Standard Business Terms and Customer Information
I. Standard Business Terms
§ 1 Basic provisions
The following business terms are applicable to all the contracts, which you conclude with us as a supplier (BRASTY GROUP s.r.o.) via the www.brasty.co.uk/ website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
The subject-matter of the contract is the selling of products.
On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
The purchase agreement takes place via the online shopping basket system as follows:
The products intended for purchase are moved to the "shopping basket". You can select the shopping basket using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (PayPal) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Submit order” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
The products purchased in the online store www.brasty.co.uk are forbidden to be used for commercial purposes expressly.
The seller has the right to refuse the order if the quantity of products ordered does not correspond to the usual quantity of goods for personal consumption. If there is a dispute about the quantity of goods ordered for normal personal consumption, the seller's opinion is always decisive. Purchases of goods for commercial purposes are not allowed on the www.brasty.co.uk website. If the buyer places an order for this purpose, the seller will contact the buyer immediately by phone or email, in order to inform him of the terms and conditions of the store, regarding such purchases and to determine the details. (choosing other ordered products or canceling the order, etc.).
§ 3 Right of retention, reservation of proprietary rights
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
The goods remain our property until the purchase price is paid in full.
§ 4 Liability
We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II).
If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 5 Choice of law, place of fulfilment, jurisdiction
English law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in the Great Britain or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
BRASTY GROUP s.r.o.
Lípová 511/15, Nové Město
120 00 Praha 2
Telephone: +44 020 3807 5465
Company’s complaints office:
BRASTY GROUP s.r.o.
779 00 Olomouc
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
5.5 The cost of postage and packing shall be bear by the buyer according to the method chosen when ordering the goods. These costs are manage by the prices listed at www.brasty.co.uk .
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
7.1 The statutory warranty rights are applicable.
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
8.1 Gifts are goods that are provided free of charge to other purchased goods of the seller. Gifts are provided on the basis of a donation contract where the seller is the donor and the buyer the recipient. Only the rights arising from the gift contract can be applied to gifts and are not subject to the provisions of the Terms and Conditions on Complaints, Withdrawal from the Contract, Goods Exchange and more.
8.2 The seller reserves the right to change the provided gifts according to the current availability and stock levels compared to the offer in the e-shop.
8.3 Gifts cannot be claimed for defects according to the Terms and Conditions.
9. Cancellations, returns and warranty
9.1 You have the right to revoke a contract within fourteen days without specifying any reasons. The revocation period is fourteen days with effect from the day following receipt of the goods by you.
9.2 In order to exercise your revocation right, you must inform us (BRASTY GROUP s.r.o., phone number: 02038 075 465, e-mail address: firstname.lastname@example.org) of your decision to revoke this contract by means of a clear declaration. Please fill in and attach this form while withdrawing from a contract. The products shall be returned in original packaging including any gifts which have been a part of the order as well as the original invoice.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
9.3 If you revoke this contract, we shall repay all the payments (excluding insurance), which we received from you, including the original delivery costs at the latest within fourteen days from the day on which we received the returned goods from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
9.4 We shall refuse the repayment until the products are returned to us. You must return or transfer the products to the address below immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline. You bear the direct costs for returning the products.
9.5 There is a 2 year warranty on all watches available at brasty.co.uk. The warranty covers the watch movement only, for the warranty period, from the date of purchase. Stones/crystals, bracelets, batteries, lenses and straps are not included in the warranty. Wear and tear is not covered by the warranty.
9.6 In case of returning faulty goods during the warranty period, please note we have 30 days from receipt of such goods to inspect them. Please make sure that you include a filled-in Complaint sheet (find link below) or send it to us via email. Our Complaint department deals with complaints as quickly as possible and you will be informed about the process. When returning a product, please ensure you keep your proof of postage until we acknowledge receipt of goods.
If any adjustments, for example, bracelet resizing, are made to personalise your product(s) you may NOT return the item as unsuitable. This is because such an item has now been created by or for you and the item can no longer be sold as new. If the item is faulty and adjustments have been made, each case will be looked at individually before an offer of refund or exchange is made.
9.7 If your complaint evaluated as justified, the product will be repaired at our cost and sent back to you. If the complaint is evaluated as unjustified, you may be offered a solution (such as a repair at your cost) and you will be contacted to confirm if you agree/disagree with this repair cost.
9.8 All items are thoroughly inspected for defects before they are dispatched. Upon delivery, you must inspect the product(s) and notify us promptly of any dissatisfaction with your order. If the product(s) are faulty you must return them promptly to us and, upon receipt, we shall refund the Full Price of the product(s) and/or exchange the product(s) at per your request. If you receive an item from us which is defective or dysfunctional, you have a 30 day period from date of receipt to return this product for refund or replacement. Please contact us by email to inform us within 30 days of receipt of the goods and we will advise you as to how to send the faulty product(s) back to us. We may require photographic evidence to support claims for damages. You have to take reasonable care of the product prior to return.
9.9 Warranty on the outlet goods: All outlet goods are covered with a 1-year guarantee. THE GUARANTEE DOES NOT COVER THE FOLLOWING: Defects which the customer was informed about at the time of purchase and which were factored in the price.
9.10 Free lifetime post-warranty service
If necessary, we will arrange service or repair of your watch at any time in the future. This service is completely free of charge, we only charge you for any spare parts. Postage is not included. This applies to all watches purchased from us.
Please be sure to contact us first before you send your product(s) back and include a brief description of the fault and your order number with your returned product(s). This will help us deal with your problem quickly and efficiently. You can find the complaint sheet HERE.
The address for returning the goods:
Olomouc ZIP: 779 00
last update: 23.01.2017