Braiins Store

What Should I Know Before I Order?

(Terms of Sale)

PREAMBLE

Welcome to the family!

You are just one step from letting the whole world know that you are a part of the Braiins family with our awesome merchandise items and other cool stuff (“Products”).

While we prepare your items in our warehouse, please read through these Terms of Sale governing your purchase. We value your time, so we promise to keep it as brief as possible.

If you like and agree with everything you read, you may then go ahead and place your order. By placing your order, you let us know that you have agreed to these Terms of Sale.

So, without further ado, let's get into it:

PARTIES

Let's introduce ourselves…

We are a commercial company called Braiins Shop s.r.o., Id. No. 09639900, registered office at Křižíkova 148/34, Karlín, 186 00 Prague 8, Czech Republic, registered in the commercial register kept by the Municipal Court in Prague under file No. C 183056.

Okay, now a little bit about you…

When we refer to you in these Terms of Sale, we actually refer to anybody, whether individual or legal person, who purchases the Products.

It probably goes without saying, but your legal capacity must not be limited to the extent that could in any way prevent you from purchasing the Products or from effectively agreeing to and complying with these Terms of Sale.

If you plan to purchase the Products on behalf of any other person, whether individual or legal person, you must obviously have legal authority to do so.

I almost forgot to mention that I am a consumer!

That's good to know, because as a consumer you may be entitled to some special treatment.

If you are not sure, just ask yourself, if you are an individual who purchases Products for a purpose that is outside his trade, business or profession. If the answer is “yes”, then you are most likely considered a consumer.

As a consumer, you are traditionally entitled to withdraw from the legal contract established when accepting these Terms of Sale within fourteen days from the day when the Products are delivered to you.

Also, you should know that if you are a consumer some of the liability and warranty limitations may not apply to you depending on your country of residence.

I want to resell your Products for profit, is that okay?

Actually, this document does notapply in such an event. If you intend to resell the Products, please contact us for more information on the procedure and on the special terms and conditions of purchase and further resale.

ORDER

How do I purchase the Products?

It is simple, just visit our website (https://store.braiins.com/), find the Product you like and add it to the cart. You can always check what is in your cart by clicking on the cart icon in the top right corner of the website before you proceed to the checkout.

When you are happy with your order, just visit the cart section again, confirm these Terms of Sale (not before reading it though) and click on the “Checkout” button.

You will then have an option to fill in your contact information (at least your name and email address) shipping address and/or billing address, payment method (by selecting from the available choices) and shipping method (by selecting from the available choices).

You will always have a chance to review the order before placing it and making the payment and you can modify or cancel your order at any time before making the payment. Please note, that once your order is placed and your payment is sent, the order is binding (legally speaking it constitutes a binding offer to us to buy the Products).

This is for legal reasons only:

You agree (i) to use remote means of communication when accepting these Terms of Sale and you also agree that (ii) you are responsible for all the costs incurred when using remote means of communication in connection with accepting these Terms of Sale (costs of Internet connection, telephone calls etc.).

You are responsible for any information listed during the order placement procedure, including, but not limited to, the email address, shipping address, and the amount and specification of the ordered Products.

When is the order accepted and what if it is not?

When you place the order and make your payment, we will review it and if there are not any issues, we will accept it and send you a confirmation email. At that moment, the order is accepted.

In most cases, that will be it, but just so you know what happens, if something goes wrong during the order placement and acceptance procedure:

The acceptance of your order is not effective unless we have received the full payment you have agreed to pay at the Checkout. So, if for any number of reasons we have not received the payment, the order is not accepted even if you have received the confirmation.

The acceptance of your order will be related only to those Products confirmed in the confirmation email. (For example, we may learn that we cannot ship some of the Products since the stocked items were damaged etc.).

If you do not receive any confirmation email or if we do not receive the full payment within thirty (30) days of placing the order, the order has been rejected and you may request the refund of any payment we have received.

Can the contract be changed later?

Once the order is accepted, a binding contract (with terms and conditions described in these Terms of Sale) is concluded and it cannot be unilaterally changed except in the events we describe in these Terms of Sale.

We are fair to our customers, so we do not cancel contracts or reject orders unless there are some very extraordinary circumstances including the instances when there was an obvious pricing, typographical or any other obvious error that affected the order or the instances when you have violated any applicable laws in relation with the contract (e.g. ordered on behalf of others without their authorization, misused personal data of others, misused funds of others to pay for the order etc.). In such cases we reserve the right to declare the contract void.

PRICES AND AVAILABILITY

Is there anything else I should know about the shopping experience?

There are few things that we are obliged to list, more or less just for legal purposes:

Any information on the Products including prices and availability published on the Braiins Store website, is of an informative nature only, and we do not have to accept your orders for these Products. It may also be changed at any time without any prior notice. The provision of Section 1732 (2) of the Act of the Czech Republic No. 89/2012 Col., Civil Code, as amended (“Civil Code”), will not apply.

We are subject to taxation for value-added tax (VAT). The prices of the Products on the Braiins Store website are fixed in a EUR value and are displayed on the website usually both including and excluding VAT. In case of any doubt, the displayed price is always considered to be excluding VAT.

All additional freight, delivery, or postal charges and any other additional costs (and/or the method of their calculation) vary with reference to the selected shipping method, carrier, and payment method, and are displayed on the Braiins Store website.

Unless stated otherwise, you may use only one discount code or discount coupon per order.

DELIVERY

How and when do I receive the Products?

In legal terms:

According to the law, under the purchase agreement we undertake to deliver the ordered Products to you and enable you to acquire the title to them; on the other hand you undertake to duly receive the Products from us and pay us the purchase price.

Now in practical terms:

After we accept the order, we will without undue delay dispatch the ordered Products to you using the shipping method you selected.

If such a shipping method is no longer available or if the shipping costs have risen in the meantime, we will contact you and offer you alternate shipping. If you do not agree, we have a right to withdraw from the contract.

If we provide you with any dispatch or delivery dates, please, be aware that they are estimates only and we cannot be responsible for any delayed delivery.

We reserve the right to dispatch, at our discretion, the Products to you only after the purchase price is paid in full.

We also reserve the right of ownership to the Products (legally speaking, the title) until the purchase price has been paid in full.

The most important thing about the whole delivery process:

At the moment of delivery check to ensure that the parcel was not tampered with and that the packaging of the parcel as well as the packaging of the Products is intact. In the event of any damage to the parcel, Products, or their packaging, inform us without any delay.

PAYMENT TERMS

We accept payment through one or more payment gateway providers, by bank transfer to our bank account, and in bitcoin.

Card payments are processed by a third-party payment gateway provider, which we may assign to your order or let you choose at checkout. That provider is responsible for processing your payment and for any information you submit during the payment, including card information. It may also offer other payment methods, which we reserve the right to decline.

If you pay by bank transfer, you pay the purchase price to our bank account using the details we provide. We accept your order once we receive your payment in full and match it to your order. If we cannot match your payment, or any of your items are out of stock once your payment clears, we may cancel or partially cancel your order and return the unapplied funds, to the account they came from. You are responsible for any bank fees on your transfer; for international transfers, this means using the SWIFT charge code OUR.

We accept bitcoin (BTC) on the Bitcoin mainnet and over the Lightning protocol. If you pay in bitcoin, you are responsible for all network and transaction fees. You are still billed in the currency shown on your invoice. If we refund your order in whole or in part, we may, at our discretion:

refund you in bitcoin at the exchange rate used to calculate your payment;
refund you in bitcoin at the exchange rate when the refund is processed; or
refund you in the currency stated on your invoice by bank transfer, in which case you must give us the payment details we need, including your IBAN and BIC.

If we refund you in bitcoin, we may wait until the transaction fee for the refund falls below the equivalent of 1 US dollar.

Taxes, duties and other payments…

You are responsible for payment of any sales, use, value added, and any other similar taxes or governmental fees associated with your order.

You must also pay for any necessary shipping costs, insurance, and import or export duties (if applicable).

If we have to under the applicable law collect and remit any taxes or fees (for example we collect VAT on the products sold and invoiced within the territory of the European Union), then we will add the appropriate amount to the final sum of your payment. The same applies for the shipping costs of your selected shipping method.

To summarize: You pay any taxes associated with the purchase, and you pay for shipping and customs, so that the Product can be delivered to you.

Do I receive an invoice?

Yes, usually we send you an invoice electronically via email you have listed when placing your order.

For legal reasons you hereby consent to receive sales invoices electronically.

And more legal requirements…

…we have to inform you that under Act No. 112/2016 Sb., the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, the seller is required to register the received revenue with the tax administrator online, in the event of a technical outage, within forty-eight (48) hours at the latest.

LICENSE

Some things we just do not sell…

… so please be aware that you cannot use any of our trademarks, trade names, company logos etc. by virtue of having purchased our Products hereunder.

CONTRACT WITHDRAWAL

You have mentioned that as a consumer I have a right to withdraw?

Yes, first of all this applies really to consumers (within the meaning of the term established by Section 419 of the Civil Code) only.

Unless stated otherwise by the law or by these Terms of Sale (e.g. in instances where the Product has been personalized for you), you are entitled to withdraw from the contract within fourteen (14) days from the date on which you have taken the possession of the products.

You may send us withdrawal by email or by mail (you may use the sample form that constitutes Annex No. 1 to these Terms of Sale) as long as it is received by us within the above-mentioned time limit. We confirm the receipt of your withdrawal electronically without undue delay.

In order to qualify for a full refund, the products must be returned unused and sealed in the original packaging, with all the original materials provided in their complete condition, within fourteen (14) days from the withdrawal.

If you qualify for a refund, we will refund the purchase price paid, including the shipping charges corresponding to the cheapest shipping method available to you at the time of your order (without regard to your choice of shipping method). We will not, however, refund you for the costs of shipping the products to us.

If you do not qualify for a full refund for any reason (the products are used etc.), we may, at our discretion, grant you a partial refund.

The refund will usually be executed within fourteen (14) days from the day we have received the returned products. At the moment your return is processed, we will send you a confirmation email.

The payments (after deducting any fees and costs accountable to you hereunder) shall be refunded as follows:

In case of card payments we shall refund the payment to the card or account used for the payment.
In case of bank transfers we shall refund the payment to the bank account from which you made the payment.
In case of bitcoin payments we shall refund the payment in accordance with the bitcoin refund rules set out in the Payment Terms above.

These rules apply similarly also in case of any other payment refunds related to these Terms of Sale.

DEFECTS

Do you offer any warranty?

We warrant that the Product, its components, and labor are free from defects in material and workmanship and are of the stipulated quality at the time the Product is delivered to you (the “Liability for Defects”).

Furthermore, we warrant that the Product, its components, and labor are free from defects in material and workmanship under normal use during the warranty period of two (2) years that starts from the time the product is delivered to you (the “Commercial Warranty”).

Under these Terms of Sale, we do not offer any additional commercial warranty except for the Commercial Warranty.

What should I do if the Product is defective?

If the Product you ordered was damaged or defective at the time of its delivery or if the product is not free from defects in material and workmanship under normal use during the warranty period, you may return it in order to get a replacement or to have it repaired.

Such a return must be initiated without undue delay after the defect is discovered. You may not initiate the return later than two (2) years after the original date of delivery.

A replacement Product or repaired Product will be shipped when the original damaged or defective Products is received and processed by us.

We warrant the replaced Product to be free from defects in material and workmanship at the time the replaced product is delivered to you and to stay so under normal use for the remainder of the original warranty period. If the replaced Product were damaged or defective at the time of delivery, you may initiate the return again. However, you may never initiate the return later than two (2) years after the date when the Product (that was replaced) was delivered to you for the first time.

What if I have bought the Product from somebody else?

The rights under Section 9 hereof are non-transferable and are enforceable only by the original purchaser. Any product that has not been purchased (i) as new (ii) from us is expressly excluded from the scope of Section 9 hereof.

LIABILITY

So where are all the other legal disclaimers?

You have just found them, so let's get it over with.

Our total liability to you for any direct, indirect, special, consequential, punitive or any other damages and costs including but not limited to loss of profit, loss of revenue, or loss of business opportunity arising out of or in connection with your purchase and use or inability to use the Products, and our warranties are under all circumstances limited to the financial amount that you have paid for the product that gave rise to the liability.

Under certain laws it may not be possible to disclaim our liability and warranties completely. For such cases we hereby disclaim our liability and warranties to the fullest extent permissible under any such law.

We shall not be deemed to be in breach of the contract concluded with you, if we do not perform any of our obligation due to the event that was beyond our control and that we could not be reasonably expected to have taken into account at the time of the contract conclusion or to have avoided.

PERSONAL DATA

Are my personal data safe with you?

First of all, let us assure you that the collection of your personal data (e.g. the data submitted when placing your order or when notifying us of a defect) shall be as limited as possible.

Any collection, storage and handling of your personal data shall be controlled by a separate set of terms on handling the personal data of our customers (Braiins Privacy Policy).

GOVERNING LAW AND CHOICE OF COURT

What laws do apply?

The laws of the Czech Republic, without regard to principles of conflict of laws, shall govern these Terms of Sale and any dispute of any sort that might arise between you and us in connection herewith (including any claims under any liability theory).

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

This choice of law clause does not deprive you, if you're a consumer of your rights under mandatory provisions of the law of your country of habitual residence in the event that such law would otherwise be applicable pursuant to the Article 6 (1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

What if we argue?

We always operate in a customer-friendly manner. We try to solve any issues peacefully and ask you to do the same. Therefore, you agree to notify us of any disputes arising out of or in connection with these Terms of Sale and you agree that you will always attempt an out-of-court dispute resolution before you bring the dispute before the courts.

However, sometimes out-of-court dispute resolution is just not possible. In that event, any dispute relating in any way to these Terms of Sale shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague 8 and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague.

Should you violate or threaten to violate our intellectual property rights in any manner, we may seek an injunction or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue of such courts.

I have heard there are some alternative dispute resolution procedures just for consumers…

In the event of any disputes arising in connection with these Terms of Sale, you have the right to seek an out-of-court settlement through the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Id. No. 000 20 869, Web addresshttps://adr.coi.cz/cs.

You may also use a platform for out-of-court dispute settlement located on the websitehttp://ec.europa.eu/consumer/odr.

Of course, this applies to consumers (within the meaning of the term established by Section 419 of the Civil Code) only.

NOTICES

How do I get in touch with you? And what if you need to contact me?

You can contact us electronically via tools available on our website or via the email address support@braiins.com. Your message is considered as delivered when we confirm its delivery to you, which we always attempt to do promptly.

We will not bother you too much, but occasionally we may have to contact you. In that event we will use the email address provided by you when placing the order.

We will occasionally send you an email with commercial announcements, you may at any time without having to give a reason opt out of these communications.

MISCELLANEOUS

Some necessary boilerplates…

If any clause of these Terms of Sale is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the parties with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable clause, given the content and purpose of these Terms of Sale.

You may not assign or transfer any of your rights or obligations assumed under these Terms of Sale or in any other way related hereto without our prior written consent.

If you do not comply with these Terms of Sale, and we do not take action right away, or if we do not enforce any other provision hereof, this doesn’t mean that we are waiving any rights that we may have (such as taking action in the future).

All the provisions of these Terms of Sale that by their nature extend beyond the termination of mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of our mutual legal relationship.

The concluded contract is kept by us electronically and is not accessible by you.

I did not like something I have read above.

We always attempt to make legal documents as brief and user friendly as possible, but we cannot completely make do without them.

So even though we regret it, if you do not agree with any part of these Terms of Sale, we cannot sell you the Products. If that is the case, please contact us and we will do our best to find a suitable solution for you.

I found out there is a conflict between this document and the terms I found elsewhere.

If there is such a conflict, please let us know immediately, so that we can attend to it and improve our documentation. Meanwhile, these Terms of Sale will control for that conflict.

In the event that you as an entrepreneur use your own set of terms and conditions, they do not apply to our mutual legal relationship unless we have expressly agreed to them in writing.

So, is that it? May I go ahead and place my order?

Just one last thing, please remember that we may change or amend these Terms of Sale or an additional terms that apply to your purchase and use of our products (such as the Braiins Privacy Policy) from time to time, and if we do so, we will have to ask you to read through them and agree to them again.

We realize it is an inconvenience for you, so we promise not to do it too often.

In Prague on 6th July 2022
Braiins Shop s.r.o.

Annex No. 1

To: Braiins Shop s.r.o., Id. No. 09639900, registered office at Křižíkova 148/34, Karlín, 186 00 Prague 8, Czech Republic

Email: support@braiins.com

I hereby give notice that I withdraw from my contract of sale of the following products:

………………………………………………………

……………………………………………………...

Ordered on ………………………………………..

Order No. ……………………………………….

Name ……………………………………………...

Address …………………………………………...