Terms of service

General Terms and Conditions with Customer Information

Table of Contents:

Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Broke Berlin GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby rejected unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers unless explicitly stated otherwise.

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither related to their commercial nor independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person, or a partnership with legal capacity, who, at the time of concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of the Contract

2.1 The product descriptions on the Seller’s online shop do not constitute binding offers by the Seller but serve as a request for the Customer to make a binding offer.

2.2 The Customer may submit an offer through the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer by clicking the button to complete the order process.

2.3 The Seller may accept the Customer’s offer within five days:

by sending a written order confirmation or a confirmation in text form (fax or email) to the Customer, with the receipt of the order confirmation by the Customer being decisive, or
by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
by requesting the Customer to make payment after the order has been placed.

If multiple alternatives exist, the contract is concluded when the first of these alternatives occurs. The acceptance period begins the day after the Customer submits the offer and ends with the expiration of the fifth day following the offer’s submission. If the Seller does not accept the offer within this period, it is considered a rejection, and the Customer is no longer bound by their offer.

2.4 For payments via "PayPal Express," payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), under the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

2.5 The contract text is saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter).

2.6 Before submitting the binding order, the Customer can recognize any input errors by carefully reviewing the information displayed on the screen. The Customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button to complete the order.

2.7 The contract is concluded exclusively in the German language.

2.8 Order processing and contact typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct to receive all emails sent by the Seller.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in the Seller’s withdrawal instruction.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residing in a member state of the European Union, and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the product description, the prices listed are total prices, including statutory value-added tax. Any additional shipping and delivery costs are separately specified in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply, which are the responsibility of the Customer. This includes, for example, charges for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties).

4.3 Payment options are provided to the Customer in the Seller’s online shop.

4.4 For payments via PayPal, payment processing is carried out by PayPal under the applicable terms and conditions available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4.5 For payments via "SOFORT," payment processing is carried out by SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany. The Customer must have an online banking account to use this service and authenticate the payment.

4.6 Payments made through "Shopify Payments" are processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.

5. Delivery and Shipping Conditions

5.1 Goods are delivered to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided during the order processing is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer is liable for the reasonable costs incurred by the Seller due to the failure. However, this does not apply to shipping costs if the Customer effectively exercises their right of withdrawal.

5.3 For self-collection, the Seller will notify the Customer by email when the goods are ready for pickup.

5.4 Vouchers are delivered to the Customer by mail.

6. Retention of Title

The Seller retains ownership of the delivered goods until full payment has been made.

7. Liability for Defects (Warranty)

7.1 If the purchased goods are defective, the statutory provisions on defects liability apply.

7.2 The Customer is asked to report any obvious transport damage to the carrier and inform the Seller. Failure to do so will not affect the Customer’s legal rights.

8. Redemption of Promotional Vouchers

8.1 Promotional vouchers issued by the Seller can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Certain products may be excluded from the promotion, as indicated in the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed.

9. Redemption of Gift Vouchers

9.1 Gift vouchers purchased from the Seller’s online shop can only be redeemed in the Seller’s online shop.

9.2 Gift vouchers are valid for three years from the year of purchase.

9.3 Gift vouchers can be redeemed only before the order process is completed.

10. Applicable Law

10.1 The laws of the Federal Republic of Germany apply to all legal relationships between the parties.

11. Jurisdiction

If the Customer is a merchant, public law entity, or public law special fund located in Germany, the exclusive jurisdiction for any disputes arising from this contract is the Seller’s place of business. If the Customer is located outside Germany, the Seller may bring legal action at the Customer’s location.

12. Alternative Dispute Resolution

12.1 The European Commission provides an online dispute resolution platform, which can be found at: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online contracts involving consumers.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.