General terms and conditions
§ 1 General
Galli GmbH, Lilienthalallee 40 - MOC C229, 80939 Munich, Management: Andrea Galli and Stefanie Mäder, Phone +49 89 21896037, firstname.lastname@example.org (hereinafter referred to as “brunate.com” or “we”) operates an online store at the Internet address www.brunate.com (hereinafter referred to as “website”). For all orders you make via the website and for our deliveries and services, the following general terms and conditions (GTC) apply exclusively in the version valid at the time of the order. We do not recognize divergent provisions of the customer, unless we have agreed to their validity in writing.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution procedures before consumer arbitration boards.
§ 2 Conclusion of contract
1. The languages available for the contract are German, English and Italian.
2. The presentation of the goods on our website does not constitute an offer by brunate.com to conclude a purchase contract.
3. By submitting the order form provided on our website to us you make a binding offer to conclude a purchase contract with us. You submit the offer by entering all the necessary information during the ordering process and then sending the order form to us by pressing the button “Send order”. Before submitting the offer, you will receive an overview of the information you provided and the possibility of correcting any input errors.
4. After receipt of your order with us, we will send you an e-mail confirming the receipt of your order and listing the details of your order (order confirmation). Please note that this order confirmation does not constitute an acceptance of your contract offer, but merely serves the purpose of information. If the product ordered by you is permanently not available, we will refrain from accepting an order and inform you of this in the order confirmation.
5. The purchase contract between you and brunate.com is only concluded when we accept the offer with the delivery of the ordered goods.
6. brunate.com is entitled to refuse an offer on your part without stating any reasons, in particular if there is a reasonable suspicion that the goods purchased via the Internet are to be resold commercially.
§ 3 Withdrawal policy
The right of withdrawal applies exclusively to consumers in accordance with § 13 BGB.
RIGHT TO WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us, Galli GmbH – Brunate Store, Schrammerstrasse 3, 80333 Munich, Germany, email@example.com, telephone +49 89 39294285, by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form template for this purpose, but it is not mandatory.
In order to observe the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse you all payments, including delivery costs, promptly and at the latest within four weeks from the date on which we received the notification of your withdrawal from this contract. You will bear the costs of the return shipment.
For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you.
We may refuse repayment to you until we have received the unworn goods back or until you have provided proof that you have returned the unworn goods, whichever is the earlier.
You must return the unworn goods to us immediately by mail or by handing them over to us in any event not later than fourteen days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the unworn goods before the expiration of the period of fourteen days.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
REASONS FOR EXCLUSION OR EXEMPTION OF RIGHT OF WITHDRAWAL
The right of withdrawal exists only for items that have not been worn or altered. The right of withdrawal does not apply for worn products.
End of withdrawal policy
Withdrawal form template
A version of the withdrawal form template is available for download here.
§ 4 Prices; Product presentation; Availability; Gift card; Promotion code
1. The prices provided at the time of your order on our website apply: www.brunate.com.
2. The goods offered at brunate.com are displayed on the website in the form of digital photographs of the actual goods. Minor deviations between presentation and reality do not represent a defect of the ordered goods.
3. If you have ordered several products at the same time, the individual products can be delivered at different times. § 266 BGB remains unaffected. Shipping costs are only charged once.
§ 5 Storage of the contract text
We store your order data. If you wish a print-out of your order, you have the option of printing an “acknowledgment of receipt”. This will appear on your screen after you have sent us the order by clicking the “Complete order” button and your credit card details have been successfully verified.
In addition, you will receive the order confirmation with all the data by e-mail.
§ 6 Delivery & Shipping
1. Wide dispatch takes place with DHL.
2. The goods are ready for dispatch no later than the following working day after your order. Unless otherwise agreed, the delivery takes place within 1 to 6 working days to the delivery address specified by the customer, depending on the choice of the place of delivery.
3. Shipping costs
|Great Britain||14,90 €|
|Switzerland / Liechtenstein||23,90 €|
|Czech Republic||14,90 €|
For partial shipments, the shipping costs are only charged once.
In case of returns, the customer bears the shipping costs.
Customs fees and customs clearance are paid by the buyer. This applies to the purchase of the goods and to any return. The seller does not assume any cost, burden or responsability.
§ 7 Payment; Late payments; Offsetting; Right of retention
1. Accepted payment methods
You can pay for your order at brunate.com by:
- Visa Debit
- Master Card
- Master Card Debit
- INSTANT Transfer
Offsetting on the part of the customer is excluded, as far as the counterclaim is not legally established, is not ready for decision or undisputed or does not include a claim for compensation for defect elimination costs arising from the same contractual relationship.
3. Right of retention in commercial transactions
In commercial transactions, a right of retention and a right to refuse performance on the part of the customer are excluded, with the exception of undisputed, legally established counterclaims or claims for elimination of defects under the same contract.
§ 8 Retention of title
The delivered goods remain the property of Galli GmbH until full payment.
§ 9 Questions about ordering or complaints
If you have questions about your order or if you have any complaints, please contact our customer service:
Phone: +49 89 39294285
Monday-Saturday 10 am to 6 pm
§ 10 Warranty
We are liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff BGB.
§ 11 Liability
1. We are fully liable for intent and gross negligence. In the event of a slightly negligent breach of a principal obligation or a secondary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfilment of which enables the proper execution of the contract and on whose observance the customer was entitled to rely (“essential obligation”), our liability is limited to the foreseeable, contract-typical damages. We are not liable for the slightly negligent breach of contractual obligations that are not part of the essential obligations.
2. Liability for fraudulent concealment of defects or assumption of a quality guarantee as well as liability for claims based on the Product Liability Act and for damages resulting from injury to life, limb or health remain unaffected. A change in the burden of proof to the detriment of the customer is not associated with this.
3. Insofar as the liability of brunate.com is excluded or limited, this also applies to the personal liability of employees, workers, representatives and vicarious agents.
§ 12 Choice of law, effectiveness
1. For all disputes arising out of or in connection with the purchase contract, German law applies exclusively, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.
2. Should one or more provisions be ineffective, this shall not affect the validity of the remaining provisions.
3. In case of disputes the German language version is applied.
As of 01/01/2019