Terms & Conditions

General Terms and Conditions of Business (with statutory information)

Date: 10.06.2020

  1. Scope of application

These General Terms and Conditions of Business in the version valid at the time of the order shall apply exclusively to all business relations between Brunati Como and the customer.

  1. Contracting partner

The purchase contract is concluded with

Brunati Como

Thomas Ziegler GbR
Columbusstrasse 76
40549 Duesseldorf

Germany

Telephone: +49 (0) 211 13 06 86 82
Email: contact@brunaticomo.com
Internet: www.brunaticomo.com

Value added tax identification number: DE 33 55060 56

You can reach our customer service for questions, complaints and objections on Monday to Friday from 9:00 a.m. until 5.00 p.m. (CET) under the telephone number +49 (0) 211 13 06 86 82 and via e-mail under contact@brunaticomo.com.

  1. Quotation and conclusion of contract

3.1 The portrayal of the products in the Brunati Como online shop does not portray a legally binding quotation, but a request to order. Errors and omissions reserved. The order confirmation then transmitted by e-mail does not yet lead to a purchase contract. The English language is available for the conclusion of the contract.

3.2 By clicking the [order with liability to payment] button, you make a binding order for the goods listed on the order page. To start with, you receive a confirmation of receipt. The purchase contract comes about when we accept your order by an order confirmation by e-mail within about 5 days after receipt of your order. This order confirmation also contains the link to the shipment tracking.

3.3 The order process via our online shop contains several steps. In the first step, you select the required goods and place them in your shopping basket. You now have the possibility of selecting further goods and, by clicking the “Checkout” button, of receiving an overview of the articles in your shopping basket. From this overview, you go to the next ordering step via the button “Go on to checkout”. Here, you either log in with the customer number which you already have or you open a personal customer account. But you can also shop without a registration. In the next step, you then enter your complete invoice address and, if applicable, a delivery address deviating from it. Then, in the next step, you choose the mode of payment which you would like. In the penultimate step, you finally have the opportunity of checking all the information (e.g. name, address, mode of payment, ordered articles) once again and correcting them if necessary before you send your order to us by clicking on “order with liability for payment”. After this, you receive a confirmation of receipt to start with. Only after receipt of the order confirmation, which contains a link to shipment tracking, does the purchase contract come about.

3.4 Goods are only sold in quantities customary for households. We do not accept any orders from customers who have not yet turned 18.

3.5 The contract is exclusively concluded in the English language.

3.6 Your orders are stored by us after conclusion of the contract. If you lose your documents on your orders, please get in touch with us by e-mail/telephone. We will be pleased to send you a copy of the data for your order.

  1. Right of revocation for consumers

4.1 Consumers have a statutory right of withdrawal.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

Detailed information regarding the statutory right of withdrawal, including the conditions, time limits, consequences of withdrawal, and the model withdrawal form, can be found on our separate "Right of Withdrawal" page, which forms an integral part of these Terms and Conditions.

4.2 The right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer's specifications or are clearly personalised.

This includes, without limitation, bespoke products and other custom-made items manufactured according to individual customer requirements.

  1. Prices and costs of dispatch

5.1 Prices and costs of dispatch are based on the delivery address or country of delivery stated by you in the ordering process, After input of the delivery address, the prices and costs of dispatch which apply are dispatched in the shopping trolley and in the order overview. More information can be found under our Terms of Delivery section.

  1. Redeeming promotional vouchers 

6.1 Vouchers which are given out by us free of charge as part of promotional campaigns that run for a specific period and which cannot be purchased by customers (hereinafter referred to as “promotional vouchers”) can only be redeemed in the Brunati Como Online Shop and only within the specified period.

6.2 We do not accept any liability in the event that a voucher is lost, stolen or damaged (e.g. illegible voucher number) or if it is misused or redeemed by an unauthorised third party and we will not provide any replacements. 

6.3 Promotional vouchers can only be redeemed by consumers. Individual products may be excluded from the voucher campaign if a corresponding restriction is indicated in the information shown on the promotional voucher.

6.4 Promotional vouchers can only be redeemed before the order process is completed. It is not possible to use vouchers for payment for orders that have already been placed.

6.5 Only one promotional voucher may be redeemed for any given order.

6.6 The value of the goods may not be lower than the amount available on the promotional voucher. No compensation will be provided for any remaining credit.

6.7 If the value of the promotional voucher is not sufficient to cover the cost of the order, the difference may be made up using the payment methods available.

6.8 The credit balance on a promotional voucher cannot be paid out in cash and does not bear interest. 

6.9 Promotional vouchers will not be replaced if the customer returns any goods paid for in full or in part with the promotional voucher under their statutory right of withdrawal.

6.10 Promotional vouchers are transferable. The seller can provide its services with discharging effect to the voucher holder who redeems the promotional voucher in the seller’s online shop. This shall not apply if the seller is aware, or unaware due to gross negligence, that the respective voucher holder is ineligible, legally incompetent or does not have the necessary right of representation.

  1. Warranty

The customer has a claim to warranty for defects in the purchased commodities according to the statutory directives of §§ 437 et seqq., German Civil Code. In particular, the customer can demand subsequent performance or new delivery or remedying of the defects. We shall however be entitled to refer the customer to new delivery if remedying of the defects would be connected with disproportionate efforts. The warranty period for the consumer amounts to two years after supply of the goods. The customer should make claims to warranty with a statement of the order number, of his name and his address and with a brief description of the defect. If requested, the customer sends us the defective goods for examination at our expense and our risk to the following address:

Brunati Como

Columbusstrasse 76
40549 Duesseldorf

Germany

  1. Payment

8.1

Payment can be made using the payment methods displayed during checkout.

Available payment methods may include:

  • PayPal
  • Shop Pay
  • Visa
  • Mastercard
  • American Express
  • Maestro
  • UnionPay
  • Apple Pay
  • Google Pay
  • TWINT
  • Bancontact
  • EPS
  • iDEAL / Wero
  • USDC (where available)
  • other locally available payment methods

Payment is processed securely through our authorised payment service providers, including Shopify Payments, Stripe and PayPal, where applicable.

We reserve the right to offer, restrict, or discontinue certain payment methods for individual orders depending on technical availability, internal risk assessments, fraud prevention measures, or the customer's location.

If payment is not successfully completed, we reserve the right to cancel the order.

A right of set-off shall only exist where the customer's counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by us in writing.

The customer may only exercise a right of retention insofar as the claim is based on the same contractual relationship.

8.2 A right to offset only accrues to you if your counterclaims are judicially legally effective or undisputed or have been acknowledged by us in writing.

  1. Retention of title

The goods remain property of Brunati Como until complete payment.

  1. Data protection

We take the protection of your personal data seriously.

Personal data collected in connection with your use of our website, the placement of orders, customer service enquiries, or other interactions with us will be processed in accordance with applicable data protection laws.

For the purpose of operating, improving, and securing our website and services, we may use analytics, tracking, and marketing technologies. Where required by law, such technologies are used only on the basis of your consent.

Personal data may be shared with affiliated companies and carefully selected service providers where necessary for order fulfilment, payment processing, shipping, customer support, fraud prevention, or the operation of our website.

All personal data is treated confidentially.

Further information regarding the collection, processing, storage, and use of personal data can be found in our Privacy Policy.

  1. Liability

11.1 We shall be liable without limitation for malice aforethought, For gross and simple negligence, we shall only be liable for injury to life, limb and health or a breach of an essential contractual duty. Essential contractual duties are those, fulfilment of which is necessary for achievement of the purpose of the contract and in fulfilment of which you have trusted and have also been able to trust.

11.2 In the event of slightly negligent breaches of essential contractual duties, our liability shall be limited to the foreseeable damage typically occurring with a view to the amount.

11.3 The above limitations of liability also apply in favour of our statutory representatives and vicarious agents.

11.4 Liability according to the German Product Liability Act shall remain unaffected.

  1. Dispute resolution platform

According to valid law, we are obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used for resolution of disputes without a court having to be involved. The European Commission is responsible for setting up the platform. You can find the European online dispute resolution platform here: http://ec.europa.eu/odr. We are not obliged to participate in dispute settlement resolution before a consumer resolution agency and unfortunately also cannot offer participation to you. 

  1. Final directives

All contracts between us and our customers shall be governed by the law of the Federal Republic of Germany, ruling out UN purchase law. This choice of law shall only apply to the extent that cogent applicable consumer protection directives of the state in which the consumer has his customary abode at the time of his order are not withheld.

  1. Provider of the website

The website offered under the domain www.brunaticomo.com is operated by

Brunati Como

Thomas Ziegler GbR
Columbusstrasse 76
40549 Duesseldorf

Germany

Telephone: +49 (0) 211 13 06 86 82
Email: contact@brunaticomo.com
Internet: www.brunaticomo.com

Value added tax identification number: DE 33 55060 56