General Terms and Conditions of BRISA Entertainment GmbH

§ 1 Scope of Application

The business relationship between BRISA Entertainment GmbH (hereinafter referred to as BRISA) and the customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. BRISA does not recognise deviating terms and conditions of the customer unless BRISA has expressly agreed to their validity in writing.

§ 2 Conclusion of contract

Your order shall constitute an offer to us to conclude a purchase contract. When you place an order in the VW Collection by BRISA online shop, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order. A contract of sale is only concluded when we dispatch the ordered product to you. No contract of sale is concluded for products from one and the same order that are not listed in the shipping confirmation (non-deliverable products). The contract is concluded with BRISA. BRISA does not offer products for purchase by minors. Our products for children can also only be purchased by adults. Please note that we only sell our products in household quantities.

§ 3 Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen (14) days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to exercise your right of revocation, you must send us

BRISA Entertainment GmbH

Hauptstr. 6

85462 Reisen

Tel: +49/8122/9727-51

Fax: +49/8122/9727-40

Email: vw-collection@brisa.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Excluded from the right of revocation according to § 312 d IV No. 1 BGB (German Civil Code) are all custom-made products, finishing orders and customer-specific manufactured articles and one-off products, e.g. individually printed CDs, watches, printed articles, advertising material, etc.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. In the case of audio recordings (i.e. CDs), the seal (foil) must be intact!

End of the cancellation policy

§ 4 Delivery

Unless otherwise agreed, delivery shall be ex warehouse to the address specified by the customer. Information on the delivery period is non-binding unless, in exceptional cases, the delivery date has been bindingly promised. If the supplier of BRISA does not supply BRISA with the ordered goods despite contractual obligation, BRISA shall be entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. The purchase price already paid shall be refunded without delay.

§ 5 Due date and payment, default

The customer can pay the purchase price in Germany by PayPal or advance payment by bank transfer. Customers outside Germany can only pay the purchase price by credit card. If the customer is in default of payment, BRISA shall be entitled to charge interest on arrears in the amount of 5% above the base interest rate p.a. announced by the European Central Bank. If BRISA has demonstrably incurred higher damages due to default, BRISA shall be entitled to assert such damages.

§ 6 Set-off, retention

The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by BRISA. In addition, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 7 Retention of title

The delivered goods shall remain the property of BRISA until payment has been made in full.

§ 8 Liability for defects

If there is a defect in the purchased goods, the customer may demand subsequent performance, remedy of the defect or replacement delivery. Unless otherwise stated below, any further claims of the customer -- irrespective of the legal grounds -- shall be excluded. BRISA shall therefore not be liable for damage that has not occurred to the delivery item itself; in particular, BRISA shall not be liable for loss of profit or for other financial losses of the customer. Insofar as BRISA's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. The aforementioned limitation of liability shall not apply insofar as the cause of damage is based on intent or gross negligence or personal injury is involved. If BRISA negligently breaches a material contractual obligation, the obligation to pay compensation for material damage shall be limited to the typically occurring damage. If subsequent performance is effected by way of a replacement delivery, the customer shall be obliged to return the goods first delivered to BRISA within 30 days. If the goods are not received by BRISA within this period, BRISA shall be entitled to demand compensation for the goods delivered first and to debit this from the means of payment designated for payment. The limitation period is twenty-four months, calculated from delivery.

§ 9 Collection, processing and use of personal information of our customers

Information that we receive from you helps us to personalise and continuously improve your shopping experience with BRISA. We use this information to process orders, deliver goods and provide services to buyers and sellers, and process payments. We also use your information to communicate with you about orders, products, services and marketing offers, to update our records and to maintain and service your customer accounts with us, and to recommend products or services that may be of interest to you. We also use your information to improve our shop and platform, to prevent or detect misuse of our website or to enable third parties to perform technical, logistical or other services on our behalf.

§ 10 Online dispute resolution

The European Commission offers a platform for online dispute resolution (OS), which can be found here: https://webgate.ec.europa.eu/odr.

If you have any questions, please contact this email address: vw-collection@brisa.de

§ 11 Applicable law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Status: April 2021