BRITA Terms And Conditions

Terms and Conditions for the BRITA online shop

Sec. 1 Scope of Application

All distance contracts concerning the sale of goods which are entered into between BRITA SE, Heinz-Hankammer-Straße 1, 65232 Taunusstein, Germany, phone: +49 6128 / 746-0, fax: +49 6128 / 746 - 355 (hereinafter: “BRITA”) and the customer shall be governed exclusively by these General Terms and Conditions.

Sec. 2 Conclusion of Contract

(1) The presentation of goods in the BRITA Online Shop does not constitute a binding offer to enter into a sales contract.

(2) The sales contract is concluded with the placement of an order by the customer (offer) and subsequent acceptance by BRITA. After the order has been transmitted, BRITA will send the customer an email in which the receipt of the order is confirmed and the details of the order are stated (confirmation of the order). The customer’s offer is not accepted with this confirmation of the order. Acceptance occurs with a further email to the customer in which the dispatch of the goods is confirmed (confirmation of dispatch).

(3) BRITA may refuse to enter into a contract with the customer.

Sec. 3 Right to Withdraw from Distance Contracts

(1) If the customer is a consumer, he/she shall be entitled to a right to withdraw as set forth in the following Information concerning the Right to Withdraw, provided that the contract has been concluded exclusively by using means of telecommunication, such as by letter, telephone, fax, email or online:

Information concerning the Right to Withdraw

Right to Withdraw

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (BRITA SE, Heinz-Hankammer-Straße 1, 65232 Taunusstein, Germany, Tel: 0800 279 4145, email: shop@brita.net) of your decision to withdraw from this contract by a statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning the goods.

- End of the Information concerning the Right to Withdraw -

(2) The right of withdrawal does not apply in case of the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

Sec. 4 Return of Goods upon Withdrawal

(1) If the customer exercises his/her right to withdraw, he/she will be obliged to promptly return any goods already received to BRITA, provided that the goods can be sent back as a parcel. The risk associated with the return shipment will be borne by BRITA. BRITA will bear the cost of the return shipment. Goods which cannot be sent as a parcel will be collected from the customer.

(2) BRITA also accepts goods which are sent back on a “freight collect” basis. In this case, however, the customer will have to pay the additional costs incurred as compared to a sufficiently stamped return shipment by UPS.

(3) The customer must compensate the loss of value if the goods deteriorate as a consequence of the use of the goods as intended or if there is any other deterioration for which the customer is responsible, if the goods are lost or if the return of the goods becomes impossible for any other reason. This does not apply if the deterioration of the object is due exclusively to an examination of the object that could, for example, also have been carried out in a shop. In addition, the customer can avoid the obligation to compensate BRITA for the loss of value caused by the deterioration resulting from the intended use of the object by refraining from using the object like an owner and desisting from any other actions which affect the value of the goods.

Sec. 5 Delivery and Shipping Costs

(1) Unless otherwise agreed, the customer shall bear the shipping costs as stated on the web pages. When orders are placed via the BRITA Online Shop, the shipping costs will be stated both on the web pages and in the shopping basket. The cost of special delivery procedures or special packaging requested by the customer shall be borne by the customer.

(2) BRITA reserves the right to make partial deliveries unless this is unreasonable for the customer. Any additional shipping and packaging costs incurred as a result of partial deliveries will be borne by BRITA.

(3) If BRITA is in default, the customer shall be entitled to rescind the contract only after a reasonable additional time period set by the customer for performance by BRITA has expired to no avail.

(4) BRITA shall be entitled to rescind the contract if a supplier of BRITA violates its contractual obligation and does not supply BRITA with the goods ordered. In this case, BRITA will promptly inform the customer of the non-availability of the goods ordered and promptly refund any payments already made by the customer.

Sec. 6 Prices and Terms of Payment

(1) All prices stated in the BRITA Online Shop, in the confirmation of the order by email (confirmation of the order), in the confirmation of dispatch or elsewhere are inclusive of UK value-added tax at the rate applicable from time to time. Should an increase in value-added tax take effect after the customer has placed the order (submission of the offer), this shall not affect the costs payable by the customer.

(2) The customer can select a method of payment from the list of payment methods.

(3) To safeguard against the credit risk, BRITA reserves the right to make the supply of the goods ordered contingent upon advance payment in particular cases.

(4) To the extent not otherwise provided in the order, the confirmation of the order, the confirmation of dispatch or elsewhere, the remuneration owed by the customer shall be due and payable without deduction upon delivery of the goods to the customer. If the customer fails to pay any invoice within 30 days of the due date and the receipt of the invoice, BRITA shall – without prejudice to any other claims – be entitled to charge annual default interest at a rate of 5 percentage points above the base rate applicable from time to time. BRITA expressly reserves the right to assert further claims for default.

(5) For the first request for payment (first reminder) (except if the customer is formally in default only as a result of this request for payment / reminder), a fee in the amount of GBP 2.00 will be charged; for the second request for payment (second reminder), a fee in the amount of GBP 4.00 will be charged. This does not affect the right of either party to prove that the costs actually incurred are higher or lower.

Sec. 7 Retention of Title

(1) BRITA will remain the owner of the goods until the remuneration owed have been paid in full.

(2) If the customer fails to fully pay the remuneration owed, BRITA shall be entitled to rescind the contract after setting a reasonable additional time period for payment which expires to no avail. Upon rescission BRITA will take the goods back and, as the case may be, may demand that the customer assign to BRITA all claims for surrender of the goods against third parties.

Sec. 8 Defects as to Quality

(1) BRITA warrants according to the following provisions that all goods supplied are free from defects as to quality at the time the risk passes.

(2) BRITA will remedy defects as to quality within a reasonable period of time (subsequent performance), either by removing the defect (repair) or by delivering goods that are free of defects (replacement delivery). In the event that subsequent performance fails or that subsequent performance is not acceptable to the customer or is refused by BRITA – or where justified for any other reasons, due regard being had to the interests of both parties – the customer shall be entitled without restrictions to the statutory rights to rescind the contract or to reduce the remuneration and, where applicable, to damages and reimbursement of expenses. A right to rescind the contract does not exist, however, if the defect is merely an insignificant defect as to quality.

(3) BRITA will cease to be liable if the customer modifies the goods himself/herself or has them modified by a third party without obtaining the consent of BRITA, unless the customer proves that the defects as to quality concerned have been caused neither in whole nor in part by such modification and that the modification does not make subsequent performance more difficult.

(4) BRITA is not liable for defects as to quality resulting from normal wear and tear, external impacts or improper use.

Sec. 9 Liability

(1) BRITA is liable for damages according to the statutory provisions for bodily injury, damage according to the German Product Liability Act (ProdHaftG), damage caused by fraudulent conduct and damage caused by willful misconduct or gross negligence on the part of BRITA, the legal representatives of BRITA or any of the persons whom BRITA employs in the performance of its obligations.

(2) For any other damage or losses, BRITA is liable according to the following provisions unless otherwise stated in any guarantee given by BRITA: BRITA’s liability for damages shall be limited to the amount of the foreseeable damage that is typical of the contract in the event of damage resulting from a slightly negligent breach of essential contractual obligations or of obligations the performance of which is a prerequisite to proper performance of the contract and compliance with which the customer can generally rely upon (cardinal obligations).
In all other cases, all liability of BRITA for damage or losses caused by slight negligence is excluded.

(3) According to the current state of the art, data communication via the internet is not free from defects and/or available at all times. For this reason, BRITA is not liable for the continuous and uninterrupted availability of the BRITA Online Shop, or for technical and electronic defects on which BRITA has no influence that occur during a business transaction, in particular for delays in processing or accepting offers.

(4) The above exclusions and limitations of liability shall also apply with respect to the personal liability of the executive bodies, statutory representatives and staff of BRITA and the persons whom BRITA employs in the performance of its obligations.

Sec. 10 Limitation

(1) Except in cases involving fraudulent intent, the customer’s claims for subsequent performance and for damages for a defect shall become time-barred within a period of two years from the delivery of the respective good to the customer. The exercise of a right to rescind the contract or of a right to reduce the remuneration shall be invalid if the customer’s claim for performance or for subsequent performance has already become time-barred.

(2) Claims of the customer which are based on a breach of duty other than a defect become time-barred within three years from the time the claim arises – except in cases of willful misconduct or gross negligence. This does not apply to claims for damages for bodily injury.

Sec. 11 BRITA Money-Back Guarantee

(1) BRITA gives a voluntary “money-back guarantee” for accordingly designated products in the BRITA Online Shop.

(2) The customer shall be entitled to return any goods that are covered by the “money-back guarantee” to BRITA within 30 days without stating a reason. The 30-day period commences upon receipt of the goods by the customer. The deadline is met if the goods are timely dispatched.

(3) The risk associated with the return shipment shall be borne by the customer. In addition, Sec. 4 above shall apply correspondingly with respect to the return shipment and the assumption of the cost of the return shipment.

(4) The customer is not obliged to compensate any loss of value which is suffered in connection with the deterioration resulting from the proper use of goods that are covered by the “money-back guarantee.” If and to the extent that the customer has already made a payment (i.e., purchase price and shipping costs) for the goods returned, BRITA will refund this payment within 30 days. If the customer returns only some of the goods purchased and these goods are covered by the “money-back guarantee” and have been ordered by the customer as individual goods in an order encompassing various goods, BRITA will refund the purchase price of the goods returned as well as the corresponding portion of the shipping costs.

Sec. 12 Data Privacy

BRITA is collecting, processing and using personal data only under observance of the provisions of data privacy law – in particular, the provisions of the German Federal Data Protection Act (BDSG) and the German Tele-Media Act (TMG) – and based on the data privacy policy applicable to the BRITA Online Shop.

Sec. 13 Set-Off / Retention / Assignment

(1) The customer may only make a set-off with regard to his/her own claims where these claims have been finally and un-appealably established by declaratory judgment or otherwise, are undisputed or have been recognized. A right to retain does not exist to the extent that this right is based on claims which arise from another contractual relationship.

(2) Claims against BRITA may not be assigned.

Sec. 14 Miscellaneous

(1) The legal relationship between the customer and BRITA shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna CISG Convention of 11 April 1980).

(2) If the customer is a merchant, does not have a general place of jurisdiction in Germany or relocates his/her place of residence or habitual residence to a foreign country after the conclusion of contract or if the place of residence or habitual residence is not known at the time an action is brought, the place of jurisdiction for all disputes shall be the registered office of BRITA, 65232 Taunusstein. However, BRITA is also entitled to bring an action against the customer at his/her place of residence.

Platform of the EU Commission regarding online dispute resolution: ec.europa.eu/consumers/odr

Conditions for the "cartridge service"

Sec. 1 Scope

(1) All distance contracts entered into between BRITA SE, Heinz-Hankammer-Straße 1, 65232 Taunusstein, Germany, phone: +49 6128 / 746-0, fax: +49 6128 / 746 - 355 (hereinafter: “BRITA”) and the customer via the BRITA Online Shop concerning the “cartridge service” shall be governed exclusively by these Terms and Conditions and the General Terms and Conditions for the BRITA Online Shop (hereinafter: “General Terms and Conditions”).

(2) If and to the extent that these Terms and Conditions deviate from the General Terms and Conditions, they shall take precedence over the General Terms and Conditions.

Sec. 2 Subject Matter of the Agreement

The “cartridge service” agreement is an agreement concerning delivery in installments. The subject matter of the agreement is the supply of such number of selected filter cartridges during the term of the agreement as has been determined by the customer. The cartridges will be supplied in several separate shipments. The time of the respective shipments and the number of filter cartridges to be supplied in each shipment shall be as set out in the purchase order.

Sec. 3 Right to Withdraw from Distance Contracts

Information concerning the Right to Withdraw

Right to Withdraw

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good. To exercise the right of withdrawal, you must inform us (BRITA SE, Heinz-Hankammer-Straße 1, 65232 Taunusstein, Germany, Tel: 0800 279 4145, email: shop@brita.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning the goods.

-End of the Information concerning the Right to Withdraw-

(2) The right of withdrawal does not apply in case of the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

Sec. 4 Return of Goods upon Withdrawal

Sec. 5 Delivery and Shipping Costs

The shipping costs incurred when delivering filter cartridges within the scope of the cartridge service shall be borne by BRITA. Only the cost of special delivery procedures or special packaging requested by the customer shall be borne by the customer.

Sec. 6 Prices and Terms of Payment

The customer shall pay the corresponding remuneration for every single shipment. This remuneration owed by the customer shall be due and payable without deduction when the invoice is issued. BRITA shall be entitled to issue the corresponding invoice 10 days before the respective shipment is made.

Sec. 7 Retention of Title

(1) BRITA will remain the owner of the filter cartridges of any particular shipment until the remuneration owed for such shipment has been paid in full.

(2) If the customer fails to fully pay the remuneration owed for a particular shipment, BRITA shall be entitled, after setting a reasonable additional time period for payment which expires to no avail, to either rescind the contract in part with respect to the affected shipment (first alternative) and/or, at BRITA’s choice, to rescind the agreement with respect to shipments that will become due in the future, provided that the requirements of Sec. 323 (4) German Civil Code (BGB) are met (second alternative). Upon rescinding the agreement in part according to the first alternative, BRITA will take back any goods that are covered by this retention-of-title clause and, as the case may be, may demand that the customer assign to BRITA all claims for surrender of the goods against third parties.

Sec. 8 Right of Termination

A right to terminate the agreement early without cause does not exist. This does not affect the customer’s right to withdraw from the contract (see Sec. 3 General Terms and Conditions).

The European Commission provides a platform for the online resolution of disputes (ODR platform). This can be accessed via the following internet address: http://ec.europa.eu/consumers/odr. BRITA is neither obliged nor ready to take part in a dispute resolution procedure of the consumer arbitration board.