Terms of service
OVERVIEW
BrookPad LLC operates the website brookpad. Throughout the website, the terms "we," "us," and "our" refer to BrookPad. By using our website and/or purchasing something from us, you agree to the following terms and conditions ("Terms of Service," "Terms"), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Shopify Inc. hosts our store, and they provide us with the online e-commerce platform that allows us to sell our products and services to you.
WARRANTY AND USE CONDITIONS
BrookPad LLC (hereafter referred to as the "Guarantor") offers a free-of-charge malfunction removal service for our devices. To take advantage of this service, customers must deliver the device to our Authorized Service Center along with the original proof of purchase. To ensure a smooth and efficient service, customers are required to provide information detailing the issue prior to sending the device. This information can be included with the parcel or sent by email to our service team. If a product is shipped back to us, we kindly request that customers provide a signed proof of delivery to confirm the returned parcel's identity.
We offer a 12-month default warranty for all new products purchased through our site. This warranty is provided by the manufacturer and is valid for 12 months from the date of purchase. For those who require additional protection, we offer an extended warranty option that can extend the warranty period up to 5 years.
In the case of a warranty claim, our team is authorized to provide manufacturer warranty services for new BrookPad products purchased from third-party sites. Repairs will be performed as soon as possible, with a maximum turnaround time of twenty-eight working days. If any of the main mechanisms need to be replaced, the repair time may be extended while we wait for the parts to be delivered from the manufacturer. The warranty period will be extended by the amount of time the device is at the Authorized Service Center.
The warranty may not apply if:
- The proof of purchase and serial number of the device are inconsistent with each other, or if it is impossible to read the data contained in them.
- Breach of seals or unauthorized service is found to have interfered with the device.
- The defect arises as a result of the following conditions not being met:
- Failure to comply with the conditions of use or activities included in normal operating service.
- Lack of protection against limescale in the water.
- Failure to use additional filters when the water is hard and contains limescale.
- Slow settling of limescale and sediment that can impair the performance of the device.
- Failures in the municipal network that can cause sludge and sand to damage the device after switching on again.
- Use of the device for a purpose other than its intended use.
- Use of the device with a weight greater than 120 kg.
- Causes of external nature, such as mechanical damage, cracks, abrasion of the device coating, thermal damage, chemical contamination, liquid flooding, strong shocks, radiation, use of improper consumables, and/or power sources.
- Device malfunction or a defect in another device component.
In the event that a warranty claim is not applicable due to warranty expiration or any other reasons specified in the warranty terms, we offer After Warranty Service to our customers. However, in such cases, the customer is responsible for delivering the device to one of our Authorized Service Centers.
Please note that we cannot be held responsible for any losses resulting from the improper operation of the device or data loss. It is important to note that the warranty for our consumer goods does not limit, exclude or suspend the buyer's legal rights resulting from the non-compliance of the goods with the contract.
Please be advised that the warranty does not cover the cost of delivering the device to an Authorized Service Center. Additionally, consumables such as batteries, seals, filters, and light sources are not covered by the warranty.
AFTER WARRANTY REPAIR SERVICE
BrookPad (hereafter referred to as the "Guarantor") offers a repair service for any device malfunctions for a service fee, if repair is possible. The device must be delivered to one of our Authorized Service Centers for evaluation and repair.
We are also authorized to provide after-warranty repair services for BrookPad products purchased directly or from third-party sites. The cost of repair will depend on the sum of replacement parts, labor, and any additional services used, such as pick-up service from the customer's provided address. However, the cost of repair, excluding any additional services used, will not exceed the current retail recommended price of the device, if repair is possible.
Our repair service aims to complete the repair as soon as possible, with a maximum turnaround time of twenty-eight working days. However, if any of the main mechanisms need to be replaced, the repair time may be extended while we wait for the parts to be delivered from the manufacturer. Please note that the repair service does not cover the cost of delivering the device to an Authorized Service Center.
SECTION 1 - ONLINE STORE TERMS
If you agree to these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you have obtained the consent of your minor dependents to use this site. It is prohibited to use our products for any illegal or unauthorized purpose, and you agree not to violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service. You must not transmit any worms, viruses, or any code of a destructive nature. Any violation or breach of these Terms may result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to decline service to anyone for any reason, at any time. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks or (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided without our express written permission. The headings used in this agreement are for convenience only and do not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot guarantee the accuracy, completeness, or timeliness of information made available on this site. The material on this site is provided for general information purposes only and should not be used as the sole basis for decision-making without consulting primary, more accurate, complete, or timely sources of information. Your reliance on the material on this site is at your own risk. The site may contain certain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through our website. These items may have limited quantities and can only be returned or exchanged in accordance with our Return Policy (Refund Policy). We have made every effort to accurately display the colors and images of our products on our website, however, we cannot guarantee that your computer monitor will accurately display the colors. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All product descriptions and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on our site is void where prohibited. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the service will be corrected.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to reject any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make any changes to an order or cancel it, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of purchase. We may restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. For payment marked as high-risk transactions by the payment provider, we reserve the right to request additional verification information or direct payment to our bank account. Additional information may include a color photo of a government-issued ID with matching billing name, a selfie with a visible provided ID, and a utility bill issued within the last 3 months with a matching shipping address. You agree to provide accurate, complete, and current purchase and account information for all orders placed on our website. You agree to update your account and other information, including your email address and credit card information, as necessary to complete your transactions and allow us to contact you as needed.
SECTION 6 - PRICES AND MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice. If you choose to make payment for services or products using means other than standard SEPA Bank Transfer (which has no payment processing fee), a 10% payment processing service fee will be added to the order price upon successful receipt of payment, and this fee is non-refundable. For pre-order or partner products (non-BrookPad brand), a 40% product sourcing services fee will be added to the price upon successful payment, and this fee is non-refundable. If the returned item is significantly different from its original condition when shipped to the buyer, a restocking fee of up to 50% (depending on the condition of the item) may apply. The prices stated do not include any export duty or other costs that may arise when purchasing outside of the European Union, and customers outside of the European Union are responsible for covering these costs if they arise.
We reserve the right to modify or discontinue the service (or any part or content thereof) without prior notice at any time. We will not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to optional third-party tools, but we do not monitor, control or have any input over them. You acknowledge and agree that these tools are provided "as is" and "as available," without any warranties, representations or conditions of any kind, and without our endorsement. We are not liable for any damages arising from or related to your use of these tools, and any use is entirely at your own risk and discretion. You should familiarize yourself with the terms and conditions of the relevant third-party provider(s) before using any optional tools offered through the site. Any new services or features we may offer in the future, including new tools and resources, will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may contain content, products and services from third-parties, and third-party links on our site may direct you to websites that are not affiliated with us. We do not examine or evaluate the accuracy or content of any third-party materials or websites, and we do not warrant or have any liability or responsibility for them, or for any other materials, products or services of third-parties. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, please carefully review the third-party's policies and practices to ensure you understand them. If you have any complaints, claims, concerns, or questions regarding third-party products, please direct them to the third-party..
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit comments, creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as 'comments') to us, either at our request or without one, you agree that we may use, edit, copy, publish, distribute, translate and otherwise employ them in any medium and without any restrictions. We are not obligated to maintain any comments confidential, pay compensation for any comments, or respond to any comments. We may choose to monitor, edit, or remove any content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. By submitting comments, you agree that they will not violate any third-party's right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You also agree that your comments will not contain abusive, obscene, or otherwise unlawful material, or any computer virus or malware that could affect the Service's operation or any related website. You may not use a false email address, impersonate someone else, or mislead us or third-parties as to the comments' origin. You are solely responsible for the accuracy of any comments you make. We assume no liability and take no responsibility for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through our store is subject to our Privacy Policy. To view our Privacy Policy, please visit the relevant section on our website.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be mistakes, inaccuracies, or omissions in the information displayed on our site or in the Service, including product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders, if any information on the Service or on any related website is incorrect, at any time without prior notice (even after you have placed your order). We have no obligation to update or clarify information on the Service or on any related website, including pricing information, unless required by law. The fact that a specified update or refresh date has been indicated on the Service or on any related website should not be construed as indicating that all of the information in the Service or on any related website has been updated or modified. If you receive a package with an item missing, please inform us immediately. You must notify us of any errors, inaccuracies, or omissions no later than the time specified in our Refund policy.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you may not use the site or its content: (a) for any illegal purpose; (b) to urge or invite others to commit or take part in any illegal acts; (c) to breach any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that your use of our service will be uninterrupted, timely, secure or error-free, and we do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may remove the service for indefinite periods or cancel the service at any time without notice. You expressly agree that your use of the service is at your sole risk. The service, as well as any products or services delivered through it, are provided "as is" and "as available" without any warranties or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us. In no event shall BrookPad, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so in those jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BrookPad, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, it will still be enforceable to the fullest extent allowed by law, and the unenforceable portion will be considered severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The parties’ obligations and liabilities incurred before the termination date will remain in effect after the termination of this agreement. These Terms of Service will remain in effect until terminated by either party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site. We may also terminate this agreement at any time, without notice, if we suspect that you have failed to comply with any term or provision of these Terms of Service. If we terminate this agreement, you will remain responsible for all amounts due up to the termination date, and we may deny you access to our Services or any part thereof.
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements in which we provide you Services will be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page at any time. We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions or concerns regarding the Terms of Service, please feel free to contact us via email at any time.
ANNEXES