Terms of service
General Terms and Conditions
1. Scope
These General Terms and Conditions of Business apply to all orders and deliveries between BRH GmbH, Pettenkoferstr. 29, 80336 Munich, Germany, and its customers via the online shop www.thehynge.de.
2. Order process, enter into a contract, quantity limitation
2. 1 Order process
BRH GmbH offers its customers mechanical products for furniture, and at times furniture. By clicking on the products or product descriptions, the customer navigates to the product details. The product is placed in the virtual shopping basket by entering the requested quantity and clicking on the button “ADD TO CART”.
By clicking on the "shopping basket" button the customer navigates to an overview page and at any time can check the goods in the virtual shopping basket and, where necessary, make changes.
If a customer does not wish to purchase additional goods, they can continue via the "Checkout" button. To finalise the purchase the customer must enter their address and invoice information on the following page. Then the price details will be updated with VAT if applicable and shipping costs according to the address details entered. By further clicking on the "Next" button, the customer reaches the penultimate order stage where the customer has to choose the payment option and provide details according to the payment method chosen. The order is entered into by clicking on the "Place Order" button. This means a binding offer has been made.
2.2 Enter into a contract
The images of the range in the online shop are intended as an illustration and do not constitute binding offers for sale. By completing the order process by clicking on the "Place order" button the customer makes a binding offer to enter into a purchase contract. The contract with BRH GmbH is only concluded when the payment has been taken from the customers credit card or PayPal account. BRH GmbH will send an order confirmation within 48 hours after the order has been made.
2.3 Quantity limitation
The offered goods are sold in customary domestic quantities only, and only to persons of full age.
3. Prices and shipping charges
3.1 Prices
All prices on the product pages are displayed without statutory VAT and exclude shipping costs. In case that the statutory VAT is applicable for a purchase, this will be added and shown on the overview page in the shopping basket.
3.2 Shipping and shipping charges
Shipping charges will be calculated by the weight of the ordered products and by delivery region. Following delivery regions apply a) within Germany, b) within the European Union (excluding Island states), as well as c) Switzerland, Finland, Ireland, Malta, Montenegro, Cyprus and the United Kingdom and d) rest of world.
Shipping will be carried out via a shipping partner of BRH GmbH. The delivery times correspond to the standard shipping times to the delivery regions of the shipping company.
In the event that some of the ordered products are not in stock, BRH GmbH shall ship only when all items of the order are available.
In the event that BRH GmbH is unable to deliver the ordered product because BRH GmbH itself is not supplied by its own suppliers, without culpability on the part of BRH GmbH, BRH GmbH may withdraw from the contract. In such a case, BRH GmbH shall inform the customer without delay and reimburse payments made by the customer.
Deliveries are free of customs duties within the EU. In the case of delivery in countries outside the EU customs duties, taxes and other levies that may apply shall be borne by the customer.
In the event that supplied products are damaged en route, BRH GmbH is to be contacted, where possible, without delay. As a result, BRH GmbH shall have the option of lodging a complaint with the carrier or transport insurer regarding the damage. If the customer fails to provide notification of transport damage, this shall not have any effect whatsoever on the customer's statutory guarantee rights.
In order to fulfil customer orders BRH GmbH needs to pass on the customer email address, and if available a contact phone number to the delivery company authorised to delivering the goods. This forms part of the contract with BRH GmbH. The customer does not have the right to object. For further information please see our Data Protection page.
4. Retention of title
The goods shall remain the property of BRH GmbH up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by BRH GmbH.
5. Right of withdrawal
Customers who are consumers have a 14 day cancellation right.
A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor self-employed professional activity. The following regulations apply to the cancellation right and the excluding of the cancellation right. If customers have any further questions about cancellations, they can contact the BRH GmbH customer service.
To be eligible for a return, your item must be in the same condition that you received it, unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
Instructions on withdrawal
Right of withdrawal
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 (BRH GmbH, Pettenkoferstr. 29, 80336 Munich, Germany, Fax +498955059313, info@thehynge.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
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
a) In case your withdrawal reaches us before shipment has been initiated
If you withdraw from this contract prior shipment, 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.
b) In case your withdrawal reaches after shipment has been initiated
The return address will be sent to you with the confirmation of receipt of your withdrawal from this contract.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which we have confirmed the receipt of your withdrawal from this contract and forwarded the return address to you. The deadline is met if you send back the goods before the period of 14 days has expired.
The costs for the return of goods have to be born by you as the customer.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved and
- if you are a citizen of the European Union (EU), we will reimburse the full amount back to you within 14 days.
- if you are a citizen outside of the European Union (EU), we will reimburse the costs of all product items within 14 days, however no shipping costs will be reimbursed.
If more than 20 business days have passed since we’ve approved your return, please contact us at info@thehynge.de.
End of Information concerning the Right of withdrawal
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
6. Guarantee and liability
The statutory guarantee provisions apply.
7. Payment methods, invoices and vouchers
7.1 Payment methods
Payment for goods is to be made by using credit card (Visa, MasterCard, American Express) or Paypal.
PayPal is an online account-based system that lets anyone with an email address send and receive online payments using their credit card or bank account.
Shop pay and google pay are online account-based systems that lets anyone with an email address send and receive online payments using their credit card or bank account.
7.2 Invoices
BRH GmbH reserves the right to issue invoices to the customer electronically. Electronic invoices shall be sent to the customer by e-mail in PDF format. The sales tax invoiced shall not entitle the customer to an input tax deduction.
7.3 Discount Vouchers and Codes
When redeeming discount vouchers and codes, the Terms & Conditions of Use including minimum order value, the expiry date of the voucher, etc. must be adhered to. Only one discount per order can be used per purchase. Discount codes or vouchers cannot be traded or converted into cash, nor can they be applied retrospectively once the order has been placed.
8. Data protection
BRH GmbH takes the protection of its customers' data very seriously. The BRH GmbH data protection declaration can be viewed here.
9. Marketing & Customer communication
If the customer concludes a contract with BRH GmbH and specifies the electronic mailing address (email), BRH GmbH has the right to use this electronic mailing address (email address) of the customer for direct advertising of its own similar goods or services, if the customer didn’t object to this use at the point of collection. The customer always has the right to object to the use of the electronic postal address (email address) at any time by sending a communication to info@thehynge.de, without any costs other than the transmission costs according to the basic tariffs.
10. Identity of the contracting partner
BRH GmbH, Pettenkoferstr. 29, 80336 Munich, Germany
represented by the management board: Rebecca Damm, Anna Katharina Halde, Benjamin Halde, Munich Local Court ("Amtsgericht"): HR 227485, VAT-Id: DE307375423
11. Online Dispute Resolution
The European Commission’s official website for Online Dispute Resolution is available under //www.ec.europa.eu/consumers/odr. BRH GmbH is neither obliged nor willing to participate in a dispute resolution scheme.
12. Final provision
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of the aforementioned applicable law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence at the time of his order is not withdrawn.