GTC

1. Scope of application

For all orders via our homepages by consumers and entrepreneurs, the following GTC apply. With his order, but at the latest with the acceptance of our delivery, the customer, who can be a consumer according to § 13 BGB, as well as an entrepreneur according to § 14 BGB, expressly accepts these GTC.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The presentation of the product range of SPIEL DAS! Verlag on computers accessible via the Internet does not constitute an offer within the meaning of §§ 145 ff BGB. By sending an order by e-mail to SPIEL DAS! Verlag, he makes an offer in the sense of § 145 BGB. The contract with SPIEL DAS! Verlag, represented by Robert Heller, is concluded when SPIEL DAS! Verlag accepts this offer. The acceptance is subject to the availability of the ordered goods or services. The declaration of acceptance by SPIEL DAS! Verlag to the Customer is not required; the Customer waives this in this respect iSv § 151 S. 1 BGB. If SPIEL DAS! Verlag cannot accept the Customer’s offer, the Customer will be informed of this in electronic form.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the stated product prices may still be shipping costs. For more information about shipping costs, please refer to the offers.

In the event of default of acceptance by the customer, we may refuse further deliveries - also from other contracts - and, after expiry of a reasonable grace period, withdraw from the contract and claim damages for non-performance.

The order will be processed immediately after receipt and the goods will be delivered to the customer as soon as possible within 1-3 business days, provided that they are available in stock. If an item is no longer in stock or not available, or other delivery obstacles occur, the customer will be notified immediately, within 2 working days. However, delivery deadlines are only binding if they are included in our order confirmation in text form. If binding delivery deadlines are exceeded, the customer must first set us a reasonable grace period. If this grace period expires without result, the customer may withdraw from the contract to the exclusion of any other claims - subject to any rights pursuant to §8 (Warranty) of these GTC. The same applies to non-binding delivery deadlines if these are exceeded by 6 weeks.

If the delivery to the customer is impeded by force majeure, legal or official measures. traffic or operational disruptions, strikes or other circumstances for which SPIEL DAS! Verlag is not responsible for, the delivery period shall be extended by the duration of the hindrance without the Customer being able to derive any claims for damages from the impediment to performance.

The SPIEL DAS! Publisher is entitled to withdraw from the contract if SPIEL DAS! Publisher is not supplied by its suppliers for reasons for which it is not responsible. If SPIEL DAS! Publisher makes use of this right of withdrawal, the Customer will be informed and any amount already paid on the purchase price will be refunded.

In principle, you have the possibility of collection at SPIEL DAS! Publisher, Am Schächtchen 8, 55413 Weiler, Germany during the following business hours: Monday to Friday from 11:00 a.m. to 6:00 p.m. - except on holidays. Please inform us at least three working days before your pickup so that we can provide the goods from our warehouse.

For deliveries abroad, please inform us with your order whether you want insured or uninsured shipping. In case of uninsured shipping, SPIEL DAS! Publisher assumes no liability for the loss of the goods in transit or any delays in delivery. You will be informed about the final shipping costs with the order confirmation.

5. Prices

The prices are inclusive of value added tax. The price at the time of receipt of the order is decisive. With the publication of a new price list or catalog, all previous prices lose their validity. Errors excepted. In the case of price-linked articles, the publisher's prescribed sales price always applies.

6. Payment

On our website, the following payment methods are generally available to you:

Prepayment

If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal, PayPal Express

In the ordering 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 register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

Cash payment upon pickup

You pay the invoice amount in cash at the time of collection.

7. Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. Retention of title

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims; however, we may also collect claims ourselves insofar as you do not meet your payment obligations.

9. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

10. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With respect to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the store.

Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 11:00 a.m. to 5:00 p.m. by phone at +49 (0) 6721 / 20 18 788 or by e-mail at kontakt@spiel-das.de

11. Liability

Für Ansprüche aufgrund von Schäden, die durch uns, unsere gesetzlichen Vertreter oder Erfüllungsgehilfen verursacht wurden, haften wir stets unbeschränkt

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

12. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS). The OS platform can be reached at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final provisions

If the customer is not a consumer, the place of jurisdiction is Bingen am Rhein. Otherwise, the statutory provisions on the place of jurisdiction shall apply. For entrepreneurs, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions. The invalid provision would be replaced by one that comes closest to the economic purpose of the intended regulation.