TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

Last modified: August 18, 2022
 
 
1.  These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.brax.com (the “Site”).  These Terms are subject to change by Brax Store GmbH & Co. KG (referred to as “Brax,” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion.  Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site.  You should review these Terms prior to purchasing any product or services that are available through this Site.  Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
 
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ THEM CAREFULLY.
 
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
 
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.  YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
 
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BRAX, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
 
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site.  You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).
 
2.  Order Acceptance and Cancellation; Limits on Purchases
 
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products or services to you.  We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.  In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our goods, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise.  We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.  We reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed in violation of this policy.  We further reserve the right to cease doing business with customers who violate this policy.  We may modify this policy at any time without prior notice.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
 
3.   Prices, Product Information, and Payment Terms
 
(a)   All prices, discounts, and promotions posted on this Site are subject to change without notice.  The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email.  We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability.  We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
 
(b)  We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms.  If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
 
(c)  Although we have made every effort to display our products and their colors, textures, and appearance as accurately as possible, the displayed attributes of the products depend upon the computers or devices used by you to view our Site, and we cannot guarantee that your devices will accurately portray the actual attributes of the products. Likewise, we cannot and do not warrant the accuracy of customer product ratings, reviews, descriptions, comments, or feedback.
 
(d)  The following terms may be used by us to communicate pricing information:
 
(i)  ”MSRP” references the manufacturer’s suggested retail price, if available.
 
(ii)  ”[Price (excl. sales tax) ]” references our normal price for a product or service.
 
(iii)  ”Sale” refers to a reduced price for a product or service.  We may also indicate a Sale price by using strikethrough text of a price at which we previously and recently offered the product on the Site.
 
(iv)  ”Clearance” refers to a reduced price for a product or service that will be discontinued.
 
(e)  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.  We accept Visa, Master, American Express, Discover, Paypal for all purchases.  You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other payment method indicated, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
 
4.  Shipments; Delivery; No Export by You
 
(a)  We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.  Any shipping or handling charges may or may not reflect actual costs.  All orders are shipment contracts, not destination contracts.  You agree that you will not obtain or direct shipment of product for export.
 
(b)  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.
 
5.  Returns and Refunds
 
Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of original purchase, with valid proof of purchase and provided such products are returned in their original condition, which includes unworn, unwashed, undamaged products purchased on the Site. 
 
To return products, please use the return documents provided in our package. In addition, you can request the return documents via our service center:
 
Call: 1-800-712-5708
 
You are responsible for all shipping and handling charges on returned items, unless otherwise specified.
Refunds are processed within approximately 30 days of our receipt of your merchandise.  Your refund will be credited back to the same payment method used to make the original purchase on the Site.  WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
 
6.  Product Warranty and Disclaimers
 
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS”, WITH ALL FAULTS, WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
 
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
 
Products offered on our Site may be covered by a manufacturer’s warranty as detailed in the product’s description on our Site and included with the product.  To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.  YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY THIRD-PARTY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
 
7.  Limitation of Liability
 
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
 
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
 
The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and (ii)] not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions or caused by products you purchased through the Site
 
8.  Goods Not for Resale or Export
 
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.  You further represent and warrant that all purchases are intended for final delivery to locations within the US.
 
9.  Privacy
 
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
 
10.  Force Majeure
 
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, disease, pandemic or epidemic, quarantines, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
 
11.  Governing Law and Jurisdiction
 
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
 
12.  Dispute Resolution and Binding Arbitration
 
(a)   YOU AND BRAX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
 
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
 
(b)   The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12.  The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
 
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
 
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.  Brax will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim.  If your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Brax the reimbursement of its costs and arbitration fees against you and/or your counsel. 
 
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
 
(c)   In lieu of arbitration, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase.  The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy, and must be brought and maintained as an individual claim.
 
(d)   You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BRAX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
 
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
 
13.  Assignment
 
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section 13 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.
 
14.  No Waivers
 
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the waiving party.
 
15.  No Third-Party Beneficiaries
 
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
 
16.  Notices
 
(a)  To You. We may provide any notice to you under these Terms by sending a message to the email address you provide.  Notices sent by email will be effective when we send the email.  It is your responsibility to keep your email address current.
 
(b)  To Us. To give us notice under these Terms, you must contact us as follows: (ii) by personal delivery, overnight courier, or registered or certified mail to
 
Brax Store GmbH & Co. KG
Wittekindstr. 16-18
32051 Herford
Germany
 
We may update the address for notices to us by posting a notice on the Site.  Notices provided by personal delivery will be effective immediately.  Notices provided by overnight courier will be effective one business day after they are sent.  Notices provided by registered or certified mail will be effective three business days after they are sent.
 
17.  Severability
 
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
 
18.  Entire Agreement
 
These Terms,  our Website Terms of Use and our Privacy Policy, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.