Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Dispatch Conditions
- Retention of Title
- Warranty (Guarantee) for Defects
- Liability
- Special Conditions for the Processing of Goods According to Customer Specifications (3)
- Applicable Law
- Code of Conduct
- Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Jörg Klatt, trading under "minifigure-showcase.com" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or business entity (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller on the website minifigure-showcase.com. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. 1.3 A business entity within the meaning of these GTC is a natural or legal person or a legal partnership with legal capacity that acts in the course of their commercial or self-employed professional activity when concluding a legal transaction.
- Conclusion of Contract 2.1 The product descriptions displayed on minifigure-showcase.com by the Seller do not constitute binding offers by the Seller but are intended to make a binding offer by the Customer. 2.2 The Customer can submit the offer via the integrated shopping cart system on minifigure-showcase.com. When ordering via the shopping cart system, the Customer makes a legally binding contract offer with respect to the items in the shopping cart by clicking the "Buy Now" (or similar) button in the final step of the ordering process. The Customer must follow these technical steps: The Customer first places the items in the virtual shopping cart by clicking the "Add to Cart" button and then clicks on the "Proceed to Checkout" button. In the next step, the Customer must provide their address and other contact details and, to complete the order, click on the "Buy Now" (or similar) button. 2.3 After sending their order, the Customer will receive a confirmation email from minifigure-showcase.com stating that the Seller has received the offer. The Seller can accept the Customer's offer within five days:
- by sending the Customer a written order confirmation or a confirmation in text form (email), with the receipt of the order confirmation at the Customer being decisive, or
- by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
- by requesting payment from the Customer after the Customer has placed their order, or
- if payment by direct debit is offered and the Customer chooses this payment method, by debiting the total price from the Customer's bank account, with the time of debiting being decisive. If multiple of the above alternatives are available, the contract is concluded when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent. 2.4 The text of the contract is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email or letter) after the Customer's order. The Seller does not provide access to the contract text beyond this. 2.5 When ordering via the shopping cart system of minifigure-showcase.com, the Customer can recognize possible input errors before submitting a binding order by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be to enlarge the browser's display, which increases the on-screen representation. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions before submitting the binding order. Furthermore, all entries are displayed again in a confirmation window before submitting the binding order and can also be corrected there using the usual keyboard and mouse functions. 2.6 English language is available for the conclusion of the contract. 2.7 Order processing and communication take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that the emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.
- Right of Withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the cancellation policy.
- Prices and Payment Conditions 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply will be separately stated in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that the Seller is not responsible for and that are to be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of funds even if the delivery does not occur to a country outside the European Union, and the Customer makes the payment from a country outside the European Union. 4.3 Payment processing is carried out through the payment service provider PayPal or a credit card provider commissioned by the Seller.
- Delivery and Dispatch Conditions 5.1 If the Seller offers the option of delivering the goods, the delivery will be made to the delivery address specified by the Customer within the delivery area specified by the Seller unless otherwise agreed. The delivery address provided by the Customer on minifigure-showcase.com is decisive for processing the transaction. 5.2 If the Customer is acting as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. However, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer. 5.3 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. In the event of a return, the Customer must bear the regular return costs if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of forty euros or if, in the case of a higher price of the goods, the Customer has not yet provided the consideration or a contractually agreed partial payment at the time of the withdrawal. Otherwise, the return is free of charge for the Customer. Transportable goods are to be returned at the Seller's risk. The Customer must fulfill obligations for reimbursements of payments within 30 days after sending their withdrawal declaration.
- Retention of Title 6.1 If the Seller delivers goods to the Customer, the Seller retains title to the delivered goods until the purchase price owed, including any additional costs such as taxes, fees, and delivery and shipping costs, has been paid in full. 6.2 If the Customer acts as a business entity, the Seller retains title to the delivered goods until all outstanding claims from the ongoing business relationship with the Customer have been settled in full. The corresponding security interests can be transferred to third parties by the Seller.
- Warranty (Guarantee) for Defects 7.1 If the purchased item is defective, the statutory provisions regarding warranty rights apply. The following applies additionally: 7.2 For entrepreneurs:
- The Seller has a choice of the type of subsequent performance (rectification or new delivery).
- The warranty period is one year from the delivery of the goods.
- The limitation period for claims for defects begins with the delivery of the goods.
- The above limitations and shortened terms do not apply to claims based on damage caused by the Seller, its legal representatives, or vicarious agents
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty, and
- in the event of breach of fundamental contractual obligations. Fundamental contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- In the event of a breach of fundamental contractual obligations, the Seller is only liable for the foreseeable damage typical for the contract if this was simply caused by negligence, unless it concerns claims for damages by the Customer resulting from injury to life, body, or health. 7.3 For consumers:
- The warranty period is two years from the delivery of the goods to the Customer.
- If the goods are defective, the Customer can initially choose whether the subsequent performance should take the form of rectification or a new delivery.
- The Seller may refuse the chosen type of subsequent performance if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the Customer.
- The limitation period for claims for defects is two years from the delivery of the goods.
- The above limitations and shortened terms do not apply to claims based on damage caused by the Seller, its legal representatives, or vicarious agents
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty, and
- in the event of breach of fundamental contractual obligations. Fundamental contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- In the event of a breach of fundamental contractual obligations, the Seller is only liable for the foreseeable damage typical for the contract if this was simply caused by negligence, unless it concerns claims for damages by the Customer resulting from injury to life, body, or health.
- Liability The Seller is liable to the Customer for all contractual, contractual, and statutory, as well as tortious claims for damages and reimbursement of expenses as follows: 8.1 The Seller has unlimited liability if the cause of damage is based on intent or gross negligence. 8.2 Furthermore, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and the Customer regularly relies on their compliance. In this case, however, the Seller is only liable for the foreseeable damage typical for the contract. The Seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. 8.3 The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. 8.4 If the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
- Special Conditions for the Processing of Goods According to Customer Specifications 9.1 If, according to the contents of the contract, the Seller is responsible for processing the goods according to Customer specifications, the Customer must provide the Seller with all content necessary for processing such as texts, images, and graphics in the file formats, formatting, and resolutions specified by the Seller. The Customer is solely responsible for procuring and acquiring the necessary rights to this content. The Customer declares and assumes responsibility for the fact that the processing of the content according to the contract does not infringe any rights, in particular copyright, rights to names, and trademark rights of third parties. The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with a violation of their rights by the contractual use of the Customer's content. The Customer is also responsible for ensuring that the data provided by them is free of viruses and malware. 9.2 The Seller does not check the content provided by the Customer for correctness and in particular does not check it for any legal violations. 9.3 For reasons of data protection, the Seller is not obliged to provide the Customer with templates, drafts, or any other documents that were created for the production of the goods. If the Customer requests changes to the templates and drafts, these changes must be requested in text form.
- Applicable Law The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
- Code of Conduct The Seller has submitted to the Trusted Shops quality criteria, which can be viewed at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.