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Download general terms and conditions

Article 1 – Applicability
1.     These General Terms and Conditions apply to any offer from Brooks Espressomachines       and to any distance contract concluded by Brooks Espressomachines and the   Consumer.
2.     Before concluding a distance contract, Brooks Espressomachines shall make the text of       these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, Brooks Espressomachines shall indicate in      what way the General Terms and conditions can be inspected and that they   will be sent free of charge if so requested, before the distant contract is      concluded.  
3.     If the distance contract is concluded electronically, the text of these General    Terms and Conditions, in deviation from the previous section and before the        distance contract is concluded, may also be supplied to the Consumer   electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where     the General Terms and Conditions can be viewed electronically and that they         will be sent to at the          Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4.     In the event that specific product or service condition apply in addition to        these General Terms and Conditions, the second and third paragraphs shall    apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most         favourable to him/her.
 
Article 2 – The offer
1.     If an offer is of limited duration or if certain conditions apply, it shall be          explicitly stated in the offer.
2.     The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable       the Consumer to assess the products, or services and/or digital content         adequately. If Brooks Espressomachines makes use of pictures, they are truthful        images of the products and/or services provided. Obvious errors or mistakes   in the offer do not bind Brooks Espressomachines.
3.     All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
 
Article 3 – The contract
1.     Subject to the provisions in paragraph 4, the contract becomes valid when the          Consumer has accepted the offer and fulfilled the terms and conditions set.
2.     If the Consumer accepted the offer via electronic means, Brooks Espressomachines  shall promptly confirm receipt of having accepted the offer via electronic         means. As long as the receipt of said acceptance has not been confirmed, the        Consumer may repudiate the contract.
3.     If the contract is concluded electronically, Brooks Espressomachines will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Brooks Espressomachines shall observe appropriate security measures.
4.     Brooks Espressomachines may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the       results of this investigation, Brooks Espressomachines has sound reasons for not    concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5.     Before delivering the product, Brooks Espressomachines shall send the following        information along with the product, the service or the digital content in writing        or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:   
a. the visiting address of Brooks Espressomachines business establishment where the Consumer may get into contact with any complaints;        
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;    
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
        e. the requirements for cancelling the contract if the contract has a duration   of more than one year or for an indefinite period of time.
        f. the standard form for withdrawal if the Consumer has the right of    withdrawal.
6.     In case of a continuing performance contract, the stipulation in the previous    paragraph only applies to the first delivery.
 
Article 4 – Right of withdrawal

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. Electronic components and special order items are excluded. Brooks Espressomachines    may    ask the Consumer about the reason for the withdrawal but cannot force         him to state his reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance       and who is not the carrier, or
    1. if the Consumer ordered several products in the same order: the day on                   which the Consumer or a third party appointed by him received the             last product. Brooks Espressomachines may refuse an order of several products              with different delivery dates provided that he clearly informs the                           Consumer prior to the order process.
    2. in case the delivery of a product consists of several batches or parts:              the day on which the Consumer or a third party appointed by him            received the last batch or the last part.
    3. in case of an agreement about regular delivery of products during a                given period: the day on which the Consumer or a third party appointed                 by him received the first product.
 
Article 5 – Consumer’s obligations during the time of reflection
  1. During this period, the Consumer shall handle the product and the packaging   with care. The Consumer shall only unpack or use the product to the extent    necessary for establishing the nature, the characteristics and the effect of the        product. The guiding principle is that the Consumer may only handle and    inspect the product in the manner in which one is allowed to handle a product          in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is     caused by the way of handling the product which went further than      allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if Brooks Espressomachines has not provided him with all legal information about the right of    withdrawal before concluding the Agreement.

Article 6 – Brooks Espressomachines obligations in case of withdrawal
  1. If Brooks Espressomachines makes the notification of withdrawal by electronic means         possible, he shall promptly send a return receipt.
  2. Brooks Espressomachines shall reimburse all payments made by the Consumer,        excluding any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which     the Consumer notified him of the withdrawal.
  3. Brooks Espressomachines shall make use of the same means of payment that the     Consumer used, unless the Consumer consents to another method. The   reimbursement is at own expenses of the consumer
  4. If the Consumer opted for a more expensive method of delivery instead of the         cheapest standard delivery, Brooks Espressomachines need not reimburse the additional costs for the more expensive method.  
   
Article 7 - Exclusion of the right of withdrawal
Brooks Espressomachines can exclude the following products and services from the right of withdrawal but only if Brooks Espressomachines notified this clearly when making the offer or at any rate in good time before concluding the agreement:
  1. Products which are specially ordered and electoral components
  2. Services agreements, after full performance of the service, but only if
        a.     the performance started with the Consumer’s explicit prior consent; and
        b.     the Consumer stated that he will lose his right of withdrawal as soon as          Brooks Espressomachines has fully performed the agreement.
  1. Products manufactured in accordance with the Consumer’s specifications        which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific   person;
  2. Perishable products or products with a limited durability.
  3. Sealed products which are for health or hygiene reasons not suitable for being          returned and of which the seal was broken;
  4.  
 
Article 8 - The price
1.     The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to     changes in VAT rates.
2.     Contrary to the previous paragraph, Brooks Espressomachines may offer products or         services whose prices are subject to fluctuations in the financial market that   are beyond Brooks Espressomachines control, at variable prices. The offer will state        the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.
Article 9 – Performance of an agreement and extra Guarantee
1.     Brooks Espressomachines guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable          requirements of usability and/or reliability and with the existing statutory     provisions and/or government regulations on the day the contract was    concluded. If agreed, Brooks Espressomachines also guarantees that the product is         suitable for other than normal use.
2.     An extra guarantee offered by Brooks Espressomachines, his Supplier, Manufacturer or         Importer shall never affect the rights and claims the Consumer may exercise    against Brooks Espressomachines about a failure in the fulfilment of the Brooks Espressomachines    obligations if Brooks Espressomachines has failed in the fulfilment of his part of the agreement.
 
Article 10 – Delivery and execution
1.     Brooks Espressomachines shall exercise the best possible care when booking orders    and executing product orders and when assessing requests for the   provision of services.
2.     The place of delivery is at the address given by the Consumer to Brooks Espressomachines
3.     With due observance of the stipulations in Article 4 of these General Terms     and Conditions, Brooks Espressomachines shall execute accepted orders with   convenient speed but at least within 30 days, unless another delivery period        was agreed on. If the delivery has been delayed, or if an order cannot be filled or   can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to        repudiate the contract free of charge and with the right to possible        compensation.
4.     After repudiation in conformity with the preceding paragraph, Brooks Espressomachines shall return the payment made by the Consumer promptly but        at least within 30 days after repudiation.
5.     The risk of loss and/or damage to products will be borne by Brooks Espressomachines         until the time of delivery to the Consumer or a representative appointed in   advance and made known to the Consumer, unless explicitly agreed       otherwise.  
 
 Article 11 – Payment
 
1.     Unless otherwise stipulated in the agreement or in the additional conditions,     the amounts to be paid by the Consumer must be settled within 14 days after      the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service,     this period starts on the day that the Consumer received the confirmation of     the agreement.
 

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