Terms of service
General Terms and Conditions and consumer information for purchase contracts concluded via the online shop between Zaiser Art GbR, Gabriele-Münter-Str. 22, 73760 Ostfildern, Germany – hereinafter referred to as "Seller" – and the customer – hereinafter referred to as "Customer".
§ 1 Scope and General Information
(1) Subject to individual agreements and arrangements that take precedence over these Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions is rejected.
(2) The Customer is a consumer insofar as they conclude the contract for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The contract is concluded with:
Zaiser Art GbR
Gabriele-Münter-Str. 22
73760 Ostfildern
Germany
Phone: +49 (0)711 84940172
Legal form: Civil law partnership (GbR)
Shareholders: Marion Zaiser, Michael Horst Zaiser
Managing Director: Marion Zaiser
Tax number: 59092/64711
VAT ID: DE366854345
Online shop: https://www.mybearbrick.de/en
Email: info@mybearbrick.de
(2) The essential characteristics of the goods result from the respective product description provided by the Seller.
(3) All offers in the Seller's online shop merely constitute a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. Once the Seller has received the Customer's order, the Customer will first be sent a confirmation of their order with the Seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the Customer's order, the Seller will review it promptly and notify the Customer within two business days whether the order is accepted (order acceptance). The ordering process in the Seller's online shop works as follows:
(4) The Customer can select products from the Seller's range and collect them in a so-called shopping cart via the "Add to cart" button. By clicking on the "Shopping cart" button, the Customer receives an overview of the selected products. By clicking the "Buy now" button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the entered order and data at any time using the browser functions "Back" and "Forward" displayed as arrow keys. The offer can only be submitted and transmitted if the Customer accepts these Terms and Conditions by clicking on the "Accept Terms and Conditions" button and thereby includes them in their offer. The Seller will then send the Customer an automatic confirmation of receipt by email, which lists the Customer's order again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The contract is only concluded when the Seller issues the declaration of acceptance, which is sent in a separate email.
§ 3 Subject Matter of Contract, Quality, Delivery, Product Availability
(1) The subject matter of the contract is the goods and services specified by the Customer in the order and named in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved, particularly regarding product availability.
(2) The quality of the ordered goods results from the product descriptions in the online shop. Images on the website may only reproduce the products inaccurately; in particular, colors may differ significantly for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions, and performance descriptions are given as precisely as possible but may show the usual deviations. The properties described here do not constitute defects in the products delivered by the Seller.
(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
(4) If the product specified by the Customer in the order is only temporarily unavailable, the Seller will also inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Seller is also entitled to withdraw from the contract. The Seller will immediately refund any payments already made by the Customer.
(5) We guarantee that all products offered in the Seller's online shop comply with the EU General Product Safety Regulation (GPSR). Details on safety notices and recall processes can be found under the "Info" menu.
§ 4 Delivery, Prices, Shipping Costs
(1) Delivery to the shipping company takes place no later than two business days after receipt of payment, or in the case of cash on delivery, no later than two days after order confirmation. The delivery time is up to five days. The Seller will indicate any deviating delivery times on the respective product page.
(2) Delivery is only available within the EU, Switzerland, and the United Kingdom.
(3) All item prices include the statutory value-added tax. The prices shown are final retail prices plus shipping costs. The Customer will receive an invoice with VAT shown separately.
§ 5 Payment
Payment is made in advance (including PayPal, credit card payment, bank transfer).
§ 6 Transport Damage
(1) If goods are delivered with obvious transport damage, the Customer is requested to report such defects immediately to the delivery person and to contact the Seller as soon as possible.
(2) Failure to make a complaint or to contact the Seller has no consequences for the Customer's statutory warranty rights but helps the Seller to assert their own claims against the carrier or transport insurance.
§ 7 Warranty for Defects
(1) The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB).
(2) A guarantee for the goods delivered by the Seller only exists if this was expressly given in the order confirmation for the respective item.
(3) Complaints and warranty claims can be submitted to the address given in the seller identification.
§ 8 Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
§ 9 Liability
The statutory provisions apply.
§ 10 Contract Text
The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions at any time in their customer account. The order data and Terms and Conditions are sent to the Customer by email. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
§ 11 Final Provisions
(1) The contract language is German and English.
(2) The law of the Federal Republic of Germany shall apply to contracts between the Seller and Customers, excluding the laws on the international sale of movable goods. This choice of law shall only apply to consumers insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn from the Customer.
(3) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the Seller's registered office. This also applies if the Customer does not have a general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is filed.