Terms and conditions of use

Last updated: December, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.brooks-espressomachines.com website operated by Brooks Espressomachines ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

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 images, they are only approximate, indicative and cannot lead to compensation or termination of the agreement. 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.
g. digital images are only as per reference and no rights can be derived from them

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, special order items, items on request and items which are taken out of the sealing are excluded. Brooks Espressomachines may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s). The right of withdrawal does not apply to business accounts, only to private individuals.

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

a. 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.

b. 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.

c. 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 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:

Products which are specially ordered,electoral and electrical components
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.

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;

Perishable products or products with a limited durability.

Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;

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.

2. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, credit card number, CCV and the credit card’s expiration date. We are mentioning that we do not share and sell this information and we do not store it into our servers. The third-party application used for payments will process the transaction and goes under their Terms and Conditions. Make sure you read that too.

Article 12 - Content

Our Service does not allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") without the consent of Brooks Espressomachines.

Article 13 - Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Brooks Espressomachines.

Brooks Espressomachines has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Brooks Espressomachines shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Article 14 - Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you have any questions about these Terms, please contact us.