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General Terms and Condition

Valid from 20-May-2018.
This is a translated version of the German Original text. Translation was made with translate.google.com. In any cases of differences to the German Original Version, only the German Original Version is valid.

1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting party, conclusion of contract

The purchase contract comes about with Spieltraumwelt - Oliver Strauss.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.

3. Contract language, contract text storage

The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. The sending can also be done via the online marketplace after completing the order by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.

4. Terms of delivery

In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver in transit. Unfortunately, a self collection of the product is not possible.

5. Payment

In our shop you can always use the following payment methods:

Payment in advance

When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.

Credit card

By submitting the order, you also transmit your credit card data to us at the same time. Following your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.

PayPal

In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.

6. Transport damage

For consumers:

If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.

For entrepreneurs:

The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in German § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

7. Warranty and Guarantees

Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under German § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
  • In case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
  • as part of a guarantee promise, as far as agreed
  • as far as the scope of the product liability law is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

8. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • with guarantee promise, if agreed, or
  • as far as the scope of the product liability law is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.

9. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), available here: https://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.

10. Final provisions

If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
CTG created with the Trusted Shops legal copy in cooperation with Wilde Beuger Solmecke lawyers.