TERMS AND CONDITIONS
Contractual partner for sales and delivery is:
registered in the commercial register of the Berlin Local Court, HRB 216849 B represented by the managing director Orhan Mertyüz.
hereinafter also referred to as "bring.de".
For the delivery and sale of goods, the following general terms and conditions apply exclusively in the version available on the Internet at the time the shopping cart was created. Terms and conditions can be saved and / or printed out for the purpose of creating the shopping cart.
C. Sales contract
1. Subject matter and purpose of the contract:
1.1. bring.de presents the range of different stores in the mobile app (bring), hereinafter referred to as the app. The user selects the specifically named shop or the specifically named shops in his vicinity that he would like to use from a list provided on the platform, which is displayed depending on the user's zip code.
1.2. In the following, the app (bring) shows the user a selection of the range of the selected shop. The user can then select goods from the range that he would like to have delivered. In the compilation, only shopping baskets are taken into account that contain goods in normal household quantities. In particular, beverage crate orders of more than three (3) crates are considered to be uncommon for households. Bring.de therefore reserves the right not to edit a compilation if the user has submitted a compilation of unusually high household quantities. Bring.de will inform the user about this. The compilation and transmission of a shopping cart to Bring.de does not result in a binding contract for the purchase of the compiled goods with Bring. The compilation of the user's shopping cart is deemed to be an invitation to submit an offer to Bring.de to offer the relevant goods to the user for sale at the desired address.
1.3. Users can only use the app (Bring) to put together food, drinks or other household items for daily use that are delivered to the user's place of residence, whereabouts or work place as part of frequent and regular trips.
2. Technical steps that lead to the creation of the shopping cart:
2.1. After registering, the user can add the respective goods to his shopping cart by pressing the ADD button ("+").
2.2. The user can view his shopping cart by clicking the "View shopping cart" button. Here the user can make changes and cancellations of the selected goods.
2.3. By pressing the "Order now" button, the user is directed to the next page. (The user must have already entered the desired delivery address)
2.4. By pressing the "Select a payment method" button, the user is directed to the next page, where he selects his preferred payment method and presses "Accept".
2.5. After this step, the user returns to the “Order now” page and can see his shopping cart again and check his previous entries again.
2.6. The compiled shopping cart is placed as soon as the user clicks on "Place order". However, this does not constitute a binding offer for the user.
2.7. The order can only be canceled or changed if the shopper has not yet started shopping. As soon as the shopper starts shopping, a status update takes place via a message in the app (see p.
2.8. A contract is only concluded when the user selects the goods when they are presented by the shopper.
2.9. The user can reject the offered goods in whole or in part without giving reasons.
3.1. In accordance with this agreement, Bring.de transmits the compiled shopping cart to an entrepreneur ("shopper") operating on its own account. This is only active for Bring.de within the scope of the compiled shopping cart. The requested shopper checks whether he wants to make the purchase in accordance with the compiled shopping cart and autonomously decides whether to accept the order. The shopper is not subject to any instructions from Bring.de when carrying out the purchase, but organizes and organizes them on his own responsibility. If the requested shopper rejects a booking request, Bring.de tries to find another suitable shopper.
3.2. If the compiled shopping cart is successfully transmitted to a shopper, Bring.de will inform the user in good time (e.g. by notification in the Bring.de app [2.8]). Bring.de usually sends the compiled shopping carts shortly before the delivery time window requested by the user. If there is no successful transmission, Bring.de will cancel the shopping cart and inform the user accordingly.
3.3. The shopper procures the goods selected in the user's shopping cart (if available) in the respective shop and delivers this shopping cart directly to the address specified by the user. The user has the option of not picking up the complete shopping cart from the shopper at the front door, but only certain goods under the conditions mentioned in 2. When the goods are delivered, Bring.de, represented by the shopper, and the user conclude the purchase contract for the goods actually selected by the user.
3.4. Selection of loose goods: In the case of loose goods (especially from the areas of fruit, vegetables, meat, sausage and cheese), Bring.de will endeavor to put together the quantity requested by the customer and to keep deviations in quantity as low as possible. Loose goods are those goods that are advertised / offered unpackaged according to weight / volume / length or area and are weighed individually based on the amount specified by the customer, so that the final price to be paid by the customer - based on the specified basic price in euros each 100 ml or 100 g or in euros per 1 kg / 1 L / - 1 m² or 1 m³ relates to the actually weighed amount.
3.5. Selection of non-calibrated goods: In the case of non-calibrated goods (in particular from the areas of fruit, vegetables, meat, sausage and cheese), Bring.de will endeavor to choose packs whose contents correspond as closely as possible to the quantity requested by the customer. Non-calibrated goods are goods that are packaged / advertised / offered according to weight / volume / length or area and for which each package has a different nominal volume, so that the final price to be paid by the customer - based on the specified basic price in euros per 100 ml or 100 g or in euros per 1 kg / 1 L / 1 m² or 1 m³ - based on the actual quantity.
3.6. Registration and blocking: In order to be able to order goods via our app, you must have registered with your personal data in the app. You are only allowed to create one customer account with your name and your delivery address - if you do not comply with this, this can lead to a change or deletion of your customer account.
3.7. In the event of a violation of our terms and conditions or if there are indications of other abusive behavior, we reserve the right to block your account and refuse deliveries.
4. Information according to the food information regulation:
4.1. The purchased goods are, with the exception of the items listed in No. 4.2. named, so labeled that the ingredients and relevant product information can be read directly on the label.
4.2. For certain goods that are individually packed at special fresh food counters (e.g. cheese, meat, but also pastries), this information may be missing on the labels. With these goods, the buyer can view this information at the shopper.
4.3. The user can base his purchase decision on this information when the shopper offers the goods.
5. Payment terms:
5.1. Purchase price: The prices of the goods are set by Bring.de and are not tied to the price that the selected shop charges for the goods. The prices of the goods stated on the product range page include the statutory value added tax and the other price components. The currently valid minimum order value is displayed to the user when the shopping cart is put together. The totality of the costs is clearly displayed to the user on the product range page as well as at the end of the ordering process.
5.2. Delivery and presentation contract:
5.2.1. Bring.de charges a delivery fee for the presentation of the goods, which is calculated individually for each individual case and is displayed to the user in the context of his compiled shopping cart, but at least in the amount of 5 €. This fee becomes part of the total purchase price. It accrues once per shopping cart and is included in the calculation of the purchase price of the entire shopping cart.
5.2.2. This fee is charged by Bring.de because it incurs an expense for its services.
5.2.3. In the event that the user only buys individual goods and not the entire shopping cart or rejects them as a whole, the minimum flat rate is due.
5.3.1. When confirming the shopping cart, the user has to save one of the payment methods available on Bring.de. The following payment methods are available: Visa and Maestro cards
5.3.2. If possible and not otherwise agreed, Bring.de will authorize the total price determined when the shopping cart was put together plus a 20% security for potential substitute products.
5.3.3. After completing the purchase with Bring.de by handing over the goods to the user, Bring.de will initiate the debiting of the final price. Differences between the authorized amount and the final price will be released.
6. Delivery area and delivery times:
6.1. The delivery is made to the delivery address specified by the user when compiling the shopping cart. A delivery can only take place in the delivery area selected during the compilation. The selected postcode is decisive here. A delivery to a different delivery address is not possible.
6.2. The delivery time windows result from the compilation process. Delivery takes place within a one-hour time window.
6.3. Bring.de cannot guarantee that delivery will be possible at the desired time, as this regularly depends on the number of available shoppers. If a case of delay occurs, Bring. Will inform the user immediately. In such a case, the user is free to withdraw from his offer. There are no costs for the user.
7.1. Bring.de cannot ensure that the goods requested by the user for presentation are generally available in the corresponding shop, nor that the goods are available in the ordered quantity or packaging size / unit of measure or are of the desired quality.
7.2. If one of the in 7.1. mentioned cases, the shopper commissioned with the shopping cart will, on behalf of Bring.de, try to get in touch with the user and discuss the further procedure, in particular whether an alternative product is selected or the corresponding product is deleted from the shopping cart without replacement shall be.
7.3. The modified shopping cart agreed upon successfully establishing contact represents a new, non-binding offer by the user, which replaces the previous offer.
7.4. Alternatively, the user can completely refrain from his offer.
8. Retention of title:
The goods delivered to the user remain the property of Bring.de until all claims against the user have been settled in full
9. Note on deposit items:
9.1. The packaging ordinance obliges retailers to collect a deposit on certain drinks. At Bring.de you will find various one-way drinks packaging that are subject to a deposit.
9.2. The deposit is to be added to the awarded price. The respective amount of the deposit results from the range list in the Bring.de app.
9.3. Returning empties with a deposit (but not deposit receipts) is generally possible to the shopper. However, shoppers can only transport empties if the goods are sorted and clean and the deposit seal is recognizable. Please note that shoppers are only obliged to accept empties that, in terms of type and size / volume of packaging, correspond to the range of the stores participating in Bring.de. Another restriction is that empties can only be taken back in the amount that was ordered and delivered in the current delivery.
10. Rights of the user in the event of defects:
10.1. If the delivered goods do not have the properties agreed upon on the basis of the last composition of the shopping cart by the user or if they are not suitable for the use required by the contract or for the generally customary use, Bring.de will provide supplementary performance by removing the defect or delivery at the discretion of the user a defect-free product. Bring.de can refuse the supplementary performance if the supplementary performance could only be achieved with disproportionately high costs.
10.2. If the subsequent performance fails, the user can choose to reduce the purchase price appropriately, or withdraw from the contract, or, under the legal requirements, demand compensation for damages or reimbursement of wasted expenses.
10.3. If Bring.de delivers defect-free goods to the user for the purpose of supplementary performance, the user is obliged to return the defective goods to bring.de within 30 days at bring.de's expense. The return of the defective goods must take place in accordance with the statutory provisions of §§ 439 Paragraph 4, 346-348 BGB.
10.4. The user must notify Bring.de of the defect immediately via Customer Service by email to: firstname.lastname@example.org or by letter to Bring.de.
11. Right of withdrawal for consumers i.S.d. § 13 BGB:
11.1. You have the right to withdraw from this contract within 14 (fourteen) days without giving reasons.
11.2. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
11.3. In order to exercise your right of cancellation, you, Bring GmbH, must inform Bring GmbH of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample form for this, but this is not mandatory.
11.4. You can also download the model withdrawal form or another clear declaration on our website, fill it in and send it to us. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
11.5. In order to safeguard the right of withdrawal, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
11.6. Consequences of cancellation: If you cancel the purchase delivery contract, we have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer, cheap standard delivery), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of the purchase delivery contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
11.7. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
11.8. You have to send the goods back to us immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of the purchase delivery contract. The deadline is met if you send the goods before the deadline of 14 days.
11.9. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation.
12. Exclusion of the right of withdrawal:
12.1. The right of withdrawal does not apply to contracts for the delivery of goods that can spoil or whose expiration date has been exceeded.
12.2. A right of revocation is also excluded if the purchase delivery contracts are those according to § 312 II No. 8 BGB (contracts for the delivery of food, beverages or other household items for daily use that are made at home, at the place of residence or at work of a user as part of frequent and regular trips).
In the case of purchase delivery contracts that are assigned to the commercial or independent professional activity of the customer, the user has no right of withdrawal. Point 11 and 12 of the General Terms and Conditions do not apply.
14. Special features to protect minors:
14.1. The prerequisite for the conclusion of a purchase delivery contract is the age of majority of the user.
14.2. To order and buy alcohol online, the user must be at least 18 years old. By submitting an order, the user declares his agreement to the general terms and conditions of Bring.de and thereby confirms that he has already reached the age of 18.
14.3. Bring.de reserves the right to have the actual age checked by the shopper on behalf of Bring.de by showing an official identification document.
1. Vouchers can only be redeemed in the app.
2. Bring.de vouchers can only be redeemed once per user. Another limitation of the group of participants themselves, e.g. on new customers, results from the respective voucher itself.
3. Our vouchers are not applicable to products with fixed prices (e.g. cigarettes). A deposit against the voucher is excluded.
4. Our vouchers can be subject to a minimum order value. If there is one, the minimum order value results from the respective voucher itself.
5. Our vouchers can be limited in time. A time limit, if any, results from the respective voucher itself.
6. A cash payment of vouchers is not possible.
7. Our vouchers cannot be combined.
1. Responsibility for content; Liability of the user:
1.1. Bring.de assumes no responsibility for the availability of goods in the respective shops. In particular, Bring.de does not guarantee that the content is true, fulfills a specific purpose, or can serve such a purpose.
1.2. The user is liable to bring.de for all damage that Bring.de incurs through the use of www.bring.de, the Bring.de app and / or the initiation, execution, termination and / or processing of a purchase in violation of the contract. This also includes damage and costs that arise from claims by shoppers and other third parties if they are based on a use of www.bring.de and the app in breach of contract and / or the initiation, implementation, termination and / or processing of through Bring forwarded purchases based.
2. Bring.de's liability; Availability:
2.1. Bring.de is liable to the user in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions; The following paragraph regulates exceptions.
2.2. Bring.de is liable for damages, regardless of the legal reason, only in the case of intent and gross negligence on the part of Bring.de, its legal representatives or vicarious agents and in the event of culpable breach of essential contractual obligations. In the abstract, essential contractual obligations are understood to be those obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. In the event of a culpable, neither willful nor grossly negligent breach of essential contractual obligations, liability is limited to compensation for the foreseeable damage typical for the contract. In the abstract, essential contractual obligations are those obligations, the fulfillment of which makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties can regularly rely. Otherwise, Bring's liability is excluded.
2.3. The limitation of liability in section 2.2 does not apply to damage culpably caused by Bring, its legal representatives or vicarious agents from injury to life, limb or health, as well as for liability under the Product Liability Act or in the case of express guarantees by Bring.de and for Claims due to the lack of guaranteed properties.
2.4. The user acknowledges that Bring.de cannot guarantee that Bring.de is constantly available and functional. However, Bring.de endeavors to keep the services available as constantly as possible. Nevertheless, security issues or maintenance work as well as events that are beyond the control of Bring.de can lead to the temporary disruption or suspension of the service.
F. Final provisions
1. Should individual provisions of this agreement be or become ineffective, this shall not affect the validity of the remaining provisions.
2. The contract and negotiation language is German.
4. German law applies to the sales delivery contract, excluding the UN sales law. This choice of law includes that the user with habitual residence in one of the countries of the EU or Switzerland is not withdrawn from the protection granted, which results from mandatory provisions of the law of this country.