Terms of service

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 (Zaiser Art GbR) via the websites www.mybearbrick.de and www.mybearbrick.co.uk. Unless otherwise agreed, we object to the inclusion of any terms and conditions you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader is any natural or legal person or partnership with legal capacity 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 placing the respective product on our website, we already submit to you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods you intend to purchase are placed in the “shopping cart”. You can open the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.

After clicking the “Checkout” or “Continue to order” button (or similar) and entering your personal details as well as the payment and shipping terms, the order data is finally displayed to you as an order overview.

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

Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the “back” function of your browser) or to cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order”, “pay” / “pay now” or similar), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct and that receipt of the emails is technically ensured.

§ 3 Special agreements on the payment methods offered

(1) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment is processed 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 available via “PayPal” are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Shopify Payments”

If you select 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 is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods available via Shopify Payments are displayed to you under a correspondingly labelled button on our website and in the online ordering process. Stripe may use other payment services to process payments; if special payment terms apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

(3) Payment on collection

If you collect the goods from us, you can pay in cash or by card upon handover. The purchase price is due upon collection. Card payments are processed via the card terminal of the payment service provider SumUp Payments Limited (Dublin, Ireland).

§ 4 Right of retention, retention of title

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

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a trader, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging them or transferring them by way of security is not permitted.

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; 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) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) At your request, we undertake to release the securities to which we are entitled to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10 %. The choice of the securities to be released is ours.

§ 5 Warranty

(1) The statutory rights in respect of defects apply.

(2) As a consumer, you are asked 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. If you do not do so, this has no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been 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.

(4) If you are a trader, the following applies in derogation of the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed to be the agreed quality of the goods, but not other advertising, public promotions or statements by the manufacturer.

b) In the event of defects, we shall provide warranty, at our discretion, by repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or of the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs arising from the goods having been taken to a place other than the place of performance, unless this corresponds to the intended use of the goods.

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

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

§ 6 Choice of law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the country in which you have your habitual residence (principle of the more favourable law).

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

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II. Customer information

1. Identity of the seller

Zaiser Art GbR
Gabriele-Münter-Straße 22
73760 Ostfildern
Germany
Phone: +49 711 84940172
Email: info@mybearbrick.de

Unique identifier (IDU) for extended producer responsibility (EPR) in France: FR414917_01PDQO (CITEO)

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract languages are German and English.

3.2. We store the contract text and will make it available to you on request. If you used a customer account when ordering, you can also view your orders there yourself. Before submitting the order via the online shopping cart system, you can print out the contract data using your browser's print function or save it electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

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

5. Prices and payment terms

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes. For goods subject to the margin scheme under Section 25a of the German VAT Act (UStG), VAT is included in the price but is not shown separately; traders cannot deduct input VAT for these goods.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. Deliveries to the United Kingdom and Switzerland are made duty paid: we bear customs duties and import charges. If delivery is made to other countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by banks), which are to be borne by you.

5.4. Money transfer costs incurred (transfer or exchange rate fees charged by banks) 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.

5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

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

6. Delivery terms

6.1. The delivery terms, the delivery date and any delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If collection is offered when you order, you can also collect the goods from us yourself (Zaiser Art GbR, Gabriele-Münter-Straße 22, 73760 Ostfildern, Germany); no shipping costs are charged in this case. We will arrange a collection appointment with you after we have notified you that the goods are ready.

6.3. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by us or another person designated to carry out the shipment.

If you are a trader, delivery and shipping are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).

The German version of these General Terms and Conditions and customer information is based on texts drafted by the IT law specialists of Händlerbund Management AG.