GENERAL TERMS & CONDITIONS

General terms and conditions of BRAVEHEART International Limited applicable to the sale of goods via the internet platform thefounded.com to consumers. The website is owned and operated by Braveheart International Limited, business registration number 12482598, Soho Works, 2 Television Centre, 101 Wood LN, W12 7FR London, United Kingdom. All names, brands, trademarks and logos used on the website are the property of BRAVEHEART International Limited or of its affiliated partners or companies. All names, brands, trademarks and logos are copyright protected and/or registered trademarks and may only be used with permission from BRAVEHEART International Limited or of the respective holder of such rights.

1. Area of application, definitions

1.1 These terms and conditions apply to all orders in the sense of § 13 BGB [Sec. 13 German Commercial Code] by consumers (hereinafter referred to as “customer”), placed via the internet platform thefounded.com (hereinafter referred to as “THE FOUNDED online shop”) with Braveheart International Limited, business registration number 12482598, Soho Works, 2 Television Centre, 101 Wood LN, W12 7FR London, United Kingdom (hereinafter referred to as “BRAVEHEART”).

1.2 Customers shall be deemed consumers as far as the purpose of the goods and services ordered cannot be attributed to their commercial or independent professional activity.

1.3 Entrepreneurs in the sense of § 14 BGB are subject to other terms and conditions. Entrepreneurs are not entitled to use THE FOUNDED online shop.

Any natural or legal person or incorporated partnership, on the other hand, shall be deemed an entrepreneur in the sense of § 14 BGB [Sec. 14 German Commercial Code] when exercising their commercial or independent professional activity at the time of conclusion of contract.

We point out that site visitors are partly forwarded to the website www.aboutbestseller.com. This website is owned by BESTSELLER A/S, Denmark, and not by the online shop of BRAVEHEART.

2. Conclusion of contract

2.1 The customer orders the goods offered by BRAVEHEART on the internet via the internet platformthefounded.com.

2.2 The customer order is deemed an offer made to BRAVEHEART for the conclusion of a sales contract on the good(s) ordered on part of the customer. The sales contract between BRAVEHEART and the customer shall only be formed upon notification of acceptance on part of BRAVEHEART.

Such notification on part of BRAVEHEART can either be issued by providing an order confirmation or by delivering the ordered good(s). The mere confirmation of receipt of order does not represent a notification of acceptance on part of BRAVEHEART. A final and binding agreement between the customer and BRAVEHEART is only formed upon receipt of BRAVEHEART’s notification of acceptance on part of the customer. BRAVEHEART will issue an order confirmation to the customer via email, once the order has been accepted and dispatched. The order receipt received by customers immediately after placing the order shall not constitute an order confirmation.

Fair use

BRAVEHEART reserves the right to prevent persons from shopping via THE FOUNDED online shop in case of a high number of returns. Moreover deactivation of customer accounts can also be triggered by suspected fraud.

3. Ordering process

Subsequently, you select your preferred shipping method, enter the necessary details and click on “Continue to payment method”. Should you wish to change the shipping method, please click on “Edit” next to the indicated delivery type/ship-to-address.

This step is followed by the payment details. Please provide your invoice details here, click on your preferred payment method and then on “Continue to order summary”. You then have the possibility to check your delivery, payment and order details (items selected). Should you wish to make changes, simply click on “Edit”.

You can check basket contents at any time by clicking the button “To basket” in the top right corner. Here you can also change the number of items or remove goods from the basket by clicking the “delete” button.

You are required to read our general terms and conditions and Privacy Policy and, when paying with Klarna Rechnung, the invoice conditions. If you accept these terms, you can continue the purchase and click on “Order and pay now”. The order process can be interrupted at any time by closing the respective browser window. When selecting payment by credit card, PayPal or Sofortüberweisung direct transfer, the order process involves transfer to an external payment provider where your payment details must be entered.

Once you found the desired product, you can add it to the basket by clicking the button “Add to basket” with no obligation to purchase. Please note: Basket contents are hereby not reserved for you.

The order process is completed once a confirmation page detailing your order number and the order overview is displayed. The order receipt that you receive by email immediately after placing the order, does not constitute an order confirmation.

Should you intend to purchase the product(s) in the basket, please click on the “checkout” button. In the next step, you log in with your personal customer account details, should you already be registered with a customer account (My account). Should you not be registered with a customer account, you can order as a guest at any time, by clicking on “Continue as a guest”.

4. Prices and payment

4.1 The prices specified on the product pages contain the statutory value added tax as well as other price components and are quoted plus shipping costs as indicated.

4.2 The price in THE FOUNDED online shop for the respective good(s) as specified on the day of the order shall apply. Quotations in THE FOUNDED online shop are made subject to possible display errors or mistakes. In case of display errors or mistakes, BRAVEHEART reserves the right to reject orders or to contest them according to the applicable legal regulations on the acceptance of orders in individual cases.

4.3 BRAVEHEART reserves the right to change prices, fees and/or other costs as specified in THE FOUNDED online shop at any time.

4.4 Since our bank account is registered in Denmark, some credit card companies might charge a small international usage fee in extremely rare cases. BRAVEHEART cannot influence such practice. Should an order be rescinded, such fee is not refunded by BRAVEHEART.

4.5. When ordering goods in THE FOUNDED online shop it is possible to use the following payment options:

• Credit and debit card (VISA, Mastercard, AMEX, Maestro) This payment method requires a valid credit or debit card. We reserve the right to check the validity of the card. The amount will be reserved on your card and will be debited after shipment of the goods.

• BRAVEHEART Gift Card You can pay for your order fully or partially with your BRAVEHEART Gift Card. If the balance on your gift card exceeds the order amount, the balance on your gift card will adjusted accordingly.

• Klarna Invoice. This payment service is offered in cooperation with Klarna Bank AB. The payment period is 14 days from shipment of the goods. Klarna Invoice is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms can be found on KLARNA.COM.When choosing this payment method you enter into an agreement with Klarna directly which is subject to Klarna’s TERMS & CONDITIONS FOR KLARNA INVOICE and PRIVACY POLICY . If you cannot accept the Terms & Conditions and Privacy Policy, please choose another payment method.

• SOFORT This payment method is offered in cooperation with Sofort GmbH, which is part of Klarna Group. When choosing this payment method your account will be debited directly after placement of your order. When choosing this payment method you deal directly with Sofort. Please see Sofort’s CLICK HERE for more information. If you cannot accept the Privacy Policy, please choose another payment method.

• PayPal This payment method requires a PayPal account, which you will need to log into in the payment process. If you do not have a PayPal account, you can easily set one up for free on their website.

• You can find more information on our Global Tax Policy  HERE

5. Delivery

5.1 Delivery times amount to 1 to 3 working days, unless otherwise specified on product pages or during the order process.

5.2 All goods remain the property of BRAVEHEART up to their complete payment.

5.3 Should all products not be available, BRAVEHEART is entitled to partially deliver individual items at its own expense, as far as such practice is reasonable for the customer.

5.4 In case delivery of the goods to the customer fail due to circumstances for which the customer is at fault despite three attempts have been made, BRAVEHEART can withdraw from the contract. Any payments made are then immediately refunded to the customer.

6. Return of goods

6.1 Should goods be returned due to cancellation or justified withdrawal from the contract, damage and soiling of the good(s) are to be avoided. In such cases, please return the good(s) to BRAVEHEART including all accessories and all packaging components in the original packaging as far as possible. If necessary, use protective secondary packaging. Should you no longer be in possession of the original packaging, please use suitable packaging providing sufficient protection from transport damages, to avoid claims for damage compensation due to defective packaging.

6.2 In case of return due to cancellation or justified withdrawal from the contract, BRAVEHEART bears the return costs.

7. Right of withdrawal and cancellation policy

Right of withdrawal

In order to exercise your right of withdrawal, you must communicate to:

BRAVEHEART International Limited The Founded Customer Service Soho Works, 2 Television Centre, 101 Wood Lane, London, W12 7FR UK Email: customerservice@thefounded.com Phone: +49 0800-7239667

by means of an unambiguous statement (e.g. mailed letter, an email or a fax) your intent to withdraw from this contract. For this purpose, you can use the MODEL WITHDRAWAL FORM, which, however, is not mandatory. You can complete and electronically submit the Model Withdrawal Form via our web page or you can provide another unambiguous statement using the contact form on our web page, whereby this option is not obligatory.

Should you resort to this possibility, we will immediately provide (e.g. by email) a statement confirming the receipt of such withdrawal. In your request to withdraw from the contract, please state your name, address, telephone number, email address, order number and specify the goods you intend to return. Should you return goods to us without a statement that you exercise your right of withdrawal, we will regard the return of goods as a withdrawal from the contract. Submitting the statement on exercising the right of withdrawal prior to the expiration of the withdrawal period will be deemed sufficient to comply with the withdrawal period.

Please be advised, that the address to which the unambiguous statement to withdraw from the contract must be sent, differs from the address for return of the products. The address for returning the products is listed below under “Consequences of withdrawal”.

BRAVEHEART grants customers an extended right exceeding legal regulations to withdraw from this contract within 30 days without providing any reasons. The period of withdrawal is 30 days from the day you or a designated third party that is not the carrier and was assigned by you, took possession of the good(s).

Consequences of withdrawal

Should you withdraw from this contract, we are under obligation to immediately reimburse you all payments we received from you, including delivery costs (with exception of additional costs resulting from the fact that you have chosen a different means of delivery than the less expensive type of standard delivery offered by us) and at the latest within 14 days after the date when we received your request to withdraw from this contract. This reimbursement will be credited to your original method of payment unless you have explicitly accepted otherwise; in no case do we charge fees for this repayment.

We may withhold repayment until we have received the goods or until you have submitted documentation that the goods have been returned, depending on whichever option is the earlier. You are under obligation to immediately return or hand over the goods, in any case within 14 days at the latest from the day you informed us about the withdrawal from this contract to:

KS-Europe s.r.o. Chebská 23 322 00 Plzeň Czech Republic

You can find more information on how to return goods HERE

Return is deemed in due time, if you ship the goods prior to expiry of the 14-days period. The return is free of charge when using the Hermes return label. You are only liable for any impairment of the value of the goods caused by other handling than what is necessary to determine the nature, quality, and function of the goods.

Please note that in case of partial return you will not receive a refund of the delivery costs.

Exclusion of the right of withdrawal

• for the delivery of goods that are not prefabricated and where an individual selection or consumer input is relevant for their production or that are clearly tailored to the personal needs of the consumer,

• for the delivery of goods that due to their condition were inseparably mixed with other goods after delivery.

The right of withdrawal does not apply to contracts:

• for the delivery of sealed goods, not suitable for a return due to health protection or hygiene reasons, if its sealing was removed after delivery,

8. Warranty

BRAVEHEART is liable for material defects and incorrect deliveries in line with applicable statutory regulations. Please note:

9. Liability

9.1 Customer claims with regard to the payment of damages are excluded. Customer claims for damages from injury to life, body, health or from violation of major contractual obligations (cardinal obligations) as well as the liability for any other damage that might be based on an intentional or grossly negligent violation of obligations on part of BRAVEHEART, its legal representatives or vicarious agents are excluded. Major contract obligations are such whose performance is necessary for attaining the purpose of the contract.

9.2 When violating major contract obligations BRAVEHEART’s liability shall be limited solely to the predictable damage typical of the contract if negligently caused, unless customer claims for damages from an injury to life, body or health are concerned.

9.3 The restrictions of clauses 1 and 2 are also applicable in favour of the legal representatives and vicarious agents of BRAVEHEART, should claims directly be asserted against them.

9.4 The provisions of the product liability act remain unaffected.

10. Applicable law

In case of controversies and disputes with regard to orders placed by consumers with delivery in the Federal Republic of Germany, the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) is exclusively applicable.

11. Procedure in the event of customer complaints

A complaint concerning an online purchase can be submitted via the European Online Dispute Resolution platform.

12. Contractual text

Please read about how we process personal data in our PRIVACY POLICY

The contractual text is stored on our internal systems. The general terms and conditions are available on this page at any time. Order details and the general terms and conditions are sent to you by email. After conclusion of the order, your order details are not directly accessible to you for safety reasons. We offer password-protected access (“My account”) to every customer, where upon registration you can check details on completed, open and recently dispatched orders and can manage and store your address details and email address.

13. Log-in memory function (remain logged-in) with My account / Login

If you select this option, your email address and password are saved on your computer using cookies for login purposes. Everyone with access to this computer can log into your account using your email address. When using public and shared computers we advise against this option. The option can also be deactivated later. The help menu of most browsers outlines how to change these settings (Delete Cookies or Save/Delete form content).

14. Customer account deletion

Should you wish to have your customer account deleted, please contact our customer service.

15. Gift cards

Please note: When purchasing a gift card in THE FOUNDED online shop, you agree to the general terms and conditions for gift cards.

Voucher codes or any other kinds of discount cannot be applied to a gift card purchase.

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