Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Tobias Spitzkopf) via the website www.brickhunter.shop. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.

(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods .

(2) By posting the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Proceed to Order"
  (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.


Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
 
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out automatically by e-mail in part. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Custom-designed goods

(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
 

(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third-party claims asserted in this context. This also applies to the costs of the necessary legal representation in this context.
 

(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.

§ 4 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
  • Direct debit ("Pay Now")
  • Instant bank transfer ("Pay Now")
The use of the invoice and/or installment purchase and/or direct debit payment methods requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit assessment within the scope of initiating the purchase and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information on Klarna and Klarna's terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information on Klarna and Klarna's terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 
(2) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.


(3) Payment via "Mollie"
If a payment method offered via "Mollie" is selected, payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "Mollie" may use other payment services; if special payment conditions apply, you will be informed of these separately. Further information on "Mollie" can be found at https://www.mollie.com/de.
 
(4) Payment via "Stripe"
If you choose a payment method offered via "Stripe", payment processing will be handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labelled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be separately informed about them. Further information on "Stripe" can be found at https://stripe.com/de.


(5) Payment via "Shopify Payments"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments will be displayed to you under a correspondingly labelled button on our website and during the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be separately informed about them. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.


§ 5 Provision of services for vouchers (voucher conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address are given in our contact details in the imprint.

(2) Purchased vouchers entitle you to redeem the credit embodied in the voucher within the validity period. Vouchers can only be redeemed in our online shop at www.brickhunter.shop or, if specified, in our local shop. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.

(3) The validity period of the voucher is 3 years from the date of purchase until the end of the calendar year, unless a different validity period is specified in the respective offer.

(4) A prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed on our website during the electronic ordering process by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit will remain on the voucher and can be used for further orders.

(5) Only one voucher can be redeemed per order.

(6) After the expiration of the withdrawal period or the right of withdrawal for consumers, no refund or exchange will be made. Payouts/partial payouts of voucher amounts are not possible. No interest will be paid on the voucher credit. If the statutory right of withdrawal for goods or services paid for with the voucher is exercised, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) The voucher may be passed on or transferred.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or collateral assignment of the goods subject to retention of title is not permitted before the transfer of ownership.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.


§ 7 Warranty

(1) Statutory liability for defects applies.

(2) Insofar as you are informed by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from the date of delivery of the goods. The above restriction does not apply:

- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
 
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)  Only our own statements and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the relocation does not correspond to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:


- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with claims for defects.

§ 8 Choice of law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.





II. Customer Information

1. Identity of the seller

Tobias Spitzkopf
Raiffeisenplatz 3
92660 Neustadt
Germany
Phone: 096029199964
Email: info@brickhunter.shop



We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of enquiries outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

4.2. We have submitted to the quality criteria of Trusted Shops GmbH, viewable at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and payment methods

6.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. No shipping costs apply.

6.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. 

6.4. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.