These CHILLBRADA Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.chillbrada.com (the "Website") is owned by and/or operated by or on behalf of Werk Dienstleistung GmbH
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these CHILLBRADA Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the CHILLBRADA Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When do these Purchase Terms apply?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by CHILLBRADA. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from CHILLBRADA. It is only possible to deviate from these Purchase Terms if agreed in writing by CHILLBRADA.
2.2 Requirements to conclude a contract with CHILLBRADA
You have to
be 16 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to CHILLBRADA in the request or order is accurate and complete.
2.3 How is a contract concluded with you?
2.3.1 Formation of contract related to Standard Products
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
CHILLBRADA is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If CHILLBRADA does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by CHILLBRADA. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- (a) If Products are shown on the Website but are not available;
- (b) If we are unable to obtain authorisation of your payment;
- (c) If shipping restrictions may apply to a Product ;
shown on the Website contain a manifest error such as being incorrectly priced
or otherwise incorrectly described.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services, except when your order relates to Customised Products as indicated in section 2.3.2 below. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and CHILLBRADA will not take place unless and until either:
You receive an e-mail from CHILLBRADA which confirms the shipping of the Standard Products from our warehouse;
2.3.2 Formation of contract related to Customised Products:
Once you have placed your order for Customised Products (including CHILLBRADA Products), we will send you an order confirmation email. Acceptance of your order and the formation of a contract of sale of the Customised Products between you and CHILLBRADA will take place when you receive the order confirmation email from us.
2.4 Retention of title
All Products will remain the property of CHILLBRADA until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.5 Quality and maintenance of Products
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. CHILLBRADA is not liable for these variations and deviations.
CHILLBRADA draws your attention to the washing and maintenance instructions printed on the labels of the Products. CHILLBRADA is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.6 Order Cancellation
Because we start to process your order as soon as it is submitted, it is not possible to cancel your order.
The stated prices include VAT. Prices are quoted in EUR. CHILLBRADA reserves the right to make price changes prior to an order placed by you.
CHILLBRADA reserves the right to change, limit or terminate any special offers or discounts at any time.
CHILLBRADA charge delivery costs. The delivery costs vary for each Product and type of delivery. Where applicable delivery may be â€œExpress deliveryâ€; â€œStandard delivery
2.8 Methods of payment
CHILLBRADA accepts the folowing payment methods: Ideal,Mastercard, Visa , Maestro , Giropay, Sofortbanking, Banktransfer
Where we elect, or are required by applicable law, to issue or make available an invoice, CHILLBRADA reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
CHILLBRADA will deliver to the address indicated by you. CHILLBRADA can only deliver to a home or office address.
Deliveries will be done on business days. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country. Note that public holidays may vary per country and per year.
CHILLBRADA is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that CHILLBRADA delivers in parts, CHILLBRADA may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If CHILLBRADA is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
In the unlikely event that after entering into the sales contract, CHILLBRADA can no longer deliver your Products and is not responsible for this situation, CHILLBRADA will be entitled to terminate the sales contract. CHILLBRADA will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.11 Your right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be seven days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the goods or (in the case of a contract for multiple goods that you have ordered in the context of a single order and which are being delivered separately) the final delivery of partial goods or (in the case of a contract for the delivery of an item consisting of multiple partial deliveries or items) the last partial delivery or the last item.
To exercise your right of withdrawal you must inform us by sending an email to firstname.lastname@example.org stating your decision to withdraw from this contract.
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments we received from you, including delivery charges (with the exception of the additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us), immediately and at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned goods, or until you have submitted proof that you have returned the goods, whichever comes earlier.
You only have to pay for any diminished value of goods if this diminished value is due to improper handling on