Terms & Conditions Onlineshop
§ 1 Coverage
By using the BRISA website, you accept the conditions of BRISA Entertainment GmbH (hereinafter called BRISA) which are valid at the time of the order. Affirmation to the contrary by the Purchaser on the basis of its terms of business or purchase are hereby contradicted.
§ 2 Our contract
Your order submits a legally binding offer to conclude a purchasing contract.
When you place an order at the BRISA Webshop, we will send you an e-mail confirming receipt of your order and containing the details of your order (order confirmation). The order confirmation shall inform you that your order has been received, it does not represent the acceptance of your offer. Your offer has been accepted by us when we ship the ordered product to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation to have been dispatched do not form part of that contract. BRISA does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian. Please note that we only sell our products in quantities intended for private consumption.
§ 3 Revocation
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession have the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (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 to cancel, you must inform us
BRISA Entertainment GmbH
of your decision to cancel this contract by a clear statement (e.g. by mail, fax or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
All made-to-measure, finishing orders and custom-made articles and custom-made items, such as individually printed CDs, clocks, printed matter, advertising material, etc. are excluded from the right of withdrawal in accordance to § 312 d IV No. 1 BGB.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen (14) days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You will be responsible for the cost of return.
You shall be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The protective foil of CDs may not be removed.
§ 4 Delivery
In case not otherwise agreed, the delivery will be ex works to the buyers address. Dispatch times are not guaranteed and should not be relied upon as such. BRISA reserves the right to cancel any confirmed customer orders in the event of the non-supply of goods from its suppliers. In that case we will inform the buyer that the ordered product turns out to be unavailable. The already paid amount will immediately be refunded.
§ 5 Customs
When ordering goods from BRISA for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from BRISA, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
§ 6 Payment
If you order from the outside of Germany you can pay by Paypal, Amazon Pay or prepament. Not all payment forms are available in all countries. If the buyer is in default, BRISA is authorized to claim default interest of 5 % above the base rate of the European Central Bank. In case BRISA can prove a higher damage caused by delay, BRISA can claim this.
§ 7 Set-off, retention
In the event of complaints or cross-claims, the Purchaser shall be entitled to set-offs or retention only if final judgement has been given in respect of the cross-claims or if they are non-controversial.
§ 8 Reservation of title
We reserve all rights to the title of the goods until full payment has been made.
§ 9 Warranty
Should the goods be damaged due to our fault, we are entitled either to repair or to replace the goods. If no other stipulations are made in the following, further claims by the Purchaser are excluded without exception. Therefore we cannot be hold liable for damages of the goods. Claims for damages against us or against persons employed in performing an obligation and/or vicarious agents, as a result of the impossibility of performance, breach of contract, culpa in contrahendo, or tortious acts, shall be excluded in cases of intentional misconduct or gross negligence. This shall also apply to claims for damages as a result of undue delay. We cannot be hold liable for any loss of profit or other financial damage of the Purchaser. Should we, by negligence, not keep to an important obligation stipulated in the contract, our liability for damages will only be the cover of our insurance. In the case of a replacement delivery, the Purchaser is obligated to return the goods contained in original delivery within 30 days of receipt of the original goods to BRISA. In case the goods are not received by BRISA within this 30-day period, BRISA is entitled to charge the Purchaser for these goods and to claim payment through the means originally named by the Purchaser. The statute of limitation for any claims made against this transaction is 24 (twenty-four) months from the date of the original delivery.
§ 10 Losses
All items purchased from BRISA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
§ 11 Disclaimer of warranties and limitation of liability
This site is provided by BRISA on an "as is" and "as available" basis. BRISA makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, BRISA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BRISA does not warrant that this site, its servers, or e-mail sent from BRISA are free of viruses or other harmful components. BRISA will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
§ 12 Product Descriptions
BRISA attempts to be as accurate as possible. However, BRISA does not warrant that product descriptions or other content of the VW Collection by BRISA Website is accurate, complete, reliable, current, or error-free. If a product offered by BRISA is not as described, your sole remedy is to return it in unused condition.
§ 13 Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
§ 14 Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
§ 15 Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
§ 16 Electronic Communications
When you visit the VW Collection by BRISA website or send e-mails to BRISA, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
§ 17 Licence for website access
BRISA grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BRISA. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BRISA without express written consent. You may not use any meta tags or any other "hidden text" utilizing BRISA names or trademarks without the express written consent of BRISA. Any unauthorized use terminates the permission or license granted by BRISA. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page as long as the link does not portray BRISA, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BRISA logo or other proprietary graphic or trademark as part of the link without our express written consent.
§ 18 Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not BRISA, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
§ 19 Utilization of personal information of buyers
You provide most such information when you search, buy, post, or communicate with customer service. For example, you provide information when you search for a product; place an order through; communicate with us by phone, e-mail, or otherwise. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; e-mail addresses; content of e-mails to us. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, communicating with you, processing your orders, delivering goods and services and processing of payments. We also use your information for such purposes as actualizing our database, offering products which might be interesting for you and giving third parties the possibility to perform functions on our behalf including but not limited to delivering packages, sending postal mail and e-mail, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
§ 20 Online dispute resolution
The European Commission offers a website for online dispute resolution (ODR) which is available here: https://webgate.ec.europa.eu/odr
In case you have any questions, please do not hesitate to contact us at: firstname.lastname@example.org
§ 21 Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Germany. You agree, as we do, to submit to the non-exclusive jurisdiction of the German courts with acknowledgement of the exclusion of the "United Nations Convention on Contracts for the international sale of goods''.
Status: September 13th 2017