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Terms and Conditions
Brooklyn Soap GmbH
– called supplier in the following -
§ 1 Scope of Terms and Conditions
(1) All services offered by the provider in connection with the online shop at www.bklynsoap.com are carried out exclusively on the basis of the valid version of the following terms and conditions at the time of placing the order.
(2) Our terms and conditions apply exclusively. Terms and conditions of the customer which differ from our sales terms shall not be valid unless they have been expressly approved by us.
§ 2 Conclusion of Contract
(1) All of our internet offers present a non-binding invitation to the customer, to order goods. The customer makes a binding offer to conclude a purchase contract by sending the order via our website.
(2) A confirmation of the entrance of the order occurs immediately after sending the order and does not represent an acceptance of contract. We can accept your order by sending you an order confirmation via email within a period of two days.
§ 3 Payment, default
(1) The prices listed at the time of ordering on our website apply. They include the statutory value-added tax whereas the specified shipping costs are to be paid in addition to the shown prices.
(2) Payment of the purchase price can be made by credit card and via PayPal.
(3) If you select the payment method "PayPal”, payment will be processed through the service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
(4) If the customer fails to satisfy his payment obligations, we are entitled to demand interest for default amounting to five percentage points above the base rate of the European Central bank. In the event that we claim further damages caused by delay you have the opportunity to prove that the damages being claimed were not incurred at all or at least to a significantly lesser extent.
(5) Payment via invoice
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you payment via invoice as payment method. When purchasing with Invoice you receive your goods first and you have always a payment period of 14 days. Payment is to be made to Klarna. Please be aware that Invoice is only available for consumers. The complete terms and conditions you can find here. The online shop charges a fee of 0,00 € for invoice purchases.
Klarna reviews and evaluates the data you provided and in case of legitimate interest performs a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarnas privacy statement.
§ 4 Reservation of title
We shall retain title to the goods delivered until the purchase price has been paid in full.
§ 5 Delivery
(1) The delivery takes place within 5 workdays after receipt of the order. In case of payment by bank transfer / prepayment – 5 days after receipt of payment. We point to perhaps divergent delivery times on the respective product pages. The commencement of the delivery period specified by us is dependent on the customer’s timely and due fulfilment of his obligations, in particular his duty to provide a correct delivery address during the order process
(2) Should the provider not be capable of delivering the ordered merchandise for no fault of its own but because its supplier does not fulfil its contractual obligations, then the customer will be informed immediately that the product ordered is unavailable. Considerations which have already been made by the contractual partner will be reimbursed immediately. Other statutory claims of the customer are not affected.
(3) In business dealings, the risk that goods may deteriorate accidently or perish passes to the purchaser once they are handed over to the transport company. Should the transfer or shipment be delayed for reasons for which the customer is responsible, risk shall pass to the customer on the date that notification is made that the ordered article is ready for shipment.
§ 6 Default of acceptance
(1) In the event that the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for losses incurred, including any extra expenses. Further claims remain reserved. This does not apply if the customer effectively exercises his or her right of revocation, if the customer is not responsible for the circumstances, which led to the impossibility of delivery, or if the customer has been temporarily prevented from accepting the delivery, unless the seller informed the recipient about the delivery a reasonable time in advance.
(2) The purchase price shall bear interest during the period of default. The interest rate for the year is five percentage points above the base rate. In the case of legal transactions concluded between entrepreneurs the interest rate amounts to eight percentage points above the base rate.
(3) The customer shall be reserved the right to furnish evidence of the fact that the damage in the demanded amount has not accrued at all or at a much lower amount. The risk of accidental loss or of accidental degradation of the item purchased transfers to the customer at the point at which the customer falls into default of acceptance or payment.
§ 7 Defects liability
(1) In case of defect goods, the customer has the choice of whether the subsequent performance shall be carried out via rectifying the defect or replacement delivery. However, we are entitled to refuse the chosen type of subsequent performance if it is only possible with a disproportionate amount of costs and the other type of subsequent performance has no substantial disadvantages for the customer.
(2) If the subsequent performance has failed or if the seller refused subsequent performance in total, the purchaser at his option, may reduce the purchase price or declare revocation from the contract. Any eventual claims for damages by the customer shall remain unaffected.
(3) If the customer is an entrepreneur as defined by Section 14 of the German civil code, then, in relation to the defects liability claims of the customer, the following applies: Obvious faults and defects shall be indicated to the vendor in writing without delay, at the least, though, within 14 calendar days after the goods have been delivered. Non obvious defects shall also be reported to us in writing without undue delay, however, not later than within 14 calendar days after the defect being detected. If a notification of defects is not submitted or not in time, the liability of the vendor for the defect which was not reported is excluded. The preceding statement does not apply if the seller has fraudulently concealed defects, and/or has assumed a specific guarantee for the products. The statute of limitations period for defects liability claims for the delivered goods – except in the case of damage claims – shall be one year after delivery of the item purchased to the entrepreneur.
§ 8 Limitation of Liability
The seller is liable to the customer for all contractual, quasi-contractual and legal, as well as tortious claims for damages and expenses as follows:
(1) The seller shall be unrestrictedly liable for any legal reason
- in case of intent or gross negligence,
- in case of deliberate or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless agreed upon otherwise,
- due to mandatory liability such as according to the Product Liability Act.
(2) Should the supplier deliberately violate an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless in accordance with the above clause liability is unlimited. Essential contractual obligations are obligations which the contract imposes on the seller according to its content with a view of achieving the contractual purpose, the fulfilment of which only renders a correct execution of the contract possible and on whose compliance the customer may trust regularly.
(3) Apart from this, the seller’s liability is excluded.
(4) The above specified liability provisions apply equally to the seller’s liability for its vicarious agents and legal representatives.
§ 9 Data protection
§ 10 Applicable law, Place of jurisdiction
(1) The laws of the Federal Republic of Germany shall exclusively apply, under the exclusion of the UN-Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not deprive the consumer of mandatory norms safeguarding his interests.
(2) If the contracting parties are merchants, then the court at our business location in Hamburg is responsible, provided that an exclusive jurisdiction is not justified for the dispute. This also applies, if the customer does not reside within the European Union.
§ 11 Final clause
Should any provisions of this agreement be or become invalid or unenforceable, then the remaining provisions shall retain their validity.