Terms of service

Terms of Service

  1. scope

1.1 These general terms and conditions (hereinafter: GTC) apply to all contracts concluded between us via our online shop or in any other way via electronic means of communication,

"Braganza" Christian Zwiesler

Christian Zwiesler
Unterbiberger Str.15a
85579 Neubiberg

phone:               +49 (0)160 97 99 24 34
E-mail:                 info@braganza.de

and you as our customer. The terms and conditions apply regardless of whether you are a consumer, company or merchant.

1.2 All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.

1.3 The version of the GTC valid at the time the contract is concluded is decisive.

1.4 We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict the inclusion.

  1. Conclusion of contract

2.1 The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a sales contract.

2.2 By submitting an order via the online shop by clicking the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right to cancel your order, which may exist in accordance with Section 3, remains unaffected.

2.3 We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.

2.4 A contract is only concluded when we accept your order with a declaration of acceptance or with the delivery of the ordered items.

2.5 If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and reimburse you for any consideration already received.

2.6 The final contract is in German.

  1. Right of withdrawal

3.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

3.2 If you, as a consumer, make use of your right of withdrawal according to section 3.1, you have to bear the regular costs of the return.

3.3 A sample withdrawal form can be found in section 3.5.

3.4 In addition, the regulations that are detailed in the following apply to the right of withdrawal

 

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not a carrier has taken possession of the goods.

To exercise your right of withdrawal, you must contact us

"Braganza" Christian Zwiesler
Unterbiberger Str.15a
85579 Neubiberg,
Phone: +49 (0) 160 97 99 24 34
E-mail: info@braganza.de

by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

In order to meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For these repayments 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.

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.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

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 -

 

  • We will inform you about the model withdrawal form in accordance with the statutory provisions as follows:

 

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back)

- To "braganza" Christian Zwiesler, Unterbiberger Str. 15a, 85579 Neubiberg, email: info@braganza.de:

- I / we (*) hereby revoke the contract concluded by me / us (*)

about the purchase of the following goods (*) / the provision of the following

Service (*)

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only when notified on paper)

- date

(*) Delete where inapplicable

 

  1. Delivery terms and delivery restrictions

4.1 Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (unless the payment option selected provides for something else, e.g. purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is five (5) working days.

4.2 The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, all other countries of the European Union, Switzerland

4.3 We are entitled to make partial deliveries insofar as this is reasonable for you.

  1. Prices and shipping costs

5.1 All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.

5.2 The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs will also be displayed in the order form before you submit the order.

5.3 If we have your order according to Section 4.3 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

5.4 If you have validated your contractual declaration in accordance with Section 3 If you revoke your revocation, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see section 3.4 on other consequences of cancellation).

  1. Terms of payment, set-off and right of retention

6.1 You can send the purchase price and the shipping costs according to your choice

- Advance transfer
- PayPal
- Invoice
- as well as the following payment options via the provider "Shopify": credit card, accelerated checkouts (Shop Pay, Apple Pay and Google Pay)
- as well as the following country-specific payment options via the provider "Shopify": Sofortüberweisung (Klarna), Klarna invoice, eps transfer, Ideal, Bancontact

pay. There is no entitlement to the use of a specific means of payment.

6.2 The purchase price and shipping costs are due upon conclusion of the respective purchase contract. The time of debiting your account depends on the payment method you have chosen.

6.3 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest of 5 percentage points above the base rate for the year.

6.4 If you are obliged to pay default interest, this does not exclude the assertion of further damage caused by default by us.

6.5 You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same sales contract.

6.6 As a buyer, you may only exercise a right of retention if your counterclaim stems from the same sales contract.

  1. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

  1. Guarantee

8.1 We are liable for material or legal defects of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

8.2 Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Section 8.1. Details of the scope of such guarantees can be found in the guarantee conditions that may be enclosed with the articles.

  1. liability

9.1 We are liable to you in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

9.2 In other cases - unless otherwise regulated in Section 9.3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which you as a customer can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 9.3.

9.3 Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above liability limitations and exclusions.

  1. Copyrights

We have copyrights to all images, films and texts that are published in our online shop. Use of the images, films and texts is not permitted without our express consent.

  1. Applicable Law and Jurisdiction

11.1 The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and at the time of your order you have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

11.2 If you are a merchant and have your seat in Germany at the time of the order, the exclusive place of jurisdiction is the seat of the seller. In addition, the applicable statutory provisions apply to local and international jurisdiction.

11.3 Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations that arise from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

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