§ 1 General Provisions
(1) These terms and conditions apply to all contracts, deliveries, and other services of ALP BRANDS – FZCO, Digital Park Silicon Oasis, Building A1, Dubai, United Arab Emirates (hereinafter referred to as the "Seller"), in relation to the online shop broshield.de and all subdomains belonging to this domain. Diverging customer provisions shall not apply unless explicitly confirmed in writing by the Seller. Individual agreements between the Seller and the customer shall always take precedence.
(2) The business relationship between the Seller and the customer is governed by the law of Dubai, United Arab Emirates. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) The contractual language is English.
(4) The place of jurisdiction is Dubai, United Arab Emirates, if the customer is a merchant or a legal entity under public law or public special fund. The same applies if the customer has no general place of jurisdiction in Dubai or if their place of residence or habitual residence is unknown at the time the action is brought.
(5) We deliver to the following countries: EU.
(6) Customers may use alternative dispute resolution. The EU Commission's platform for online dispute resolution (OS platform) provides information and serves as a central point for extrajudicial settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
(7) The legally binding version of this website is the one written in German. In the event of discrepancies between the German and English versions, the German version shall prevail.
§ 2 Subject of the Contract and Conclusion
(1) The Seller offers new goods for purchase in the online shop broshield.de.
(2) A purchase contract is concluded when the Seller accepts the customer's order. The product listings in the online shop do not constitute legally binding offers. Receipt and acceptance of the order will be confirmed to the customer by email.
(3) The contract text cannot be viewed after the order has been placed. Customers are therefore requested to save the contract text.
§ 3 Prices, Shipping, VAT and Payment
(1) The prices listed in the online shop apply to orders placed there. All prices include statutory VAT.
(2) Prices do not include shipping and packaging costs, which will be disclosed to the customer before placing the order.
(3) Deliveries are made at the customer's request using the following payment methods: PayPal, Amazon Pay, Apple Pay, Google Pay, credit card, Sofortüberweisung.
(4) If a customer defaults on payment obligations, the Seller may claim damages according to legal regulations and/or withdraw from the contract.
(5) The Seller will always issue an invoice to the customer, which will be delivered with the goods or sent in text form.
(6) For deliveries to Switzerland, the customer is responsible for import duties such as customs fees and VAT. If the customer refuses to accept delivery or fails to pay these fees, the goods will be returned. In such cases, we reserve the right to deduct incurred return shipping, storage, and processing fees from the refund.
§ 4 Delivery and Transfer of Risk
(1) Unless otherwise agreed, the goods will be delivered to the address provided by the customer. Delivery is made from the Seller’s warehouse.
(2) Product availability is stated in the item descriptions. Goods in stock will be dispatched within 2 business days after payment instruction (in case of prepayment, within 2 business days after receipt of payment), unless otherwise agreed. For items marked as out of stock, the Seller will strive to deliver as soon as possible. Delivery dates stated by the Seller are non-binding unless explicitly guaranteed.
(3) The risk of accidental loss and deterioration passes to the customer upon delivery. If the customer is an entrepreneur, the risk passes upon delivery of the goods to the carrier or shipping company.
§ 5 Liability for Defects & Limitations of Liability
Disclaimer on the integrated condom compartment: The integrated condom compartment is designed to protect condoms from pressure and friction, thus preserving their usability. However, we cannot guarantee that condoms stored inside will be 100% safe in all circumstances. Users are responsible for proper storage and usage of condoms according to manufacturer instructions. Our liability is limited to the wallet's functionality and quality – not to the condition or effectiveness of the condoms stored within.
Circumstances beyond our control: We are not liable for damage caused by improper handling, storage, or use by the customer.
No warranties: Unless expressly agreed otherwise, we do not provide explicit or implied warranties for product suitability or freedom from defects. Our products are sold "as is" and "as available."
Our liability is limited to the quality of the product itself. We are not liable for consequential or indirect damages, including lost profits, unless due to gross negligence or willful misconduct.
(1) Customers are entitled to statutory warranty rights for defects, subject to the following provisions.
(2) Damages due to improper handling, installation, or storage do not constitute grounds for claims.
(3) Warranty claims must be made within 2 years for new goods and 1 year for used goods. These limits do not apply to fraudulently concealed defects or guarantees. They also do not apply to bodily injury, or damage caused by intent or gross negligence.
(4) In case of a defect, the Seller may choose to provide a replacement or repair. If this fails, the customer may reduce the price or withdraw from the contract.
§ 6 Transport Damage Notification
If goods are delivered with obvious damage to packaging or content, the customer should report it immediately to the delivery service and notify the Seller so that we may assert claims with the carrier.
§ 7 Exclusion of Liability
(1) The Seller is liable without limitation for damages caused by intent or gross negligence. For breaches of essential obligations through slight negligence, liability is limited to foreseeable damage typical of the contract. For other obligations, the Seller accepts no liability for slight negligence.
(2) The above limitations do not apply to damages arising from injury to life, body, or health, or in the case of fraud, guarantee, or liability under product liability laws.
(3) The same limitations apply to the personal liability of employees, representatives, and agents.
§ 8 Conditions for Participation in Sweepstakes
(1) Natural persons aged 18+ residing in Germany, Austria, or Switzerland may participate. Employees of the organizer or associated partners are excluded. Participation is free of charge.
(2) Winners will be contacted via the email provided or through the relevant social media channel. If unreachable or unresponsive, a new winner may be selected.
(3) The prize may differ in appearance from what was advertised. A cash payout or transfer of the prize is excluded. Shipping only within DE/AT/CH.
(4) The organizer may cancel the sweepstake at any time. No claims may be made as a result.
(5) If submissions (e.g. photos) are required, participants confirm they own the rights and have consent from any individuals shown. The organizer may use, edit, and publish the content for marketing purposes without compensation or credit.
(6) Availability of the sweepstake is not guaranteed. Technical problems or platform-related issues (e.g. via Facebook or Instagram) may result in cancellation.
(7) The organizer is not liable for technical errors or damages unless caused by gross negligence or intent. In case of travel prizes, liability is limited to triple the value unless bodily harm is involved.
(8) The organizer uses personal data only as permitted by law or with consent. See privacy policy.
(9) If the sweepstake is run via a third-party platform, its terms also apply. The sweepstake is not affiliated with or sponsored by the platform.
(10) The organizer may exclude participants who manipulate the sweepstake or violate the rules.
(11) The law of the United Arab Emirates applies. Legal recourse is excluded.
