General Terms and Conditions

§ 1 Domain, Contracting Parties

(1) These General Terms and Conditions shall apply to all orders and deliveries of goods between brainLight GmbH, Hauptstraße 52, 63773 Goldbach, Germany (hereinafter referred to as “User") and its customers in the respective version current at the time of conclusion of the contract.

(2) These General Terms and Conditions shall apply exclusively. Any terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions shall not be recognized unless the User has expressly agreed to them in writing in an individual case.

(3) For some of the following provisions, a distinction is made as to whether the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB-Bürgerliches Gesetzbuch) or an entrepreneur within the meaning of Section 14 (1) of the German Civil Code (BGB-Bürgerliches Gesetzbuch). In the case of provisions that are different for consumers and entrepreneurs, a distinction is made in the text between consumers (§13 BGB) and entrepreneurs (§14 para. 1 BGB). If the text refers exclusively to "customer", the provision applies to both consumers and entrepreneurs.

§ 2 Conclusion of the Contract

(1) By sending the completed order form, the Customer enters into a binding order within the meaning of §§ 145 ff. BGB with the User, to which the Customer is bound for a period of four weeks.

(2) The contract with the User shall be concluded when the User accepts this offer by sending the ordered product to the Customer or by sending a separate order confirmation.

(3) For purchases in the Internet store: The order is stored by the User after conclusion of the contract and can be retrieved by the Customer under his customer login area after completion of the ordering process. The order data can be printed out by the customer immediately after submitting the order or the customer can use the e-mail "order confirmation" for this purpose.

(4) The contract language is German or English.

§ 3 Prices

The prices quoted are in Euro and (outside the EU) do not include VAT and other price components like shipping costs.

§ 4 Delivery

(1) The time of delivery shall be agreed individually between the parties. The User shall be entitled to make partial deliveries and render partial services at any time, provided that these are reasonable for the Customer. If partial deliveries are made by the User, the User shall bear the additional delivery costs.

(2) If the Customer is a consumer, the User shall bear the transport risk. In all other cases, the risk of accidental loss and accidental damage of the goods as well as the risk of delay shall pass to the forwarding agent, the carrier or any other person designated to carry out the shipment upon delivery of the goods.

(3) If the User is not able to deliver the ordered goods through no fault of its own because its supplier does not fulfill its contractual obligations, the User shall be entitled to withdraw from the contract with the Customer. However, the User shall only be entitled to withdraw from the contract if the User has concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the relevant supplier and is not otherwise responsible for the non-delivery of the goods. In such a case, the User shall immediately inform the Customer that the ordered goods are not available. Any payments already made by the Customer shall be refunded without delay.

(4) If the User is prevented from fulfilling its delivery obligation due to the occurrence of unforeseen events, e.g. war, natural disasters, strikes and force majeure, and if the User was unable to avert these even with reasonable care under the circumstances, the delivery period shall be extended accordingly. The User shall also inform the Customer of this without delay. The Customer's statutory claims shall remain unaffected by this.

§ 5 Retention of Title

The goods shall remain the property of the User until the purchase price has been paid in full. Prior to the transfer of ownership, the goods may not be pledged, transferred by way of security, processed or transformed without the User's consent. The Customer shall notify the User in writing without delay if and to the extent that the goods are seized by third parties.

§ 6 Due Date and Payment

(1) Outside of Germany, the customer may choose to pay in advance (bank transfer) or by direct debit.

(2) The purchase price and any shipping costs are due upon conclusion of the contract.

§ 7 Revocation

If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), they have a right of withdrawal in accordance with the statutory provisions.

Right of Revocation

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us, brainLight GmbH, Hauptstraße 52, 63773 Goldbach, Germany, email: info@brainlight.de, fax: +49 06021 540997, phone: +49 06021 59070, by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the model withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the Revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract.The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.

The Right of Revocation does not apply to Distance Contracts
- for the delivery of audio and video recordings or software, if the delivered data carriers have been unsealed by the consumer;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

End of the Revocation Policy

§ 8 Liability for Defects

(1) The User shall be liable for defects existing at the time of handover of the goods for a warranty period of twenty-four months for consumers and for a period of twelve months for entrepreneurs.

(2) In the case of the sale of used goods, the User shall assume the warranty towards consumers for a period of twelve months and towards entrepreneurs also for a period of six months.

(3) Warranty rights of the Customer who is an entrepreneur require that the latter has complied in writing and without delay with his obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code ("Handelsgesetzbuch"- HGB).

§ 9 Transport Damages

(1) If the Customer notices obvious transport damage upon delivery, the User requests that a complaint be made immediately to the delivery agent and that the Customer contact the User as soon as possible at +49 (0) 6021/5907-0. The legal claims for defects of the consumer are not affected by this. However, it will make it easier for the User to enforce its claims against the transport company commissioned. 

(2) For customers who are entrepreneurs, the statutory provisions shall apply.

§ 10 Maintenance/Service

If no additional maintenance contract is concluded between the parties, the User is prepared to carry out service work at the request of the Customer during regular operating hours. The user's general terms and conditions for repairs shall apply.

§ 11 Liability

(1) The User shall be liable without limitation for damage caused intentionally or by gross negligence and in the event of fraudulent concealment of defects and the assumption of a guarantee of quality.

(2) For other damages caused by simple negligence, the User shall only be liable if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and if the damages are typical and foreseeable due to the contractual use of the goods. Insofar as the liability of the User is excluded or limited, this shall also apply to the personal liability of the employees, representatives and vicarious agents of the User.

(3) Liability under the Product Liability Act remains unaffected.

(4) Insofar as the User provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by the User, this shall be done free of charge and to the exclusion of any liability.