Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. (Discount) Promotions
10. Applicable Law
11. Place of Jurisdiction
12. Limitation of Liability
13. Alternative Dispute Resolution
14. Intermediary Business
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "T&Cs") of Brigatte Limited (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless agreed otherwise.
1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly are neither commercial nor self-employed. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days:
• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller.
2.5 Prior to bindingly submitting the order via the Seller's online order form, the Customer can identify potential entry errors by attentively reading the information displayed on the screen. An effective technical tool for better recognition of entry errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until clicking the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are fundamentally entitled to a right of withdrawal.
3.2 We reserve the right to claim compensation for loss of value pursuant to § 357 (7) BGB (German Civil Code) if the inspection of the article exceeds standard use (damage to packaging of any kind, removal of protective films/adhesive strips/labels *unless necessary, damage to the article).
3.3 Complaints directly related to a withdrawal attempt that give the appearance of the Customer trying to circumvent applicable withdrawal conditions will not be accepted. In such cases, explicit reference is made to legal regulations which grant the trader, under certain circumstances, the right to offer improvement, repair, or replacement in the event of a complaint.
3.4 Further information on the right of withdrawal can be found in the Seller's Cancellation Policy.
4) Prices and Payment Terms
4.1 All prices listed on the website electroni-x.de are final prices. Our products are always customs-cleared and taxed. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For all deliveries, additional costs may incur in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees).
The Buyer is the Importer of Record for the goods and must fully comply with all laws and legal requirements of the importing country.
The Buyer is obliged to fully verify compliance with all laws and legal provisions of the importing country upon receipt of the goods.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
5) Delivery and Shipping Conditions
5.1 Delivery of goods is made by shipment to the delivery address provided by the Customer, unless agreed otherwise. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible or the shipment was not collected by the Customer, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given reasonable advance notice of the performance. Furthermore, this does not apply to the costs of return shipping if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision in the Seller's Cancellation Policy applies to return costs.
5.3 Collection by the Customer is not possible for logistical reasons.
5.4 The standard delivery time is a maximum of 8–28 business days, and in extreme exceptional cases (e.g., pandemics) up to 6 weeks, unless stated otherwise in the item description. The supplier does not ship directly. The order is dispatched by the manufacturer as soon as the entire order is in stock there.
If the supplier is prevented from delivering permanently due to an impediment beyond its control—in particular force majeure or non-delivery by sub-suppliers despite timely conclusion of a corresponding cover transaction—the supplier is entitled to withdraw from the contract with the Customer. The Customer will be informed immediately and any consideration received, particularly payments, will be refunded.
5.5 The costs of returning the goods shall be borne by the Buyer.
5.6 If acceptance of the delivery is refused by the Customer, the package will not automatically be returned to the sender. As a result, we unfortunately cannot refund the purchase price in the event of refused acceptance.
6) Retention of Title
If the Seller makes advance performances, it retains ownership of the delivered goods until full payment of the purchase price owed has been made.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The Customer is requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller thereof. Should the Customer fail to do so, their statutory or contractual claims for defects shall not be affected.
7.3 Furthermore, the Customer is requested to check the delivered goods for defects on the day of delivery and to inform us immediately (with image documentation). Subsequent complaints regarding defects after delivery will not be accepted, and statutory or contractual defect claims shall expire.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Promotional Voucher.
8.3 Promotional Vouchers can only be redeemed prior to completing the order process. Subsequent offset is not possible.
8.4 Only one Promotional Voucher can be redeemed per order.
8.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
8.7 The credit of a Promotional Voucher is neither paid out in cash nor does it accrue interest.
8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
8.9 The Promotional Voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the Promotional Voucher in the online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representative authority of the respective holder.
9) (Discount) Promotions
9.1 Offers of any kind, such as discount codes, free gifts, goodwill offers, or free (return) shipping, are voluntary benefits and do not constitute a legally binding entitlement for every order.
9.2 The Seller reserves the right to determine offers at its own discretion, including decisions regarding how long, how often, and in what quantity they apply.
9.3 Goods subsequently discounted by refunding the (partial) purchase price are excluded from withdrawal and return.
10) Applicable Law
All legal relations between the parties shall be governed by the laws of Hong Kong, excluding the laws on the international sale of goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law based in the territory of the Federal Republic of Germany, Switzerland, or Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer is based outside the territory of the Federal Republic of Germany, Switzerland, or Austria, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is in any event entitled to appeal to the court at the Customer's place of business.
12) Limitation of Liability
Claims for damages by the Customer are excluded, unless provided otherwise below. This also applies to representatives and vicarious agents of the provider if the Customer asserts claims for damages against them. Excluded are claims for damages by the Customer due to injury to life, body, health, or essential contractual obligations, the fulfillment of which is necessary to achieve the objective of the contract. Likewise, this does not apply to claims for damages following a grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14) Intermediary Business
In most cases, we act merely as an intermediary. After the Customer completes their order on our website, the customer's ordered goods are purchased from the wholesaler using an automated system and shipped to the Customer.