Our legal terms for delivery and payment
The following delivery and payment terms are exclusively binding and are deemed accepted by the customer upon placing an order. These terms are also binding for all future business relationships. They take precedence over any purchasing or ordering conditions of the customer, even if these have already been made known to Mirko Braukmüller before the transmission of the General Terms and Conditions or their application is excluded. An objection by Mirko Braukmüller is not required to enforce these terms.
Unless otherwise agreed in writing, our prices and offers are non-binding and are exclusive of the applicable statutory value-added tax. Offers from Mirko Braukmüller, regardless of their form, may be changed at any time without prior notice.
Details in offer lists, catalogs, brochures, PDFs, and other informational materials such as images, descriptions, EAN codes, product groups, and packaging information are non-binding unless expressly declared as binding. The customer must independently inform themselves about the essential product details before placing an order.
Changes or improvements are reserved unless expressly agreed otherwise. Minor deviations from the described product features are considered accepted and do not affect contract fulfillment.
An order or declaration of acceptance (in any form) only becomes binding upon our written confirmation. Minimum order values and proportionate shipping costs are based on the current price lists and offers. For each product group, the minimum order value and associated shipping costs must be observed.
We reserve the right to deliver goods in partial shipments and to issue separate invoices for these, unless otherwise agreed. The stated delivery times are only non-binding estimates and do not constitute fixed agreements.
In the event of unforeseen circumstances such as force majeure or delivery delays from our suppliers, we reserve the right to delay delivery or withdraw from the contract without any claims for damages against Mirko Braukmüller arising as a result.
In the event of a delivery delay due to culpable delay, this only takes effect after a reasonable grace period. The customer is obliged to accept the goods even in the event of delayed delivery; a price reduction is excluded.
If the customer refuses acceptance or does not wish to accept the delivery, they shall bear the costs for a renewed delivery or any possible contract cancellation, including shipping, storage, and warehousing costs.
Mirko Braukmüller reserves the right to determine the type of delivery (e.g., on pallets, in packages, as pallet loads, or loose on pallets). The customer must ensure that they properly accept the delivery and inform us in good time of any delivery obstacles as soon as the order confirmation is available.
The order confirmation does not constitute an obligation to deliver the ordered goods. If the customer withdraws from the contract after receiving the order confirmation or cancels their order, they shall bear all costs and damages associated with the cancellation.
This includes, in particular but not limited to, disposal costs for already ordered goods, return shipping costs, storage fees, and other expenses resulting from the cancellation or non-acceptance. These will be invoiced to the customer.
After order confirmation, prices generally remain non-binding. Unless otherwise agreed, the amount is to be paid within seven (7) days after receipt of the invoice without deduction.
As a rule, we offer advance payment as the payment method, without the customer having a claim to another payment method. We accept payments exclusively from accounts within the European Union. Mirko Brauker assumes no liability for any transaction fees.
If we become aware of any circumstances that significantly impair the customer's creditworthiness, we are entitled to make all outstanding claims due for payment immediately, including those from other business relationships.
Complaints and defects must be reported in writing immediately after receipt of the goods, but no later than within seven days. Otherwise, the goods are considered accepted. Complaints must be made in writing only.
Our warranty is limited to replacement delivery, reduction, rectification, or withdrawal from the contract, at the discretion of Mirko Braukmüller. Returns are only possible with our express written consent. Without this consent, returns will not be accepted and the buyer shall bear the costs of refusal.
Claims for damages due to injury to life, body, or health are only permissible if Mirko Braukmüller is responsible for the breach of duty. To the greatest extent permitted by law, Mirko Braukmüller is not liable for direct or indirect damages (including operational failures, loss of profit, or loss of business interests), regardless of the reason. This also applies if Mirko Braukmüller has been advised of the possibility of such damages.
The goods remain our property until all outstanding claims from the business relationship have been settled, even if they have already been delivered. In the case of ongoing invoices, the retention of title also applies to secure the outstanding balance claims. The exercise of the retention of title does not release the buyer from their contractual obligations.
The customer undertakes to store and insure the goods owned by Mirko Braukmüller properly. During the period of retention of title, the goods may only be used within the Federal Republic of Germany and may not be removed from the contractually agreed delivery area.
The place of performance and jurisdiction for all obligations arising from the business relationship is the registered office of Mirko Braukmüller. Only the law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.