TERMS AND CONDITIONS
1. Seller information
- Editor/Owner of the site: Brignole
- Address: Via Monte Carmen, 6900 Lugano, Switzerland
- E-commerce: B Store | Aelle | Tag Tales | Yoake | CityRail
- Contact email: store@brignole.ch
This data identifies the operator of the online store in accordance with e-commerce transparency practices in Switzerland and the EU.
2. Scope of application.
- These General Terms and Conditions govern all sales contracts concluded through the B Store | Aelle | Tag Tales | Yoake | CityRail website between Brignole and customers in Switzerland and in European Union countries served by the store.
- By placing an order on the site, the customer fully accepts these General Terms and Conditions in the version in effect at the time of the order.
3. Registration, account, and site use
- The customer can place orders as a guest or by creating an account; in either case he/she is responsible for the accuracy and updating of the data entered (address, contact information, etc.).
- Customers are responsible for the confidentiality of their credentials and agree to promptly notify Brignole in the event of unauthorized use of their account.
4. Offering, print-on-demand products and availability
- Product descriptions, images, and prices on the site constitute a non-binding invitation to place an order and do not represent a legally binding offer.
- The products are manufactured in the mode print on demand through third-party suppliers; each item is produced on demand after the order is received, so there may be slight differences in color rendering or print placement from the illustrative images.
- Exceptions are limited edition prints signed in original by the author that are part of numbered, limited collections shipped by the authors or third-party companies.
5. Prices, currencies and taxes
- All prices are in euros (EUR) and are VAT included; the rate applied depends on the country of destination of the order (e.g. 8.1% for Switzerland, 22% for Italy), in accordance with the applicable tax regulations.
- Any extra shipping costs, customs duties, import taxes, or other ancillary charges are indicated separately during the purchase process and are the responsibility of the customer, unless promotional offers (such as free shipping above a certain threshold) are offered.
6. Conclusion of the contract
- By submitting an order via the online shopping cart, the customer submits a binding offer to purchase the selected products.
- The contract is considered concluded when the customer receives an order confirmation e-mail from Brignole at the address provided; the confirmation shows the products purchased, the prices applied, VAT, shipping costs and any discounts.
7. Payment
- Payment methods indicated in checkout are accepted, including in particular card payments through Stripe and installment payments with Klarna in countries where the service is available.
- Brignole reserves the right to reject a payment method, require prepayment, or cancel the order if fraud or non-payment is suspected.
8. Shipping, delivery and promotions
- Shipping is made to the address specified by the customer; the site indicates whether delivery is limited to Switzerland and the European Union and estimated delivery times by destination.
- For orders with product amounts over 75 euros, there is a free shipping; for orders with a cart total of more than 100 euros, a 10% discount on the total and shipping remains free, as shown in the shopping cart and order summary.
9. Risk transfer
- The risk of loss or damage to the goods passes to the customer upon delivery to the customer or the customer's designee.
- The customer is required to check the goods immediately upon delivery and report any transportation damage to the carrier and Brignole without delay via e-mail, attaching photographic documentation.
10. Returns, incorrect or damaged products (Print on Demand with Printful)
- All products in the store are made in the mode print on demand through third-party suppliers; each item is specially produced after the order is received and is not kept in stock.
- For this reason, returns or exchanges are not accepted due to second thoughts, size error chosen by the customer, personal preference or other reasons not related to actual product defects.
10.1 When a complaint is possible
- The customer may only file a claim if the product received is incorrect, defective, or damaged (e.g., misprinting, manufacturing defects, damage during shipment).
- Return requests for simple second thoughts or incorrect size selected by the customer are not covered (and therefore do not automatically entitle to replacement or refund).
10.2 Customer's rights in case of wrong or damaged product
- If the product is incorrect, defective or damaged, the customer is entitled to a free replacement: a new product is sent at no additional cost to the customer.
- The customer has 30 days from the date of receipt of the goods to report the problem via e-mail to the address store@brignole.ch; beyond that time, replacement is not guaranteed.
11. Legal warranty and defects
- In the event of a defective product, the rules of the Swiss Code of Obligations and, where applicable, the mandatory consumer protection rules of the customer's country of residence shall apply.
- Brignole may, at its discretion, replace the product, resend it, or recognize a price reduction; further rights are excluded to the extent permitted by law.
12. Liability
- Brignole shall be fully liable for damages caused by willful misconduct or gross negligence, as well as for injury to life, limb, or health, in accordance with applicable legal provisions.
- In cases of slight negligence, Brignole's liability is limited to the damage typically foreseeable at the time the contract was concluded; indirect, consequential, or lost profits are excluded from liability to the extent permitted by law.
- Any minor differences in color, placement, or print quality, typical of print-on-demand production, do not constitute a product defect if they do not significantly impair the intended use.
13. Intellectual property
- Content, graphics, logos, text, images, designs and videos on the site are protected by copyright and other intellectual property rights; any unauthorized use (reproduction, distribution, modification) is prohibited.
- The purchase of the products does not imply any transfer of rights to the designs or graphic works, which remain with Brignole and/or the artists and designers involved.
14. Data Protection.
- Customer personal data are processed in accordance with the Federal Data Protection Act (DPA) and, where applicable, the GDPR for customers in the EU; details are provided in the Privacy Policy at.kmu.admin+1
- By using the site and completing an order, the customer agrees to the processing of their data as described in the Privacy Policy, including the possible transmission to technical service providers (e-commerce platform, payment systems, logistics).
15. Account, security and misuse
- The customer agrees not to use the site and payment systems unlawfully, fraudulently, or in violation of these Terms and Conditions.
- Brignole may suspend or cancel accounts and orders in cases of misuse, non-payment, fraud, or attempts to manipulate promotions, prices, or security systems.
16. Platform and service providers (ECWID, Stripe, Klarna)
- The online store is managed through the ECWID e-commerce platform, which provides the technical infrastructure for shopping cart, checkout, and order management.
- Card payments are processed through Stripe; installment payments and other options offered by Klarna are available only in the countries specifically mentioned, namely Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Portugal and Spain.
17. Links to third-party sites
- The site may contain links to external sites (e.g., payment providers, social media, partners); Brignole has no control over such sites and is not responsible for their content or practices.
- Access to third-party sites is the responsibility of the client, who is required to consult the relevant terms and conditions and privacy policies.
18. Amendments to the General Conditions
- Brignole may change these General Terms and Conditions at any time; the updated version is posted on the site and applies to all new orders after publication.
- In case of substantial changes, registered customers can be notified by e-mail or by notice on the website.
19. Applicable law and place of jurisdiction
- These General Terms and Conditions and all contractual relationships between Brignole and customers are subject to Swiss substantive law, to the exclusion of conflict of laws rules and the Vienna Convention (CISG), subject to the mandatory rights of consumers in their respective countries of residence.
- The exclusive forum for all disputes, to the extent permitted by law, is Lugano, Switzerland.
20. Final clauses
- The invalidity or ineffectiveness of any provision of these General Conditions shall not affect the validity of the remaining provisions; the invalid clause shall be replaced by a valid provision that comes as close as possible to the original economic purpose.
- Brignole's failure to exercise, even repeatedly, a right does not constitute a final waiver of the right in the future.
