General Terms and Conditions

I. General information

The following terms and conditions apply to all contracts and deliveries unless they have been amended with the express consent of the seller. Deviating general terms and conditions of the buyer shall only apply if we expressly agree to them.

II. Offer and scope of delivery

1. Offers of the seller are subject to change. The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate values, unless they are expressly designated as binding.
If the seller provides the buyer with drawings or technical documents relating to the technical object of purchase to be delivered, these shall remain the property of the Seller.

2. The order signed by the buyer is a binding offer. The purchase contract is concluded when the seller has confirmed acceptance of the order for the specified object of purchase in writing within 2 weeks or has delivered the object of purchase. However, the seller is obliged to notify any rejection of the order in writing immediately after clarification of the deliverability.

3. Assurance of properties, collateral agreements and changes should be confirmed in writing by the seller.

4. The seller reserves the right to make changes to the design and form of the delivery item, provided that the delivery item is not significantly changed, the intended use is not restricted and the changes are reasonable for the buyer.

5. If the seller, without being at fault, only becomes aware of facts after conclusion of the contract which give rise to justified doubts as to the creditworthiness of the buyer, the seller shall be entitled to demand appropriate securities. If the buyer does not provide this security within a reasonable period of time, the seller is entitled to withdraw from the contract.

6. The presentation of our goods in the online shop and on other internet platforms or marketplaces operated shops or in our catalogues, flyers and other advertising material does not constitute a binding offer, but an invitation to order.

7. By clicking the “Buy now” button, the customer places a binding order that constitutes a contractual offer. After submitting the order, an email is sent to the customer confirming receipt of the order and listing its details.

8. This order confirmation does not constitute acceptance in the sense of sales law, but is only intended to inform customers that their order has been received by Carl-Arnold Brill GmbH.

9. The purchase contract is only concluded when the ordered goods are dispatched.

10. Conclusion and execution of the contract shall be in German.

11. Carl-Arnold Brill GmbH reserves the right not to provide the promised service and to refund the purchase price to the customer if the goods are not or temporarily not available despite the prior conclusion of a corresponding purchase contract.

12. the presentation of our goods in online shops does not constitute a binding offer, but an invitation to order.

13. The customer can select goods from our range in the online shop and collect them in a virtual shopping basket without obligation using the “add to basket” button. The goods can be removed from the shopping basket at any time until the order process is completed. The “Checkout” button takes the customer to the subsequent order process. There the customer can log in with their user data, create a user account or continue as a guest. The customer then selects the shipping and payment method. By clicking the “Buy now” button at the end of the order process, the customer submits an order and at the same time makes a binding offer to purchase the goods listed on the order page. Until the order is sent, the customer can view and change his previous entries at any stage of the order process. Immediately before the order is sent, the customer’s order entries are summarised again and can be checked and changed. In addition, the customer can submit binding offers to purchase the goods selected by him via our order hotline or using the order forms provided by us by post, fax or e-mail.

14. We will send the customer a confirmation of receipt of the order by e-mail immediately after receipt of the order.  If acceptance is not expressly declared in the confirmation of receipt, the purchase contract shall only come into effect upon receipt of a further e-mail confirming the dispatch of the goods, but at the latest upon dispatch of the ordered goods by us.

15. The customer can print out the order data immediately after sending the order when ordering via the online shop. The order data and the contract text are stored by us. The order data is sent to the customer together with the confirmation of receipt. They can be saved and printed out by the customer. The current GTC can also be viewed, downloaded and printed out at any time in our online shop under the heading “GTC”.

16. In the event of any price and data errors, we reserve the right to withdraw from the purchase contract.

 

III. Prices, Payment Terms

1. Invoices are due for payment immediately, unless otherwise agreed, without any deduction. The due date for payment within 10 days from the invoice date requires a separate agreement.

2. Payments by bill of exchange are only permissible by special agreement. Bills of exchange and cheques are always accepted only as conditional payment, not in lieu of payment. In the event of a cheque or bill of exchange protest, the seller may demand immediate cash payment upon return of the cheque or bill of exchange.

3. In contracts with an agreed delivery time of more than 4 months, if significant cost increases have occurred in the purchased item, which, from the seller’s perspective, make the relationship between performance and consideration appear unreasonable, the seller has the right to request the buyer to renegotiate the purchase price.

4. For transactions with merchants, net prices (ex works) plus the applicable value-added tax are to be assumed. Measurements and dimensions at the loading point are binding for price calculation.

5. The prices do not include packaging, freight, and transport insurance unless expressly agreed otherwise. In principle, a toll/logistics surcharge of 3.25% of the net value of goods is levied for all orders with invoicing.

6. If the buyer is in default of payment, the seller is entitled to demand default interest of 1.25% per month plus any other default damages, unless the seller proves a higher burden with a higher interest rate or the buyer proves a lower interest burden. The interest is due immediately.

7. In deviation from §§ 366, 367 BGB, the buyer’s payment is first offset against the oldest claim.

8. If the buyer fails to fulfill his payment obligations, the seller is entitled to declare the entire remaining debt due. The seller is also entitled to demand immediate payment or security for executed deliveries and advance payments for all future deliveries, services, or parts thereof.

9. The seller is entitled to assign claims from our business relationship.

IV. Delivery Time

1. Delivery periods and dates are considered only approximately agreed unless the seller has expressly given a written commitment as binding.

2. The delivery period shall be extended reasonably in the event of force majeure, labor disputes, unrest, official measures, absence of deliveries from our suppliers, and other unforeseeable, unavoidable, and serious events for the duration of the disruption. The seller is obliged to provide the necessary information promptly within reasonable limits and to adjust his obligations in good faith to the changed circumstances.

3. Partial deliveries are permissible to a reasonable extent and, if advantageous for prompt processing, in case of doubt.

4. Upon provision of the goods at the agreed place of delivery by the seller, the risk passes to the buyer.

5. The expiration of certain delivery periods and dates does not release the buyer, who wishes to withdraw from the contract or claim damages for non-performance, from setting a reasonable grace period for performance, usually 14 days, and declaring that he will reject the performance after the expiry of the deadline. In the event of only slight negligence on the part of the seller, compensation is limited to the additional costs for a cover purchase or a substitute performance.

V. Notice of Defects, Warranty, and Guarantee

1. For defects in the delivery – except for warranted characteristics or culpable violation of essential contractual obligations – we are liable, excluding further claims, as follows:

a) For all goods, the statutory warranty periods apply from the transfer of risk. In the case of commercial and/or professional use, the warranty period is 12 months. In the event of rectification or replacement within the warranty, this does not trigger a new commencement of the warranty period.

b) For used goods, the warranty period for private use is 12 months from the transfer of risk, while warranty is excluded for commercial and/or professional use.

2. The buyer is obligated to promptly examine the received goods for defects, quality, and assured characteristics upon arrival. The examination of the goods and the notification of defects are subject to the provisions of the Commercial Code (HGB) with the following specifications:

– The buyer has the obligation to promptly examine the essential characteristics of the goods for their respective intended use upon delivery and to notify us of defects in text form without delay. In the case of intended installation or attachment of the goods, the internal characteristics of the goods also count as relevant for installation or attachment. The duty to examine persists even if an inspection certificate or other material certificate has been provided. Defects that cannot be discovered promptly after delivery, even with the utmost care, must be notified in text form immediately upon discovery.

– If the buyer neglects to examine the essential characteristics of the goods for their intended use, at least by random checks before installation or attachment (e.g., through functional tests or trial installation), this constitutes a particularly severe disregard of the diligence required in commercial transactions (gross negligence) in relation to us. In this case, the buyer’s rights regarding these characteristics are only considered if the relevant defect was deliberately concealed or a warranty for the condition of the item was provided.

3. If the buyer discovers defects in the goods during the examination or thereafter, they are obliged to make the disputed goods or samples available to us for examination of the complaint and to allow an inspection of the disputed goods within a reasonable period. Otherwise, the buyer cannot rely on defects in the goods.

4. If the goods are defective, the buyer is entitled to statutory warranty rights – with the limitations that the choice between rectification and replacement is at our discretion, and minor defects only entitle the buyer to a reduction of the purchase price (diminution).

5. If the buyer has installed the defective goods in another object or attached them to another object according to their nature and intended use, the buyer can only demand reimbursement for the necessary expenses for removing the defective goods and installing the rectified or defect-free goods (“removal and installation costs”) in accordance with the following provisions.

– Only those removal and installation costs are required that directly relate to the removal or dismantling of the defective goods and the installation or attachment of identical goods, incurred based on customary market conditions and proven to us by the buyer through suitable documents at least in text form.

– Beyond that, costs incurred by the buyer for defect-related consequential damages such as loss of profit, business interruption costs, or additional costs for replacement purchases are not direct removal and installation costs and are therefore not reimbursable as expenses according to § 439 para. 3 BGB. The same applies to sorting costs and additional expenses arising from the fact that the sold and delivered goods are located at a location other than the agreed place of performance.

– The buyer is not entitled to demand an advance payment for removal and installation costs and other costs of rectification.

6. If the expenses claimed by the buyer for rectification are disproportionately high in individual cases, especially in relation to the purchase price of the defect-free goods and taking into account the significance of the contractual non-conformity, we are entitled to refuse reimbursement of these expenses. Disproportionality exists, in particular, if the claimed expenses, especially for removal and installation costs, exceed 150% of the invoiced value of the goods or 200% of the defect-related reduction in value of the goods.

7. Further claims are excluded in accordance with section VI. This applies in particular to claims for compensation of:

– Damages not arising to the goods itself (consequential damages from defects),

– Costs for self-remedying a defect without meeting the legal requirements, and

– Removal and installation costs, insofar as the goods delivered by us were no longer present in their original condition at the time of installation or attachment, or a new product was manufactured from the delivered goods before installation.

8. An unjustified request for defect rectification entitles us to compensation if the buyer could have recognized, upon careful examination, that there was no material defect.

9. In the case of a mutual commercial transaction among merchants, §§ 377, 378 HGB (German Commercial Code) remain unaffected.

10. If the buyer identifies defects in the goods, they must not dispose of them, i.e., they must not divide, resell, or process them further until an agreement for the handling of the complaint is reached or a evidence preservation procedure is carried out by an expert appointed by the Chamber of Crafts or IHK at the buyer’s location.

11. Transport damages must be reported to the seller immediately. The necessary formalities are to be settled by the buyer with the carrier. Insofar as customary breakage, shrinkage, etc., remain within reasonable limits, this cannot be objected to.

12. In the case of justified complaints, rectification of defective goods or replacement delivery will be made at the seller’s discretion. Multiple rectifications are permissible.

13. The warranty does not cover damages resulting from normal wear and tear, faulty installation and assembly work, or faulty commissioning to the extent not caused by us, negligent or improper handling, or maintenance, improper use, and non-compliance with the installation or operating instructions and relevant standards. The warranty does not extend in particular to the wear and tear of consumable parts. Consumable parts include all rotating parts, all drive parts, and tools. Warranty claims also expire if alterations or repairs are made without our approval by the purchaser or a third party.

14. If the buyer does not provide us with the opportunity and reasonable time to convince ourselves of the defect and, if necessary, to carry out the necessary rectification (rectification or replacement delivery), all defect claims are void.

15. Further claims of the buyer, especially due to the absence of warranted characteristics or due to damages not arising from the delivered item itself, are excluded to the extent permitted by law.

VI. Limitation of Liability

1. The seller is liable for intent, gross negligence, and violation of essential contractual obligations, as well as the absence of guaranteed characteristics. Claims not expressly granted in these conditions are excluded, but in any case limited to damages foreseeable at the time of contract conclusion and, in terms of amount, to the value of the delivery.

2. To the extent that the liability of the seller is excluded or limited, this also applies to the personal liability of its employees, workers, collaborators, legal representatives, and agents. In cases of gross negligence by ordinary agents, the seller is liable for the typical, foreseeable damages.

3. The legal provisions regarding the burden of proof remain unaffected.

4. This regulation does not apply to claims arising from the Product Liability Act or in cases of impossibility or incapacity.

5. Unless otherwise agreed, contractual claims arising from or in connection with the delivery of the goods shall be barred one year after the delivery of the goods. This does not apply insofar as § 438 para. 1 No. 2 BGB, §§ 478, 479 BGB, or § 634a para. 1 No. 2 BGB prescribe longer periods, as well as in cases of injury to life, body, or health, intentional or grossly negligent breach of duty by us, or fraudulent concealment of a defect. In cases of defective subsequent performance, the limitation period does not start anew.

VII. Retention of Title

1. The seller retains ownership of the purchased item until receipt of all payments from the delivery contract.

2. If the buyer processes the reserved goods into a new movable item, the processing is done for the seller without the seller being obliged; the new item becomes the property of the seller. In the case of processing together with goods not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods compared to the other goods at the time of processing. If reserved goods are connected, mixed, or blended with goods not belonging to the seller in accordance with §§ 947, 948 BGB, the seller becomes a co-owner in accordance with legal provisions. If the buyer acquires sole ownership through connection, mixing, or blending, the buyer hereby transfers co-ownership to the seller in proportion to the value of the reserved goods compared to the other goods at the time of connection, mixing, or blending. In these cases, the buyer must store the goods owned or co-owned by the seller, considered as reserved goods under the preceding provisions, free of charge.

3. If reserved goods are sold alone or together with goods not belonging to the seller, the buyer hereby assigns the claim arising from the resale to the seller in the amount of the value of the reserved goods with all ancillary rights and ranking above the rest; the seller accepts the assignment. The value of the reserved goods is the seller’s invoice amount plus a security surcharge of 10%, which is disregarded to the extent that third-party rights oppose it. If the reserved goods resold are co-owned by the seller, the assignment of the claim extends to the amount corresponding to the seller’s share in the co-ownership.

4. The buyer is obligated to handle the purchased item carefully as long as ownership has not passed to the buyer. In particular, the buyer is obligated to adequately insure the item at their own risk against fire, water, and theft damages up to the replacement value. If maintenance and inspection work is required, the buyer must carry out such work at their own expense and in a timely manner.

5. The seller authorizes the buyer, subject to revocation, to collect the assigned claims on behalf of the seller. The seller will not exercise its own collection authority as long as the buyer fulfills its payment obligations, including towards third parties. Upon request, the buyer must identify the debtors of the assigned claims and notify them of the assignment; the seller is authorized to notify the debtors of the assignment itself.

6. In the event of third-party enforcement measures on the reserved goods or the assigned claims, the buyer must immediately inform the seller and hand over the necessary documents for objection.

7. With suspension of payment, application for insolvency proceedings, judicial or extrajudicial settlement procedures, the right to resale, use, or installation of the reserved goods and the authorization to collect the assigned claims expire; in the case of a check or bill protest, the collection authorization also expires. This does not apply to the rights of insolvency proceedings.

8. For the proper fulfillment of the buyer’s obligations, the seller is entitled to demand adequate securities. If the value of these securities exceeds the claims to be secured by more than 20%, the seller is obligated to retransfer or release to the extent of the excess, at its discretion.

VIII. Returns

For stock items, a processing fee of 10% of the value of the goods, but at least 10 EUR, is agreed upon for returns and is only possible within 30 days. The same processing fee applies to special orders, but at least the costs invoiced by the supplier if a return is possible. Returns of custom-made and embellished goods are excluded. Returns are only accepted with prior approval from the seller.

IX. Online Topics

1. Content of the Online Offer: The author assumes no liability for the timeliness, correctness, completeness, or quality of the provided information. Claims for damages against the author, relating to material or immaterial damage caused by the use or non-use of the presented information or by the use of incorrect and incomplete information, are fundamentally excluded unless the author can be proven to have acted with intent or gross negligence. All offers are non-binding and without obligation. The author expressly reserves the right to change, supplement, delete parts of the pages, or the entire offer without separate notice or to temporarily or permanently cease publication.

2. Contractual Partners: Carl-Arnold Brill GmbH only enters into purchase contracts with entrepreneurs according to § 14 BGB. This also includes public law entities, freelancers, and associations. If a customer with whom a purchase contract has been concluded is not an entrepreneur according to § 14 BGB, Carl-Arnold Brill GmbH reserves the right to withdraw from the contract within a reasonable period.

3. References and Links: In the case of direct or indirect references to external websites (“hyperlinks”) that are outside the author’s responsibility, liability would only come into effect if the author is aware of the content and it would be technically possible and reasonable for him to prevent the use in case of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content, or authorship of the linked/connected pages. Therefore, he distances himself explicitly from all contents of all linked/connected pages that were changed after the link was set. This statement applies to all links and references set within the author’s own internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists, and in all other forms of databases to which external write access is possible. For illegal, incorrect, or incomplete contents, and especially for damages arising from the use or non-use of such information, the provider of the page referred to, and not the one who only refers to the respective publication via links, is liable.

4. Copyright and Trademark Law: The author endeavors to respect the copyrights of the documents used in all publications, to use documents created by himself or to resort to license-free documents. Documents include graphics, audio documents, video sequences, and texts. All brand names and trademarks mentioned within the internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. The mere mention does not imply that trademarks are not protected by the rights of third parties! The copyright for published, self-created objects remains solely with the author of the pages. Reproduction or use of such graphics, audio documents, video sequences, and texts in other electronic or printed publications is not permitted without the author’s express consent.

5. Data Protection: If there is an opportunity to enter personal or business data (email addresses, names, addresses) within the internet offer, the disclosure of this data by the user is expressly on a voluntary basis. The use and payment of all offered services is, as far as technically possible and reasonable, also permitted without providing such data or by providing anonymized data or a pseudonym. The use of contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers, and email addresses by third parties for sending information not expressly requested is not permitted. Legal action against the senders of so-called spam mails for violations of this prohibition is expressly reserved.

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies,” text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be truncated by Google within member states of the European Union or other parties to the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You can prevent the storage of cookies by setting your browser software accordingly; however, please note that in this case, you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout.

6. Legal Validity of this Disclaimer: This disclaimer is to be regarded as part of the internet offer from which this page was referenced. If parts or individual formulations of this text do not, no longer, or do not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.

7. Newsletter: If you would like to receive the newsletter offered on the website, we need a valid email address from you, as well as information that allows us to verify that you are the owner of the specified email address or that the owner agrees to receive the newsletter. No further data is collected. You can revoke your consent to the storage of data, the email address, and its use for sending the newsletter at any time.

8. Right to Information: You have the right to information about the data stored regarding your person, their origin and recipient, as well as the purpose of storage. The data protection officer provides information about the stored data (execute the provider’s email link).

9. Further Information: Your trust is important to us. Therefore, we are available at any time to answer your questions regarding the processing of your personal data. If you have any questions that this data protection declaration could not answer or if you would like more in-depth information on a specific point, please feel free to contact the data protection officer, Mr. Benjamin Spallek, Creditreform Compliance Service GmbH, Hellerbergstr. 11, 41460 Neuss.

10. Disclaimer: Despite careful examination, we cannot rule out errors and do not guarantee the accuracy of the information contained. All information in our online shop is based on the currently valid standards and regulations of the professional associations. Only compliance with our assembly instructions guarantees product

X. Data Protection

The buyer is hereby informed that the seller processes personal data collected within the scope of business relationships in accordance with the provisions of the Federal Data Protection Act.

XI. Place of Performance, Jurisdiction, and Applicable Law

1. The place of performance for our deliveries, for subsequent performance, and for payments by the buyer is our place of business. Jurisdiction is the location of our main office. We may also sue the buyer at their place of jurisdiction.

2. German law applies to all legal relationships between us and the buyer, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated April 11, 1980.

XII. Supply Chain Due Diligence Act (SCDDA)

Our company has adopted the Supply Chain Due Diligence Act as the foundation of its business practices and is committed to promoting ethical and responsible practices in all aspects of its supply chain. In this context, we require active cooperation from our suppliers and expect them to take all necessary measures to ensure an ethical and responsible supply chain. Each supplier is obligated to comply with the requirements of the Supply Chain Due Diligence Act and adjust its business practices accordingly. We expect our suppliers to be aware of their responsibility and to utilize their capabilities and resources to meet the requirements of the law. We conduct regular assessments to ensure that all suppliers of the Brill Group meet these requirements and remain dedicated to maintaining a responsible and ethical supply chain.

XIII. EU Sanctions: Sale and Export to Russia and Belarus

The currently applicable EU sanctions against Russia and Belarus prohibit the Brill Group from selling, delivering, transporting, or exporting certain goods directly or indirectly to natural or legal persons, organizations, or institutions in Russia and Belarus or for use in Russia or Belarus. The buyer undertakes not to sell, deliver, transport, or export any goods obtained from the Brill Group, which are subject to such sanctions, directly or indirectly to natural or legal persons, organizations, or institutions in Russia or Belarus or for use in Russia or Belarus. In the event that the Brill Group becomes aware that the buyer has violated the above prohibition or if there is reasonable suspicion that the buyer has violated the prohibition, the Brill Group is entitled to terminate all contracts with the respective buyer immediately. The buyer is obligated to compensate the Brill Group for the damages (including lost profits) arising from the termination. Additionally, the buyer undertakes to indemnify the Brill Group upon the first request for all liabilities arising from the violation towards third parties.

XIV. Legal Effectiveness

If individual provisions are or become legally ineffective or if a gap arises in the contract, this does not affect the effectiveness of the remaining contract content. Effective Date: March 31, 2023