves, Brinxs GmbH, Auf der Eierwiese 3A, D-82031 Grünwald, District Court, HRB 219951 Munich), represented by the General Manager, Evelyn  Lynch (Legal Notices) in so far as these conditions were not amended by written agreements between the parties.

(2)  You will be informed of amendments to these Terms and Conditions of Business in writing by fax or email. If you fail to object to this amendment within four weeks of receipt of the notification, you will be deemed to have accepted the amendments. In the event of an amendment to the Terms and Conditions of Business, your attention will be drawn again to your right of objection and to the legal consequences of remaining silent.

 § 2 Registration as a user

 (1)  There is no charge when you register with our trading system. There is no entitlement of admission to our trading system. Only persons with unrestricted legal capacity are entitled to participate in our trading system. You must send us a copy of your identity document if we so request. In order to obtain admission to our system, please complete the registration form on our web-site (you can do this electronically) and send it to us. The information you provide for registration must be complete and truthful. When you register, please also select a user name and a password. The user name must not infringe any third party rights, any name rights or trademark rights; it must also comply with the standards of public decency. You must keep the password secret and not disclose it to third parties under any circumstances.

(2)   Apart from the declaration of your agreement to the application of these Terms and Conditions of Business, your registration is not associated with any other obligations whatsoever. You can delete your entry at any time by going to "My account". By merely registering with us, you are not entering into any obligation to purchase the goods we offer.

(3)  If your personal data should change, you yourself are responsible for updating it. You can make all changes on line by logging on and then going to "My account".

 § 3 Data protection

 (1)  We will collect, process and save all the personal data you disclose to us (your form of address, name, postal address, date of birth, email address, phone number, fax number, bank details and credit card number) exclusively in accordance with the provisions of German data protection legislation.

(2)  Your personal data, in so far as this is needed to establish, amend or define the content of the contractual relationship (contract data), is used exclusively to execute the purchase contracts concluded between us, for example the delivery of goods to the address you indicate. Any further use of your contract data for the purposes of promotion, market research or designing our goods to meet the market's requirements requires your express consent. You can give this consent before placing your order. This statement of consent is entirely voluntary and can be accessed on our web-site; you may also revoke it at any time.

(3)  Your personal data which is needed for you to be able to purchase our goods and for invoicing purposes (utilisation data) will be used in the first instance only to execute the purchase contracts concluded between us. This utilisation data consists in particular of the attributes needed to identify you as a user, information on the beginning, end and extent of the relevant use of our web-site and information on the telemedia you made use of when using our site. We will also use such data for the purposes of promotion, market research or to customise our telemedia to create usage profiles while using pseudonyms. You have the right and the possibility of objecting to this use of your user data by going to "My account". Under no circumstances will usage profiles be linked to the corresponding data.

(4)  If you require further information or wish to access or revoke the consent you expressly gave for the use of your contract data or if you wish to object to the use of your user data, our phone support line is also available at the following email address Service@AugenWaide.com

(5)  SSL encryption to protect your data. For secure data transmission via the Internet, we use the Secure Socket Layer (SSL) encryption protocol. Your personal data and payment information are transmitted (at a high level with 256 bit SSL encryption) by certificated provider "Comodo" via a secure connection. During ordering process and during the registration / opening a customer account your personal data are requested. To ensure that your data is safe from unauthorized access, it is encrypted with the SSL (Secure Socket Layer method). The SSL process is currently one of the safest methods of data transmission over the Internet. Through the SSL process your data will be alienated before transmission so that it cannot be reconstructed by a third party. This encryption method also ensures that your data will be sent only to the server from which it was requested. Upon receipt of your information, these are then re-examined to check completeness and unwanted transformation.

§ 4 Contract conclusion

The display of our goods does not constitute a binding offer on our part. Only when you order an item does a binding offer as defined in § 145 of the German Civil Code come into being. If this offer is accepted we will send you an order confirmation ­by email.

§ 5 Terms of payment

The purchase price is due for payment immediately the goods are ordered. Payment for the goods is made by credit card (we use the SSL transmission process to encrypt your personal data).

§ 6 Retention of title

The goods remain our property until payment has been received in full. If you are in default of payment for more than 10 days we have the right to withdraw from the contract and to demand the return of the goods.

 § 7 Delivery terms

(1)  We will deliver the goods as agreed with you. The delivery costs incurred are listed alongside the product description; we will show these separately in the invoice. Delivery dates and delivery times are only binding if confirmed by us in writing.

(2)  In so far as we fail to deliver the goods or fail to deliver them in accordance with the contract, you must set a grace period for us to perform the service. You are not entitled to withdraw from the contract for other reasons.

§ 8 Cancellation right

You have a cancellation right. Your attention is drawn to the notification of your cancellation right in the Appendix.

§ 9 Warranty

(1)  If the goods which are supplied are defective, within the constraints of the statutory provisions you are entitled to require subsequent performance, to withdraw from the contract or reduce the purchase price.

(2)  Warranty claims for the goods which are supplied become time-barred two years from receipt of the goods.

§ 10 Liability restrictions

(1)  We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations, only the fulfilment of which makes the proper performance of the contract possible, the infringement of which prejudices the achievement of the purpose of the contract and on compliance with which you, as the customer, routinely rely. However, in the latter case we are only liable for loss or damage which is foreseeable and typical under the contract. We are not liable for the ordinarily negligent breach of obligation other than those specified in the above sentences. The above exclusions of liability do not apply in the event of bodily injury, loss of life and impairment of health. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(2)  With current technology it is not possible to ensure that data communication over the Internet is defect-free and/or available at all times. In this respect we do not guarantee the permanent, uninterrupted availability of our on-line trading system.

§ 11 Final provisions

(1)  Amendments of and additions to these Terms and Conditions of Business must be made in writing. This also applies to the waiver of this requirement for written form.

(2)  The law of the Federal Republic of Germany applies but with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you are normally resident remain unaffected.

(3)  In so far as you have no general place of jurisdiction in Germany or that you relocate your place of residence to a country outside Germany after conclusion of the contract or that your place of residence is unknown at the time of the commencement of an action, the place of jurisdiction for all disputes is the registered office of our company in Munich.

(4)  If individual provisions of this contract should be invalid or in conflict with the provisions of law, this contract is not affected in other respects thereby. The contractual parties will agree to replace the invalid provision by a provision which is valid in law and which comes closest to the economic meaning and purpose of the invalid provision. The above provision applies accordingly to lacunae in the provisions.

APPENDIX

 Consumer information and notification of your cancellation right

 In so far as you order goods during your visit to our web-site, we draw your attention to the following:

(1)  The only language available for the conclusion of the contract is German.

(2) Please see the individual product descriptions which form part of our on-line content for the key features of the goods we offer and the availability periods of offers with a limited term.

(3)  The display of our goods does not constitute a binding offer on our part. Only when you order an item does a binding offer as defined in § 145 of the German Civil Code come into being. If this offer is accepted we will send you an order confirmation by email. A purchase contract between you and us comes into being at this point.

(4)  In the final confirmation before the check-out you can see any input errors made when entering your order and can correct these at any time by means of the delete and change function before sending the order.

(5)  If the goods you ordered should not be available, we reserve the right not to render the service.

(6)  The prices we indicate are final prices including taxes and delivery charges within the Federal Republic of Germany.

(7)  The purchase price is due for payment immediately the goods are ordered. Payment for the goods can be made by credit card (we use the SSL transmission process to encrypt your personal data), bank transfer or cheque at your option. Our bank details are: BIC: DRESDEFFXXX, IBAN: DE47 5008 0000 0664 7042 01

Account number 0664704201, sort code: 500 800 00

(8)  You have a cancellation right:

NOTIFICATION OF YOUR CANCELLATION RIGHT

Cancellation right

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party nominated by you and who is not the carrier took possession of the goods.

In order to exercise your cancellation right, you must inform us, Brinxs GmbH, Auf der Eierwiese 3A,
D-82031 Grünwald, email: Service@AugenWaide.com) of your decision to cancel this contract by means of an unambiguous statement (e.g. a letter sent by post, a fax or email). You may use the attached specimen cancellation form but this is not compulsory.

All that is needed to comply with the cancellation period is for you to send the statement about the exercise of the cancellation right before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments we received from you, including the delivery charges (with the exception of the additional costs resulting from your selection of a delivery method other than the least expensive standard delivery we offer) without delay and no later than fourteen days from the day on which we received your statement about your cancellation of this contract. For this refund we will use the same method of payment as the one you used for the original transaction unless a different method was expressly agreed with you; in no case will you be charged a fee because of this refund. We may withhold the refund until we have received the goods or until you have furnished proof that you have sent the goods back to us, whichever is the earlier point in time.

You must return or surrender the goods without delay and in all cases not later than fourteen days from the day on which you informed us about the cancellation of this contract. You comply with this period if you despatch the goods before the end of this fourteen day period. You must bear the direct costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value is due to any handling or manipulation of the goods which is not necessary for checking the nature, properties and mode of operation of the goods.

 --- Appendix: Specimen cancellation form ---

Specimen cancellation form

(Please complete this form and send it to us if you wish to cancel the contract)

To

Brinxs GmbH

Auf der Eierwiese 3A
D-82031 Grünwald

Germany

Email: Service@AugenWaide.com

- I/we (*) hereby cancel the contract which I/we (*) concluded for the purchase of the following goods (*)/the performance of the following service (*)

- Ordered on (*)/received on (*)

- Customer's/customers' name(s)

- Customer's/customers' address

- Customer's/customers' signature(s) (only in the event of cancellation in hard copy form)

- Date

___________

(*) Please delete where inapplicable.

END of the notification of your cancellation right

(1)  We store the data necessary for the execution of the contract between you and us; you can access this data at any time. In this respect we draw your attention to the provision on data protection in our General Terms and Conditions of Business.

(2)  We are not subject to any special codes of conduct and codes of conduct not mentioned above.

(3)  In all other respects we refer to our General Terms and Conditions of Business.

Brinxs GmbH, (Munich District Court, HRB 219951 Munich), Auf der Eierwiese 3A,
D-82031 Grünwald, represented by the General Manager Evelyn Lynch, Value Added Tax registration number DE269828742

Version: April 2023