General terms and conditions of the 100Farbspiele online shop

All services provided by 100Farbspiele online shop (hereinafter 100Farbspiele) for the customer are carried out exclusively on the basis of the following general terms and conditions. Deviating regulations only apply if they have been agreed in writing between 100Farbspiele and the customer or are expressly stated in these general terms and conditions.

§ 2 Conclusion of contract

(1) The offers of the 100Farbspiele online shop on the Internet represent a non-binding invitation to the customer to order goods in the 100Farbspiele online shop.

(2) By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract.

(3) The 100Farbspiele online shop is entitled to accept this offer within 10 calendar days by sending an order confirmation. The order confirmation is sent by email. If the 10-day period expires without result, the offer is deemed to have been rejected.

§ 3 Payment, due date, default in payment

(1) Payment for the goods is made in advance. Cash on delivery is only possible for deliveries within Germany. The 100Farbspiele online shop reserves the right to accept or exclude certain payment methods in individual cases.

(2) When paying in advance, the customer undertakes to pay the purchase price immediately after conclusion of the contract. When paying cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods.

(3) If the customer is in default of payment, he is responsible for any negligence during this period. He is also liable for accidental damages due to the service, unless the damage would have occurred even if the service had been provided on time.

(4) The purchase price shall be subject to interest during the period of default. The default interest rate shall be five percentage points above the base interest rate for the year. In the case of legal transactions in which a consumer is not involved, the interest rate shall be eight percentage points above the base interest rate.

(5) The assertion of further damages is not excluded.

(6) The delivered goods remain our property until full payment has been made (retention of title according to §§ 158, 449 BGB). If the agreed payment deadline is exceeded, we must charge reminder and processing fees.

§ 4 Delivery

(1) Goods will only be delivered while stocks last.

(2) Delivery is made by sending the goods from the warehouse to the address provided by the customer. If delivery against advance payment has been agreed, the delivery period is generally 2-3 working days after receipt of the purchase price. Otherwise, the delivery period is generally 2-3 working days from dispatch of the order confirmation. This information is non-binding unless otherwise agreed.

(3) Delivery is subject to the packaging and shipping costs specified when ordering online. For deliveries abroad, unless otherwise stated, the price for packaging and shipping is calculated separately according to weight. If the customer requests a special type of shipping that incurs higher costs, he must also bear these additional costs.

§ 5 Retention of title

The goods remain the property of 100Farbspiele until they have been paid for in full. Before ownership is transferred, pledging, transfer of ownership as security, processing or modification is not permitted without the express consent of the 100Farbspiele online shop.

§ 6 Prices

(1) When the 100Farbspiele website is updated, all previous prices and other information about goods become invalid.

(2) The price applicable for invoicing purposes shall be the price at the time the customer submits the offer.

§ 7 Withdrawal

(1) We are entitled to withdraw from the contract even with regard to a still outstanding part of the delivery or service if incorrect information has been provided regarding the customer's creditworthiness or objective reasons have arisen regarding the customer's ability to pay and the customer, at the request of the 100Farbspiele online shop, neither makes an advance payment nor provides suitable security before delivery or if insolvency proceedings are opened against the customer's assets or an application to initiate insolvency proceedings is rejected due to a lack of assets to cover costs.

(2) Without prejudice to the claims for damages of the 100Farbspiele online shop, in the event of partial withdrawal, partial services already provided must be invoiced and paid for in accordance with the contract.

§ 8 Warranty

(1) The warranty period shall be two years. In the case of legal transactions in which a consumer is not involved or in the case of the sale of used goods, the warranty period shall be one year.

(2) If the item is defective, the customer has the right to demand the removal of the defect or the delivery of a defect-free item as subsequent performance, at his or her discretion. The 100Farbspiele online shop can refuse the type of subsequent performance chosen by the customer, without prejudice to Section 275 Paragraphs 2 and 3 of the German Civil Code (BGB), if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be used without significant disadvantages for the buyer must be taken into account. In this case, the customer's claim is limited to the other type of subsequent performance; the right of the 100Farbspiele online shop to refuse this under the conditions of sentence 1 remains unaffected.

(3) If the purchase is a commercial transaction for both parties, the customer must inspect the goods immediately after delivery, insofar as this is feasible in the normal course of business. If a defect is discovered, he must notify us immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. If such a defect is discovered later, the notification must be made immediately after it is discovered; otherwise the goods are deemed to have been approved with regard to this defect as well. These provisions do not apply if the defect was fraudulently concealed. To preserve the customer's rights, it is sufficient to send the notification in good time.

(4) If we deliver a defect-free item for the purpose of subsequent performance, the customer may demand return of the defective item in accordance with Sections 346 to 348 of the German Civil Code (BGB).

(5) Damage caused by improper or non-contractual actions by the customer during installation, connection, operation or storage does not constitute grounds for a claim against us. The improperness and non-contractual nature is determined in particular by the information provided by the manufacturer of the goods delivered.

§ 9 Transport damage

(1) Goods with obvious damage to the packaging or contents that are delivered to the customer must be reported to the carrier/freight service. Acceptance must be refused. In addition, we must be contacted immediately by email, fax or post.

(2) The 100Farbspiele online shop must be informed immediately after the discovery of hidden defects.

(3) This provision does not entail any shortening of the statutory limitation periods.

§ 10 Limitation of Liability

(1) We are only liable for damages other than those resulting from injury to life, body or health if these damages are based on intentional or grossly negligent actions or on culpable violation of a material contractual obligation by 100Farbspiele Onlineshop or its vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected by this.

(2) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of the Farbspiele100 online shop.

§ 11 Data protection

All personal data required to carry out the order is stored in machine-readable form and treated confidentially. The data required to process an order, such as name and address, are passed on to the companies commissioned to deliver the goods as part of the delivery. We accept no liability for data security during these transmissions over the Internet (e.g. due to technical errors on the part of the provider) or for any criminal access by third parties to files on our website. Access data for the customer login, which is sent to the customer at the customer's request, must be treated as strictly confidential by the customer, as we accept no responsibility for the use and application of this data.

§ 12 Place of jurisdiction

All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is excluded. If the contracting parties are merchants, the court at which the 100Farbspiele online shop is based is responsible, unless an exclusive place of jurisdiction has been established for the dispute.

§ 13 Copyright

All third-party logos, images and graphics shown are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

§ 14 Links on our pages

In its ruling of May 12, 1998 - 312 O 85/98 - "Liability for links", the Hamburg Regional Court ruled that by providing a link, one may be held responsible for the content of the linked page. According to the regional court, this can only be prevented by expressly distancing oneself from this content. We therefore expressly distance ourselves from all content on all linked pages on this homepage. This declaration applies to all links on our website.

§ 15 Severability Clause

Should any provision of this Agreement be or become invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.

The following right of cancellation does not apply if the goods you ordered are to be used for your own commercial or independent professional activity.

Cancellation policy according to § 355 para. 2 BGB

Right of withdrawal

You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Section 312c Paragraph 2 BGB in conjunction with Section 1 Paragraphs 1, 2 and 4 BGB-InfoV and our obligations in accordance with Section 312e Paragraph 1 Sentence 1 BGB in conjunction with Section 3 BGB-InfoV. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:

100Color games
Melanie Egartner
Mühlenstr. 16
24376 Kappeln

+49 (0) 4642 9288788
info@100farbspiele.de

Consequences of revocation

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the services received and benefits (e.g. benefits of use) to us, or only partially or only in a deteriorated condition, you must pay us compensation for the value. You only have to pay compensation for the deterioration of the item and for benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and usual in a store, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as if it were your own property and refraining from doing anything that impairs its value.

You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed EUR 40 or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be picked up from you. You must fulfill obligations to reimburse payments within 30 days of sending your cancellation notice.

Exceptions

Unless otherwise specified, the right of withdrawal does not apply to contracts

1. for the delivery of goods which are manufactured according to customer specifications or are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded,

2. for the supply of audio or video recordings or software, provided that the data carriers supplied have been unsealed by the consumer.

End of revocation