Terms and Conditions

TERMS AND CONDITIONS

Article 1 – GENERAL

1.1 The following General Terms and Conditions ("GTC") of BrandBrandNew GmbH, Bouchéstraße 12, House 1, 12435 Berlin, Germany, (AG Berlin Charlottenburg HRB 223923) ("BBN") apply to all contracts for the purchase and delivery of products (as defined below) concluded by a consumer residing in Germany, in another Member State of the European Union (EU), in the United Kingdom, Norway, Iceland, or Switzerland (individually "Customer") with BBN via the Website (“Website”).

Orders from other countries are possible in principle, but the delivery area is limited to Germany, another Member State of the EU, the United Kingdom, Norway, Iceland, and Switzerland, i.e., no deliveries can be made outside the mentioned area. However, the product can always be picked up at BBN's premises.

1.2 "Products" are the products developed by BBN including accessories that can be purchased through the online shop of the Website.

1.3 The inclusion of the customer's own general terms and conditions or other conditions is hereby objected to, i.e., such conditions do not apply, even if BBN was aware of them and a purchase is made. For such provisions to apply, BBN must expressly agree to them in writing.

1.4 BBN's offer is exclusively directed at adult individuals. BBN does not offer goods for purchase by minors. This also applies to any products for minors. By placing the order, the customer simultaneously confirms their adulthood.

Article 2 – PURPOSE AND SCOPE

2.1 The purpose of these GTC is to establish the conditions for purchase and sale at a distance between BBN on the one hand and the customer on the other hand. They apply to every order of products that a customer places on the Website ("Order") in the version valid at the time of the order.

2.2 The GTC are made available to customers on the Website, where they can be consulted directly and can also be provided by email or post upon request.

2.3 The GTC are enforceable against the customer, who by activating a designated checkbox during the ordering process on the Website confirms that they have read and accepted them before placing the order. The confirmation of the order by its confirmation constitutes acceptance of the General Terms and Conditions applicable on the day of the order by the customer.

2.4 The customer is advised to download the GTC from the Website when placing an order. The company reserves the right to change the GTC at any time.

Article 3 – PRODUCTS; SPECIAL PROVISIONS REGARDING "HEATLE"

3.1 Offers and descriptions, including product descriptions on the Website in brochures, advertisements, brochures, and other advertising materials, are – including price information – non-binding.

3.2 SPECIAL PROVISIONS REGARDING "HEATLE"

3.2.1 Development, pre-sale, and production of the product "Heatle":

The customer is aware that the product "Heatle" is still in the development phase, i.e., it is further developed by BBN and is only manufactured after an order is placed by the customer. Nevertheless, the products are described and presented by BBN with the greatest possible accuracy. Due to further development work, the individual and yet to be carried out manufacturing process but also, for example, changes in legal or regulatory requirements, there may be deviations in the product, e.g., in color or size or composition.

Therefore, a pre-sale of the product "Heatle" takes place through BBN. This means that BBN accepts orders from customers and accepts them within the provisions of these GTC; the customer buys and pays for the product "Heatle" in advance immediately after purchase.

Delivery by BBN will then take place within up to eight (8) weeks from the date of purchase (see also below Article 7 – Delivery).

3.2.2 Cancellation of the order by the customer and refund of the purchase price

BBN offers the customer a separate right of withdrawal with regard to the product "Heatle" as follows: The customer can withdraw at any time after ordering and until the start of production without giving reasons. BBN will inform the customer in good time before the start of production.

3.2.3 Cancellation of development or production; withdrawal by BBN

The customer is aware and accepts that the product "Heatle" is still in the development phase at the time of their order and must still be manufactured after the development is completed.

BBN can therefore withdraw from the contract with the customer and cancel it at any time, regardless of the reason, for example, if the scientific or economic circumstances of the development or production develop to the detriment of the product or BBN, if unexpectedly high or increasing production costs occur, or other circumstances arise that, from BBN's perspective, make it appear disproportionate to continue development, production, sale, or delivery or pursue the "Heatle" project as a