General terms and conditions of business
Brooklyn Soap GmbH
Paulinenallee 32
20259 Hamburg
- hereinafter referred to as provider –
§ 1 Scope
(1) The services provided by the provider for the online shop at www.bklynsoap.com are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
(2) Our General Terms and Conditions apply exclusively. Any terms and conditions of the customer that deviate from our General Terms and Conditions are invalid unless we expressly agree to them.
§ 2 Conclusion of contract
(1) Our online offers represent a non-binding invitation to the customer to order goods. By submitting the order on our website, the customer submits a binding offer to conclude a contract.
(2) Confirmation of receipt of the order will follow immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by email within 2 days.
§ 3 Payment, Default
(1) The prices listed on our website at the time of the order apply. All prices include statutory VAT and are subject to the shipping costs listed.
(2) Payment of the purchase price is possible by direct bank transfer, payment by invoice, advance payment, credit card or via the PayPal service.
(3) If you select the payment method "PayPal", the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full .
(4) If the customer defaults on payment, we shall be entitled to charge default interest at a rate of five percentage points above the base interest rate of the European Central Bank. In the event that we assert further damages due to default, the customer shall have the opportunity to prove that the claimed damages did not arise at all or were at least significantly lower.
(5) Payment by invoice
In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account as a payment option. When purchasing on account with Klarna, you always receive the goods first, and you always have a payment period of 14 days. Payment is made to Klarna. Please note that invoice is only available to consumers. The complete terms and conditions for purchase on account can be found here . The online shop charges a fee of €0.00 per order for purchases on account with Klarna.
Klarna reviews and evaluates your data and, where there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal data will be treated in accordance with applicable data protection regulations and in accordance with the information in Klarna's privacy policy .
§ 4 Retention of title
We reserve ownership of the delivered item until the purchase price has been paid in full.
§ 5 Delivery
(1) Delivery will take place within 5 working days of receipt of the order, or 5 days after receipt of payment in the case of payment by bank transfer/advance payment. Any deviations in delivery times will be indicated on the respective product page. The start of the delivery time specified by us is subject to the timely and proper fulfillment of the customer's obligations, in particular the correct provision of the delivery address when placing the order.
(2) If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier fails to fulfill its contractual obligations, the customer will be informed immediately that the ordered goods are not available. Any consideration already provided by the contractual partner will be reimbursed immediately. The customer's statutory rights remain unaffected.
(3) For businesses, the risk of deterioration or loss of the goods shall pass to the purchaser upon handover of the delivery item to the transport company. If the handover or shipment is delayed for reasons attributable to the purchaser, the risk shall pass to the purchaser on the day of notification of readiness for shipment of the delivery item.
§ 6 Delay in acceptance
(1) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
(2) The purchase price shall bear interest during the period of default. The default interest rate shall be five percentage points per annum above the base interest rate. For legal transactions between entrepreneurs, the interest rate shall be eight percentage points above the base interest rate.
(3) The customer reserves the right to prove that damages of the claimed amount have not occurred or are at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time the customer defaults on acceptance or payment.
§ 7 Warranty
(1) In the event of a defect, the customer has the choice of whether subsequent performance should be carried out by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it would only be possible at disproportionate costs and the other type of subsequent performance would not result in significant disadvantages for the customer.
(2) If subsequent performance fails or we refuse subsequent performance altogether, the customer may, at his or her discretion, demand a reduction of the purchase price (abatement) or declare withdrawal from the contract. Any claims for damages by the customer remain unaffected.
(3) If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following shall be deemed to have been agreed for the customer's warranty claims: Obvious defects must be reported to the provider in writing without delay, at the latest within 14 calendar days after delivery of the goods; hidden defects must also be reported in writing without delay, at the latest within 14 calendar days after they become known. If the notification of defects is not made within the deadline, the customer's warranty rights with regard to the non-
Warranty claims are excluded for defects reported in a timely manner. However, this does not apply if the provider fraudulently concealed the defect and/or provided a corresponding guarantee. Warranty claims expire – except in the case of claims for damages – within one year after delivery of the purchased item to the entrepreneur.
§ 8 Limitation of Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
(1) The seller is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
(2) If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.
(3) Otherwise, the Seller’s liability is excluded.
(4) The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
§ 9 Data Protection
We treat your personal data confidentially and in accordance with statutory data protection regulations. Your data will not be passed on without your express consent, or only within the scope of the necessary contract processing, for example, to the companies entrusted with the delivery of the goods. For more information, see our Privacy Policy .
§ 10 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law deprives a consumer of mandatory consumer protection standards.
(2) If the contracting parties are merchants, the court at our registered office in Hamburg shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not reside within the European Union.
§ 11 Final provision
To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.