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About Brilliant
As one of the leading market suppliers in Europe, we offer you a complete and unique range of indoor and outdoor luminaires for living areas and gardens.
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Living room lights from Brilliant
Interior lights for your home. Every room deserves the perfect lighting - and it can be very different. From the rather functional light in the kitchen or the office, to the decorative lighting fixture with atmospheric light in the...
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Outdoor lighting from Brilliant
Outdoor lighting for home and garden. The reliable companion when coming home, a cozy light for a summer evening in the garden - outdoor lighting can be so many things. Our range for outdoor lighting offers you a...
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Inspiring trend themes
Browse through the different concepts and find the perfect lighting for your home. From modern and technical lights to simple products to special materials or fancy vintage lights, you will find simply everything in our assortment.
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Common spare parts for your Brilliant lights
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Information

General Sales and Delivery Terms BRE-Light GmbH (B2B)

I. General / Scope / Offer

  1. Our terms and conditions of sale and delivery apply exclusively; we do not recognise any terms and conditions of the buyer that conflict with or deviate from our terms and conditions of sale and delivery.
  2. All agreements made between us and the buyer for the purpose of executing the contract must be recorded at least in text form.
  3. Our terms and conditions of sale and delivery shall also apply to all future transactions with the purchaser.
  4. Our offers are subject to change and non-binding. All contracts are only concluded upon receipt of our order confirmation, at least in text form, at the latest upon delivery of the goods. We can accept orders within four weeks.

II Prices / Freight / Terms of payment

  1. Prices are quoted net plus VAT and freight ex works or warehouse, unless expressly agreed otherwise, at least in text form. For orders with a net value of goods of more than Euro 750,- BRE-Light GmbH waives the assertion of freight charges. For a net value of goods of Euro 750.00 or less, BRE-Light GmbH charges a flat rate of 7% of the net value of the goods, but at least Euro 12.50.
  2. Payment of the purchase price must be made within the agreed period or, in the absence of other agreements, within 10 days net from the invoice date.
  3. We shall only accept bills of exchange and cheques by prior agreement and subject to their discountability. All discount charges shall be borne by the customer and shall be reimbursed to us immediately. Bills of exchange and cheques shall only be credited when the countervalue is finally available to us.
  4. If the term of payment is exceeded, we shall be entitled to demand default interest in the amount of 9% above the respective base interest rate in accordance with § 247 BGB. If we are able to prove higher damages caused by default, we shall be entitled to claim these. For his part, the buyer is entitled to prove to us that we have suffered no or significantly less damage as a result of the default in payment.
  5. If the buyer is in arrears with more than one liability by the due date or if there is a significant deterioration in his assets, we shall be entitled to declare the entire remaining debt due and payable, even if we have already accepted bills of exchange or cheques. In this case, we shall also be entitled to demand advance payments or the provision of security and to refuse to fulfil our obligation until advance payment or the provision of security has been made. If our request is not fulfilled within a reasonable period of time set by us, we shall be entitled to withdraw from the contract and/or to claim damages for non-performance. In the event of cessation of payment or over-indebtedness of the buyer, the setting of a grace period shall not apply.
  6. The purchaser shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. The buyer shall also have no right of retention due to disputed counterclaims.
  7. In the event of default with more than one liability, all claims against the buyer shall be due for payment immediately.
  8. Our claims against certain customers are assigned to BFS finance GmbH, Verl. In this case, payments can only be made to BFS finance GmbH with debt-discharging effect. The bank details can be found on the invoice

III Retention of title

  1. All delivered goods shall remain our sole property until all claims to which we are entitled against the buyer on any legal grounds have been fulfilled. If, in exceptional cases, we provide the buyer with a "reverse bill of exchange" (acceptor's bill of exchange) upon payment, the retention of title shall also secure our rights of recourse against the buyer in the event of any claims arising from the bill of exchange.
  2. Processing, transformation and mixing shall always be carried out for us as the manufacturer, but without any obligation on our part. If our (co-)ownership expires as a result of combining or mixing, it is hereby agreed that the (co-)ownership of the new item shall be transferred to us in the ratio of the invoice value of our item to that of other processed goods at the time of processing. The buyer shall keep our (co-)ownership free of charge. Items to which we are entitled to (co-)ownership are hereinafter referred to as "reserved goods". If the Buyer's item is to be regarded as the main item, the Buyer shall transfer co-ownership to us on a pro rata basis.
  3. The purchaser is revocably authorised to process and sell the reserved goods in the ordinary course of business as long as he is not in arrears with his payment obligations to us. The authorisation for further sale is excluded in the event that a prohibition of assignment exists in the relationship between the purchaser and his customer. Pledges or transfers by way of security are not permitted. The Buyer hereby assigns to us by way of security any claims arising from the resale or any other legal grounds (e.g. insurance, unauthorised action with regard to the reserved goods). If we are only entitled to co-ownership of goods subject to retention of title, the advance assignment shall be limited to that part of the claim which corresponds to our share of co-ownership (based on the invoice value).
  4. We revocably authorise the buyer to collect the claims assigned to us for his own invoices in his own name. This authorisation to collect can be revoked if the buyer does not properly meet his payment obligations. In the event of a justified revocation, the buyer must inform us of the debtor(s) of the assigned claim and notify the debtor(s) of the assignment without delay. The part of the claim assigned to us shall have priority. This applies in particular in the event that the third party asserts warranty claims against the claim accruing to the buyer. Reductions and offsetting against claims for damages shall first be offset against the portion of the claim not assigned to us. Insofar as the buyer has agreed a preferential partial assignment also in favour of other trade creditors, this clause shall apply with the proviso that the buyer may collect the partial claim assigned to us at the same time as those preferential partial claims.
  5. In the event of access by third parties to goods subject to retention of title, the purchaser shall draw attention to our ownership and inform us immediately. In the event of breach of contract by the Buyer - in particular default of payment - we shall be entitled to demand the temporary return of the reserved goods at the Buyer's expense - by surrender or return to us - or, if necessary, to demand assignment of the Buyer's claims for return against third parties, even without setting a grace period. If we take back or seize the reserved goods, this shall not constitute a cancellation of the contract, unless the Consumer Credit Act applies. The above provision shall also apply in the event of a significant deterioration in the Buyer's assets.
  6. We shall release the aforementioned securities at our discretion at the buyer's request if their value exceeds our claim by more than 10%.
  7. The purchaser also assigns to us the claims to secure our claims against him which arise against a third party through the connection of the purchased item with a property.
  8. We are entitled to insure the goods subject to retention of title against risks of all kinds at the buyer's expense, unless the buyer provides evidence of having taken out such insurance following a corresponding request by us. Claims arising from this insurance shall be assigned to us in advance in the amount of the claims to which we are entitled upon conclusion of the respective contract. We are authorised to notify the insurer of the assignment.
  9. It is not necessary to withdraw from the contract in order to assert the retention of title, unless the customer is a consumer.
  10. We are authorised to assign the claims arising from our business relationship.
  11. If a current account relationship exists between the COMPANY and the customer in accordance with § 355 HGB, the advance assignment shall also relate to the recognised balance.

IV. Delivery and delivery time

  1. Unless otherwise stated in the order confirmation, delivery "ex works" or "ex warehouse" is agreed. The risk of loss of or damage to the goods shall pass to the buyer at the time at which we hand over the goods to a forwarding agent or carrier, but at the latest when the goods leave our warehouse. This shall also apply if "carriage paid" has been agreed as well as in the case of partial delivery or if we have also accepted services of another kind.
  2. The goods will only be insured against transport damage at the express request and expense of the buyer.
  3. The start of the delivery period stated by us is subject to the clarification of all technical questions and is non-binding, unless a commercial transaction for delivery by a fixed date has been expressly agreed. Delivery periods shall commence upon receipt of our order confirmation. The delivery date refers to the date of receipt by the customer in Germany.
  4. The start of the delivery period stated by us is subject to the clarification of all technical questions and is non-binding, unless a commercial transaction for delivery by a fixed date has been expressly agreed. Delivery periods shall commence upon receipt of our order confirmation. The delivery date refers to the date of receipt by the customer in Germany.
  5. We are authorised to provide partial services to an extent that is reasonable for the buyer.
  6. If the delivery owed by us is delayed due to unforeseeable circumstances for which we are not responsible (e.g. labour disputes, operational disruptions, transport obstacles, raw material shortages, official measures - in each case also at our suppliers - as well as untimely self-supply), we shall be entitled to withdraw from the contract in whole or in part or, at our discretion, to postpone the delivery for the duration of the hindrance. Claims for damages are - as far as legally permissible - excluded.
  7. Should the buyer incur damages due to a delay caused by us, he shall be entitled to claim compensation for the delay. The right to assert a claim presupposes that we have not complied with a reasonable grace period set by the buyer in writing. The amount of compensation for delay shall be a maximum of 1% for each full week of delay, but no more than a total of 5% of the value of that part of the total delivery which is not available on time as a result of the delay. Any further claims are excluded unless the delay is due to at least gross negligence. If the buyer is in default of acceptance or culpably fails to fulfil his obligations to cooperate, we shall be entitled to demand compensation from him for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item shall also be transferred to the buyer at the point in time at which the buyer is in default of acceptance.
  8. If the buyer requests proof of delivery for ordered goods, he shall bear the enquiry fees, provided that the goods were properly delivered to the recipient. The buyer can only request this proof from the forwarding agent or carrier within the usual retention period of the corresponding documents. After expiry of this period, the delivery service shall be deemed to have been rendered.

V. Warranties and limitations of liability

  1. Warranty claims presuppose that the inspection and complaint obligations of § 377 HGB have been observed.
  2. If there is a defect in the purchased item for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or make a replacement delivery.
  3. If we are not willing or able to remedy the defect/replacement delivery, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the remedy of the defect/replacement delivery fails in any other way, the buyer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price. Reimbursement of costs is excluded if the expenses increase because the goods have been moved to another location after our delivery, unless this corresponds to the intended use of the goods.
  4. Unless otherwise agreed, the limitation period for claims for defects shall be governed by law.
  5. Unless otherwise agreed, the limitation period for claims for material defects shall be governed by the law.
  6. The Buyer's statutory rights of recourse against us shall only exist to the extent that the Buyer has not made any agreements with its customer that go beyond the statutory claims for defects. The last sentence of Section 3 shall apply accordingly to the scope of the rights of recourse.
  7. For our deliveries, we comply with the legal regulations of the European Union and the Federal Republic of Germany applicable at the time of conclusion of the contract and subsequently, e.g. the REACH Regulation (Regulation EC No. 1907/2006) and the Act on the Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (ElektroG) as national implementation of Directive 2002/95/EC (RoHS) and Directive 2002/96/EC (WEEE).


VI Liability

  1. Unless otherwise stated in these Terms and Conditions of Sale and Delivery, including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
  2. We shall be liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in the event of wilful intent and gross negligence. In the event of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. care in our own affairs; insignificant breach of duty), a) for damages resulting from injury to life, body or health, b) for damages resulting from the breach of a material contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for foreseeable, typically occurring damage.
  3. The limitations of liability resulting from paragraph 2 shall also apply to third parties and in the event of breaches of duty by persons (including in their favour) whose fault we are responsible for in accordance with statutory provisions. They shall not apply if a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed and for claims of the buyer under the Product Liability Act.
  4. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
  5. We reserve the right to make technical and design deviations from descriptions and information in brochures, catalogues and written documents as well as changes to models, designs and materials in the course of technical progress, without this giving rise to any rights against us, insofar as this is still reasonable for the purchaser.

VII Image utilisation rights

  1. Any kind of utilisation or other use of photographs or other copyright-protected content that BRE-Light GmbH uses on a website it maintains or reproduces or makes available to the public in any other way is prohibited. However, such use may be authorised by BRE-Light GmbH in a separate agreement.

VIII. Data protection

  1. The buyer's data will be stored and processed by us in compliance with the statutory provisions.

IX. Return of goods

  1. The return of faultless goods requires our prior written consent. Otherwise we shall be entitled to refuse acceptance of the goods.
  2. If we have agreed to the return of the goods in accordance with clause 1 above or if we accept returned goods free of defects, we shall be entitled to charge the Buyer processing costs amounting to 30% of the net sales price. Furthermore, the Buyer shall bear all transport costs as well as the costs of packaging, repackaging and any repairs.

X. Place of fulfilment, place of jurisdiction and applicable law

  1. The place of fulfilment for our delivery is the supplying plant in the case of delivery ex works, and the warehouse in the case of delivery ex warehouse. The place of fulfilment for payments is Gnarrenburg.
  2. The place of jurisdiction for payment matters and all other disputes arising directly or indirectly from this contractual relationship shall be Hamburg. However, we have the right to sue the buyer at his general place of jurisdiction. Even in the case of cross-border deliveries, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Hamburg (Art. 17 EU-GVÜ).
  3. We reserve the right to sue in any other court that has jurisdiction under the EU-GVÜ. The law of the Federal Republic of Germany shall apply exclusively to all business relationships and all legal relationships between the customer and us. The application of the Uniform Law on the International Sale of Goods (EKG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
BRE-Light GmbH (August 2024)