Terms and Conditions

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as the “T&Cs”) of Brigatte Limited, Registration No. 81313573, with its registered address at UNIT 903A, 9/F., CAMERON COMM CENTRE, 458-468 HENNESSY ROAD, CAUSEWAY BAY, HONG KONG, and email address brigatte.limited@gmail.com (hereinafter referred to as the “Seller”), apply to all contracts for the sale and delivery of goods concluded between the Seller and a consumer or entrepreneur (hereinafter referred to as the “Customer”) regarding the goods offered by the Seller in its online shop.

The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise expressly agreed between the parties.

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 outside their trade, business, or profession.

An entrepreneur within the meaning of these T&Cs is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent commercial or professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute legally binding offers by the Seller but constitute an invitation to the Customer to submit a binding offer to purchase the respective goods.

2.2 The Customer may submit a binding offer via the online order form provided in the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart by clicking the button that completes the order.

2.3 The Seller may accept the Customer’s offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form, including by email;

  • delivering the ordered goods to the Customer; or

  • requesting payment from the Customer after submission of the order.

If several of the above alternatives apply, the contract shall be concluded at the time when one of these alternatives occurs first.

If the Seller does not accept the Customer’s offer within the above period, the offer shall be deemed rejected and the Customer shall no longer be bound by it.

2.4 When an order is submitted through the Seller’s online order form, the Seller stores the contract text in accordance with applicable legal requirements.

2.5 Before submitting the order, the Customer may identify and correct possible input errors by carefully reviewing the information displayed during the ordering process. The Customer may correct entered information using the standard keyboard and mouse functions before submitting the order.

2.6 The language available for the conclusion of the contract is English.

2.7 Order processing and communication with the Customer generally take place by email and through automated order-processing systems. The Customer must ensure that the email address provided during the ordering process is correct and that emails sent by the Seller can be received.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal in accordance with the applicable consumer protection laws.

3.2 If the Customer exercises the statutory right of withdrawal, the Customer may be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods, to the extent permitted by applicable law.

3.3 The statutory rights of the Customer in relation to withdrawal, returns, defects, refunds, repairs, replacements, or other consumer rights remain unaffected by these T&Cs.

3.4 Further information regarding the Customer’s statutory right of withdrawal is provided in the Seller’s separate Cancellation and Withdrawal Policy.

4) Prices and Payment Terms

4.1 The prices displayed in the Seller’s online shop are the prices applicable at the time of the order. Any applicable taxes, delivery charges, customs duties, import charges, or other additional costs will be indicated to the Customer during the ordering process or in the respective product description, where applicable.

4.2 In individual cases, additional costs may arise in connection with payment transactions, currency conversion, international transfers, customs clearance, or other services provided by third parties. Such costs shall be borne by the party legally responsible for them under applicable law.

4.3 The payment methods available to the Customer will be displayed in the Seller’s online shop during the ordering process.

4.4 The Customer agrees to provide accurate and complete payment information and to ensure that sufficient funds are available for the selected payment method.

5) Delivery and Shipping Conditions

5.1 Unless otherwise agreed, goods shall be delivered to the delivery address provided by the Customer during the ordering process.

5.2 The delivery address entered by the Customer during the ordering process is decisive for the delivery of the goods.

5.3 If delivery cannot be completed because the Customer provided an incorrect or incomplete delivery address, failed to collect the shipment, or otherwise caused the unsuccessful delivery, the Customer may be responsible for reasonable additional delivery or return costs to the extent permitted by applicable law.

5.4 The standard delivery time is generally 8–28 business days, unless otherwise stated in the respective product description or during checkout. In exceptional circumstances, including circumstances beyond the Seller’s reasonable control, delivery may take longer.

The Seller shall inform the Customer of significant delivery delays where required by applicable law.

5.5 If the Seller is permanently unable to deliver the goods due to circumstances beyond its reasonable control, including force majeure or the permanent failure of a supplier to deliver despite the Seller having taken reasonable steps to obtain the goods, the Seller may withdraw from the contract to the extent permitted by applicable law. The Customer shall be informed without undue delay and any payments already made for the affected order shall be refunded.

5.6 The allocation of return shipping costs in the event of a statutory withdrawal or a return due to defective or non-conforming goods shall be governed by the applicable statutory provisions and the Seller’s Cancellation and Withdrawal Policy.

5.7 If the Customer refuses to accept a delivery, this does not automatically constitute a valid exercise of the statutory right of withdrawal. The Customer should contact the Seller and follow the applicable withdrawal and return procedure.

6) Retention of Title

6.1 The Seller shall retain ownership of the goods until the purchase price has been paid in full, to the extent permitted by applicable law.

7) Liability for Defects / Warranty

7.1 The Customer’s statutory rights in relation to defective or non-conforming goods shall apply.

7.2 The Customer is requested to report obvious transport damage to the carrier and to inform the Seller as soon as reasonably possible. Failure to make such a report shall not affect the Customer’s statutory rights against the Seller unless otherwise permitted by applicable law.

7.3 The Customer is encouraged to inspect the goods after delivery and to notify the Seller promptly of any defects, preferably including photographs or other appropriate documentation. This request does not limit or exclude any statutory rights or remedies available to the Customer.

7.4 In the event of a defect, the Customer shall have the statutory rights available under applicable law, including, where applicable, repair, replacement, price reduction, or withdrawal from the contract.

8) Redemption of Promotional Vouchers

8.1 Promotional vouchers issued free of charge by the Seller as part of a promotion and having a specified validity period (hereinafter referred to as “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only during the specified validity period.

8.2 Individual products may be excluded from a Promotional Voucher promotion if this restriction is expressly stated in the terms of the respective promotion.

8.3 Promotional Vouchers must be redeemed before completion of the order process. Subsequent redemption is not possible unless otherwise expressly agreed by the Seller.

8.4 Unless otherwise stated in the applicable promotion, only one Promotional Voucher may be redeemed per order.

8.5 The value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance shall not be paid out in cash unless required by applicable law.

8.6 If the value of the Promotional Voucher does not cover the total order value, the Customer may use another available payment method to pay the remaining amount.

8.7 Promotional Voucher balances are not paid out in cash and do not accrue interest.

8.8 If goods purchased wholly or partly using a Promotional Voucher are returned under a statutory right of withdrawal, the corresponding amount shall be handled in accordance with the applicable withdrawal and refund rules.

8.9 Promotional Vouchers may be transferable unless otherwise stated in the respective promotion. The Seller may provide its services to the person who redeems the voucher in good faith, to the extent permitted by applicable law.

9) Discount Promotions

9.1 Discounts, discount codes, promotional gifts, goodwill offers, and free shipping or return-shipping offers are voluntary promotional benefits unless otherwise expressly stated.

9.2 The Seller may determine the duration, conditions, scope, and availability of promotional offers, subject to applicable law and any binding terms communicated to the Customer.

9.3 A promotional discount does not affect the Customer’s statutory consumer rights, including statutory withdrawal and warranty rights.

10) Applicable Law

10.1 The legal relationship between the Seller and the Customer shall be governed by the laws of Hong Kong, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent permitted by applicable law.

10.2 If the Customer is a consumer habitually resident in a country that provides mandatory consumer protection rules, those mandatory consumer protection provisions shall remain unaffected by the choice of law to the extent required by applicable law.

11) Place of Jurisdiction

11.1 If the Customer is acting as a merchant, legal entity under public law, or special fund under public law, or is otherwise acting in the course of a commercial or professional activity, the courts having jurisdiction at the Seller’s registered office shall have jurisdiction, to the extent permitted by applicable law.

11.2 For consumers, the applicable statutory rules regarding jurisdiction shall apply. Nothing in these T&Cs shall restrict a consumer’s mandatory right to bring proceedings before the courts of their place of residence where such a right exists under applicable law.

12) Limitation of Liability

12.1 The Seller shall be liable without limitation for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the Seller or its legal representatives or agents.

12.2 The Seller shall also be liable for damages caused by intentional or grossly negligent breaches of duty by the Seller or its legal representatives or agents.

12.3 In the event of a slightly negligent breach of an essential contractual obligation, liability shall be limited to the foreseeable damage that is typical for the contract, to the extent permitted by applicable law.

12.4 Nothing in these T&Cs shall exclude or limit liability where such exclusion or limitation is prohibited by mandatory applicable law.

13) Alternative Dispute Resolution

13.1 The Seller aims to resolve customer complaints and disputes directly and amicably wherever possible. Customers may contact the Seller at:

Brigatte Limited
Registration No.: 81313573
UNIT 903A, 9/F., CAMERON COMM CENTRE
458-468 HENNESSY ROAD
CAUSEWAY BAY, HONG KONG
Email: brigatte.limited@gmail.com

13.2 The Seller is not generally obliged to participate in consumer dispute resolution proceedings before a consumer arbitration or alternative dispute resolution body unless an applicable law provides otherwise.

13.3 The former European Online Dispute Resolution (ODR) platform should no longer be referenced in the T&Cs because the platform was discontinued effective 20 July 2025.

14) Fulfilment and Third-Party Suppliers

14.1 The Seller may use third-party suppliers, manufacturers, wholesalers, logistics providers, fulfillment companies, and other service providers to process and fulfil Customer orders.

14.2 The use of third-party suppliers or fulfillment providers does not affect the Customer’s contractual relationship with the Seller or the Customer’s statutory rights.

14.3 Goods may be shipped directly from a supplier, manufacturer, fulfillment center, or other logistics location to the Customer.

14.4 The Seller remains responsible for its contractual obligations to the Customer to the extent required by applicable law.

Contact

Brigatte Limited
Registration No.: 81313573
UNIT 903A, 9/F., CAMERON COMM CENTRE
458-468 HENNESSY ROAD
CAUSEWAY BAY, HONG KONG

Email: brigatte.limited@gmail.com