Terms and Conditions

General Terms and Conditions with Customer Information

• § 1 SCOPE AND PROVIDER
• § 2 CONCLUSION OF THE CONTRACT
• § 3 PRICES
• § 4 SHIPPING COSTS
• § 5 TERMS OF DELIVERY
• § 6 TERMS OF PAYMENT
• § 7 RESERVATION OF TITLE
• § 8 WIDERRUFSRECHT
• § 9 TRANSPORT DAMAGES
• § 10 WARRANTY
• § 11 FINAL PROVISIONS

Customer information

• GENERAL TERMS AND CONDITIONS OF PARTICIPATION & DATA PROTECTION NOTICES FOR CITIZENSHIP IN THE FREE STATE OF MIND BRUNO BANANI
• HOW DOES THE SHOPPING BASKET SYSTEM WORK?
• WHEN DOES MY ORDER BECOME BINDING?
• ONLINE DISPUTE RESOLUTION
• IS THE CONTRACT TEXT SAVED?

General Terms and Conditions (with legal information)

§ 1 Scope and provider

These General Terms and Conditions shall apply to all contracts that are
concluded through the website of

bruno banani underwear GmbH
Mauersbergerstraße 5
09117 Chemnitz

Phone: +49 (0) 371 – 8 42 34-36
Fax: +49 (0) 371 – 8 42 34-46
E-Mail service@brunobanani.com

with the contractual partner

bruno banani underwear GmbH
Mauersbergerstraße 5
09117 Chemnitz

Phone: +49 (0) 371 – 8 42 34-36
Fax: +49 (0) 371 – 8 42 34-46
E-Mail service@brunobanani.com

Managing Director: Wolfgang Jassner, Jan Jassner, José Borge

Chemnitz District Court, HRB 9100

VAT ID No. DE 811 554 264

If you have any questions or complaints, you can reach our Customer Service Department on
Monday to Friday from 09:00 to 17:00 on +49 (0) 371 – 8 42 34-36 and by e-mail at service@brunobanani.com.

§ 2 Conclusion of the contract

2.1 The illustrations of products in the online shop serve for the submission of a purchase offer. By clicking on the button [Send order], you submit a binding purchase offer.

2.2 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods. Receipt of the order shall be confirmed by an automated e-mail immediately after the order is sent, and this shall not constitute an acceptance of the contract.

2.3 If our order confirmation contains scribal errors or typographical errors or if our pricing is based on technical transmission errors, we shall be entitled to appeal, whereby we must prove our error to you. Payments that have already taken place shall be refunded to you immediately.

§ 3 Prices

The prices specified on the product pages shall include the statutory VAT and other price components and shall not include postage.

§ 4 Shipping costs

4.1 For delivery within Germany, we shall charge the shipping costs quoted on the website. These amount to

a) for shipping within Germany

• up to a merchandise value of 49,99€ - 5,00€ shipping costs
• from a merchandise value of 50,00€ no shipping costs (additional services, such as Express, excepted)
• no shipping costs for registered customers with an order value of 30€

b) for shipping to Austria

regardless of the merchandise value EUR 9,80

c) for shipping to Belgium, Luxembourg, the Netherlands, Denmark, France, Great Britain, Sweden, Greece, Ireland, Italy, Portugal, Spain, Bulgaria, Estonia, Finland, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Czech Republic, Hungary and Cyprus

regardless of the merchandise value EUR 12,90

d) for shipment to Norway, Switzerland, Liechtenstein, Andorra, Vatican City

regardless of the value of goods EUR 15,00

When shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred in connection with your order,which are not paid or invoiced by us, but have to be paid by you directly to the responsible customs or tax authorities. For details, please contact the respective competent authorities.

§ 5 Terms of delivery and reservation of supply to ourselves

5.1 The delivery shall take place

a) via DHL for shipping within Germany

b) via DHL for shipping to Austria

c) via DHL for shipping to Belgium, Luxembourg, the Netherlands, Denmark, France, Great Britain, Sweden, Greece, Ireland, Italy, Portugal, Spain, Bulgaria, Estonia, Finland, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Czech Republic, Hungary and Cyprus

5.2 The delivery period, unless otherwise specified in the offer, shall amount to

a) 1 - 5 days for shipping within Germany

b) 1 - 5 days for shipping to Austria

c) 3 - 7 days for shipping to Belgium, Luxembourg, the Netherlands, Denmark, France, Great Britain, Sweden, Greece, Ireland, Italy, Portugal, Spain, Bulgaria, Estonia, Finland, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Czech Republic, Hungary and Cyprus

5.3 If not all the ordered products are in stock, we shall be entitled to provide part deliveries at our expense, insofar as this is reasonable for you.

5.4 If the delivery of the goods fails through your fault, in spite of three delivery attempts, we may withdraw from the contract. Any listed payments shall be refunded to you immediately.

5.5 If the ordered product is not available because we are not supplied with this product by our suppliers by no fault of our own, we may withdraw from the contract. We shall inform you immediately in this case, and suggest the delivery of a comparable product to you, if applicable. If no comparable product is available, or you do not desire the delivery of a comparable product, we shall refund any payments that you have already made to you immediately.

§ 6 Payment terms

6.1 Payment may be made by credit card, PayPal, instant bank transfer or cash in advance.

6.2 In the event of payment by credit card, PayPal or instant transfer, your account shall be debited when the payment transaction is executed.

6.3 If you are in default of payment, interest must be paid on the purchase price during the delay at 5% above the basic interest rate. We reserve the right to prove and assert greater damage caused by the delay.

6.4 You shall only have a right to offset claims if your counter-claims have been judicially established as legally binding or are undisputed or have been acknowledged by us in writing.

6.5 You may only exercise a right of retention insofar as the claims result from the same contractual relationship.

§ 7 Reservation of title

The goods shall remain our property until payment has been received in full. Before the transfer of ownership, no pledging, transfer by way of security, processing or transformation shall be possible without our consent.

§ 8 Widerrufsrecht

8.1 Verbraucher haben ein vierzehntägiges Widerrufsrecht. Verbraucher ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden können.

Ausschluss des Widerrufsrechtes
Das Widerrufsrecht besteht nicht bei Fernabsatzverträgen

- zur Lieferung versiegelter Waren, die aus Gründen des Gesundheitsschutzes oder der Hygiene nicht zur Rückgabe geeignet sind, wenn ihre Versiegelung nach der Lieferung entfernt wurde.

(*) Unzutreffendes streichen

8.2 Bitte vermeiden Sie Beschädigungen und Verunreinigungen. Senden Sie die Ware bitte möglichst in Originalverpackung mit sämtlichem Zubehör und mit allen Verpackungsbestandteilen an uns zurück. Verwenden Sie ggf. eine schützende Umverpackung. Wenn Sie die Originalverpackung nicht mehr besitzen, sorgen Sie bitte mit einer geeigneten Verpackung für einen ausreichenden Schutz vor Transportschäden, um Schadensersatzansprüche wegen Beschädigungen infolge mangelhafter Verpackung zu vermeiden.

8.3 Bitte beachten Sie, dass die in den Paragrafen 8.2 genannten Modalitäten nicht Voraussetzung für die wirksame Ausübung des Widerrufsrechts sind.

§ 9 Transport damages

9.1 If goods are delivered with obvious transport damages, please make a complaint about such defects to the deliverer immediately, and contact us as quickly as possible (Phone: +49 (0) 7961 - 969 86 99 00).

9.2 The failure to make a complaint or to contact us shall have no consequences for your statutory warranty rights. However, you help us to be able to assert our own claims to the carrier and/or the transport insurance company.

§ 10 Warranty

The warranty shall be made according to the statutory provisions.

§ 11 Final provisions

If one provision of these General Terms and Conditions is ineffective, the remainder of the contract shall remain effective. In place of the ineffective provision, the relevant statutory regulations shall apply.

Customer information

General terms and conditions of perticipation & date protection notices for the membership  BRUNO BANANI World

The Free State of Mind bruno banani customer program in the bruno banani online store is operated by bruno banani underwear GmbH, Mauersbergerstrasse 5, 09117 Chemnitz, Germany. 

The following general terms and conditions in their latest version apply for citizenship in the Free State of Mind bruno banani.

1. Program description

The  bruno banani customer program entitles participants to become citizens and thereby enjoy the associated benefits.

2. Registration and participation

In order to participate in the  bruno banani customer program you are required to provide your name, your title, your full mailing address, a valid email address and the birth date of the respective participant (the "basic data"), and the online creation of a customer account.

Any natural person aged 18 or older can participate. Participation is exclusively for private personal use. Use for commercial purposes is excluded. Participation is free of charge.

Communication relating to participation in the Free State of Mind bruno banani customer program will be carried out through email. This includes things such as information about the customer program itself, the availability of bonus vouchers, changes to contact information, or information about updated terms and conditions of participation. Please note that we will send you messages about the customer program even if you have not consented or have withdrawn your consent to receive advertising by email.

bruno banani underwear GmbH reserves the right to reject the participation of individuals for cause. bruno banani underwear GmbH likewise reserves the right to exclude participants from further participation in the customer program in the event of its misuse. The participant affirms that all of the provided information is correct and that bruno banani underwear GmbH will be informed of any changes to the participant's basic data without delay. Otherwise it will not be possible to participate in things such as campaigns and promotions, for example.

3. Benefits of participation in the Free State of Mind bruno banani customer program

Participants of the bruno banani customer program enjoy the following benefits:

• a) Free delivery for customers with an order value of 30€ 

Participants in the Free State of Mind bruno banani customer program do not have to pay any shipping costs if the order value is 30€ or more. The only requirement is that they are logged in as a "citizen" when the order is placed. This condition only applies for deliveries within Germany. 

https://www.brunobanani.com/en/shipping

• b) 10% discount on all unreduced products:

Users who are logged in receive a 10% discount on all of the products in the online store that are marked with a gold star. Products without a gold star are not included in this promotion.

• c) Welcome gift: 

The participant will receive a welcome gift after registering and confirming the free user account in connection with subscribing to the newsletter. The welcome gift will be sent together with the first order placed. The welcome gift is by bruno banani GmbH and is available in various sizes. The customer selects the size. There is no entitlement to a specific welcome gift or payout of the value of the welcome gift. Products may vary. The choice of a welcome gift cannot be combined with other discount promotions/codes. 

Only one welcome gift will be sent per household. If the entire order is canceled, bruno banani reserves the right to request the return of the gift as well. Available while supplies last.  

• d) €5 voucher when subscribing to the newsletter:

The participant will receive a €5 voucher for subscribing to the newsletter. After registration, it is necessary to click the confirmation link sent in by email in order to receive this. The voucher will be sent to the participant in the mail. The minimum order value for redeeming the voucher is €25.00. This discount code cannot be combined with other discount promotions/codes or the choice of a welcome gift.  

The participant has no entitlement to additional services and/or benefits. bruno banani underwear GmbH has the unilateral ability to make changes, amendments, and revocations for just cause.

4. Online customer account

A valid email address is to be provided when the online customer account is initially created; it can then be changed later by the customer in the customer account. The password for the online customer account is to be kept secret and protected from access by others.

5. Termination 

The participant can terminate participation in the bruno banani customer program at any time through a simple declaration. bruno banani underwear GmbH likewise has the right to terminate the participant's participation in the customer program after providing a period of notice of four weeks. If there is termination for cause (e.g. only feigned transactions were carried out or services were canceled in order to obtain benefits under false pretenses), the participation in the customer program can be terminated without notice by bruno banani underwear GmbH. 

bruno banani underwear GmbH reserves the right to discontinue the customer program after providing an appropriate period of notice or, if there is cause, even without notice. 

In addition, bruno banani underwear GmbH reserves the right to change or amend the existing terms and conditions of participation, in particular if and to the extent which this is required in the interest of safe and simple processing and to prevent misuse. Claims already existing at the time of the discontinuation of the customer program or the change of the terms and conditions of participation shall remain unaffected by this. Any changes to the terms and conditions of participation will be emailed to you in text form. In addition, changes to the website will be published on the website at www.brunobanani.com/en/getfree and at www.brunobanani.com/en/terms-and-conditions. The change or amendment to the terms and conditions of participation shall be considered accepted by the participant if the participant does not terminate participation in the customer program in text form, e.g. by email, within four weeks of the notification of the change. If the participant objects to the change, the previous terms and conditions shall continue to apply unchanged for that participant. In such a case, bruno banani underwear GmbH reserves the right to terminate the objecting customer's participation with a period of notice of four weeks. bruno banani underwear GmbH will advise the participant of this again separately in the notification.

6. Liability

The personal data associated with the participation are collected, processed, and used in accordance with the statutory data protection regulations. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of intent or gross negligence as well as in the case of a guaranteed characteristic, bruno banani underwear GmbH shall be liable without limitation for all damages that can be traced back to it. In the case of slight negligence, bruno banani underwear GmbH shall be liable without limitation. If bruno banani underwear GmbH defaults on a service due to slight negligence, if it became impossible to perform the service, or if it violated a material obligation, it shall be liable for all property damage and financial losses in the amount of the foreseeable typically arising loss.

7. Information on data protection

The data controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection provisions is:

bruno banani underwear GmbH
bruno banani online Store
Mauersbergerstrasse 5
09117 Chemnitz

fashion@brunobanani.de

We process your personal data for the proper implementation of the Free State of Mind bruno banani customer program.

The last name, first name, mailing address, email address, gender, and birth date (basic data) as well as any other voluntarily provided contact information (e.g. cell phone number) will be collected, stored, and used by bruno banani underwear GmbH for the processing of the customer account, management of the customer relationship, and implementation of the customer program.

In order to send the informational emails required for the execution of the customer program, we use the email address and potentially the first and last name as well as the address of the participant and may potentially transfer these data with a service provider commissioned by us. There will be no further transfer of your data to third parties beyond this.

The legal basis for this processing of your personal data is Article 6(1)(b) GDPR (taking steps at the request of the data subject and performance of a contract).

We will erase your data: 

when it is no longer required for the purpose of the data processing and there is therefore no more corresponding legal basis for it in the respective data protection notices, e.g. 

-if the contractual or membership relationship between us ends (Article 6(1)(b) GDPR) or

-if we no longer have a legitimate interest in the further processing or storage of your data (Article 6(1)(f) GDPR),

-if you make use of your right to withdraw consent and no other legal basis for the processing in accordance with Article 6(1)(a)-(f) GDPR interferes,

-if you make use of your right to object and there are no compelling legitimate reasons not to erase the data.

However, if we are required to continue to store (certain parts) of your data for other purposes because they are necessary for things such as retention periods for tax purposes (normally 6 years for business correspondence or 10 years for accounting documents) or the assertion of, exercising of, or defense against legal claims from contractual relationships (up to four years) or because the data is being used to protect the rights of another natural or legal person, we will wait until these periods have expired to erase (that part of) your data. However, we will restrict the processing of your data to these purposes (fulfillment of obligations to retain data).

Further information about data protection can be found here: 

https://www.brunobanani.com/en/privacy-policy

Severability clause

Should one of these provisions be wholly or partially invalid, this shall not affect the validity of the other terms and conditions. In such a case, the parties to the contract shall undertake to replace the invalid provision with a valid and executable one in due consideration of the principle of good faith. 

How does the shopping basket system work?

You can earmark products, with no obligation, by clicking on the button [Add to shopping cart]. You can view your basket at any time by clicking on the button [shopping cart] and remove products from the basket, if applicable, by clicking on the button [Delete]. If you want to buy the products in the basket, click on the button [Checkout].

When does my order become binding?

On the order page, you can check your entries again. By clicking on the button [Send order], you complete the ordering process. The process can be cancelled at any time by closing the browser window. On the individual pages, you will receive further information, e.g. on correction options.

Online dispute resolution

The European Commission has provided a platform for settling disputes online. This can be found at https://ec.europa.eu/consumers/odr/

The company bruno banani underwear GmbH is willing to participate in a dispute settlement procedure with a dispute resolution body.

Is the contract text saved?

The contract text is not saved by us. The order data and the General Terms and Conditions are sent to you by e-mail. You can view your past orders in our customer login area.

You can print out and save the General Terms and Conditions here.

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