Terms and Conditions and Customer Information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you have with us as a provider (Brick Takeover GmbH) close via the website www.bricktakeover.de. Unless otherwise agreed, the inclusion of your own conditions you use may object.
(2) Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is concluded.
§ 2 Create of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the setting of the respective product on our website, we submit a binding offer to conclude a contract via the online goods basket system on the conditions specified in the article description.
(3) The contract is concluded via the online goods basket system as follows:
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Cash" button or "Continue ordering" (or similar name) and entering the personal data as well as the payment and shipping conditions will finally be shown the order data as an order overview.
Insofar as you use an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, immediately, Giropay), you will either be led to the order overview page in our online shop or on the website of the provider of the immediate number system forwarded.
If there is forwarding to the respective immediate number of instant system, you can use the corresponding selection or enter your data. Finally, you will be displayed as an order overview on the provider of the immediate number of immediately or after you have been guided back to our online shop.
Before sending the order, you have the option of changing the information in the order overview again, changing (also via the "Back" function "of the internet browser) or canceling the order.
§ 3 Special agreements on offered payment methods
In collaboration with the payment service provider Klarna Bank (Publ) (Svaväasen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:
- Direct debit ("Pay now")
- Credit card
You can find more information on Klarna and the Klarna Terms of Use for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(3) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method that is offered via "PayPal" / "PayPal Checkout", payment processing is carried out via 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 via "PayPal" are displayed under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use further payment services for payment processing; As far as special terms of payment apply, you will be pointed out separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Stripe"
When choosing a payment method that is offered via "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed under a correspondingly designated button on our website and in the online ordering process. "Stripe" can use other payment services for payment processing; As far as special terms of payment apply, you will be pointed out separately. You can find more information about "Stripe" at https://stripe.com/de.
Section 4 of the right of retention, Retention of title
(1) You can only exercise a right of retention, insofar as it is claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve ownership of the goods until all demands from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you are already entering all claims in the amount of the invoice amount that grows from resale to us, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim yourself.
c) In the event of connection and mixing of the goods subject to retention of title, we acquire co -ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the collateral we are entitled to insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the releases to be released.
§ 5 Warranty
(1) There are legal liability rights.
(2) As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage when delivered and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if it was informed of the same before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, deviating from the above warranty regulations:
a) Only our own information and product description of the manufacturer are considered agreed as the nature of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the case of defects, we provide guarantee by rectification or delivery. If the deficiency has failed, you can request a reduction or withdraw from the contract after your election. After unsuccessful second attempt, the elimination of defects is considered failed if something else does not result from the type of goods or the defect or the other circumstances. In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The deadline is not reduced:
- Damage from the violation of life, body or health and health caused by us and in the event of intentionally or gross negligence other damage;
- as far as we have fraudulently concealed the defect or have given a guarantee for the nature of the matter;
- in the case of things that have been used for a building according to their usual use and whose deficiency have caused;
- In the case of statutory recourse claims that you have in connection with defects rights against us.
Section 6 of the law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).
(2) The place of performance for all services from the business relationships and the place of jurisdiction that exist with us is our seat, unless you are a consumer, but a merchant, legal entity under public law or public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence at the time of the lawsuit is not known. The authority to call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN sales law expressly do not apply.
II. Customer information
1. Identity of the seller
Brick Takeover GmbH
Sudetenstr. 6
97249 Eisingen
Germany
Telephone: 0049 (0) 931-730498-06
Email: info@bricktakeover.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court online dispute resolution (OS platform), called up at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of the "state of the contract" of our general terms and conditions (part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.
4. Behavioral codes
4.1. We have submitted to the buyer seal quality criteria of the dealer association Management AG, visible at: https://www.haendlerbund.de/
5. Essential features of the goods or service
5.1. The essential features of the goods and/or service can be found in the respective offer.
5.2. Natural stone is subject to fluctuations in color, grain and shape. Quartz veins, pores, color and drawing differences as well as explosions are therefore not a defect, but show the uniqueness of the material. Different types contain iron sulfides that can oxidize on the surface. This is a typical rock property and is not entitled to complain.
6. Prices and payment modalities
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up on our website or in the respective offer via a correspondingly designated button, are shown separately during the ordering process and must be borne by you, unless the shipping -free delivery is agreed.
6.3. If the delivery is carried out to countries outside the European Union, we may incur additional costs, such as tariffs, taxes or transmission fees (transfer or exchange rate fees of the credit institutions) that are to be borne by you.
6.4. The resulting costs of the transmission of money (transfer or exchange rate fees of the credit institutions) must be borne by you in the cases in which delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and, if necessary, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are consumers, it is regulated by law that the risk of random doom and the random deterioration of the sold thing is only transferred to you during the dispatch with the transfer of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch.
7.3. Delivery by freight forwarder:
7.3.1. The customer has to ensure that the storage area is preparing accordingly. If waiting times for the vehicle that is responsible for delivery, which the customer is responsible for, arises, these will be charged to the client, whereby the customer has opened the evidence that no or only less damage has occurred. The unloading is at the driver's discretion. If this comes to the conclusion that a unload cannot be carried out without expected damage, he breaks off the unloading. The delivery costs are invoiced to the customer and new transport conditions must be agreed.
7.3.2. After delivery, Brick Takeover GmbH no longer has any responsibility via the parked goods. The storage location is determined by the customer and cannot be claimed afterwards. Disabilities of road users or their own restrictions on the property due to the heavy goods are not the responsibility of Brick Takeover GmbH after the delivery. Brick Takeover GmbH can expressly contradict the city or municipality on public sidewalks or public grounds, without a parking permit. Here the driver of the contracted transport company may refuse to park the goods and the customer bears the costs of delivery.
7.3.3. Insofar as Brick Takeover GmbH does not provide the delivery of the goods or does not provide them in accordance with the contract, the customer must set Brick Takeover GmbH a grace period to achieve the service. Otherwise you are not entitled to withdraw from the contract.
7.3.4. Special delivery conditions apply to goods that are shipped in our e-shop with the shipping tariff marked as a freight forwarder: general cargo is packed on a disposable or europet and transport is carried out by commissioned freight forwarders. Packaging material passes into the possession of the buyer and cannot be withdrawn or can only be withdrawn at your own return costs. There is a discharge edge of the curb using a lifting platform and by lifting cars. Additional, paid service is available for the delivery (for example: telephone termination, delivery overnight etc.) If you do not select any of these service options, the delivery takes place in accordance with the previous description in a standard period of 48 hours. Notification if no AVIS fee has been commissioned! In ZIP ZIP - marginal zones are correspondingly longer. We only deliver within Germany and not to German islands. Insel delivery must be agreed separately and is subject to higher fees.
7.3.5. Brick Takeover GmbH reserves the right to reject island delivery or to invoice higher service fees of the delivery companies. This can also be invoiced after a delivery if we have been charged for additional fees that were not yet foreseeable.
7.3.6. The palette must be accepted personally by the customer or a person in their trust. If terminavization has not been selected and the deliverer does not find anyone at a specified delivery address, the goods will be sent again after further consultation. These costs will then be charged separately and vary according to the weight of the shipment, up to 100kg max. 60 €, up to 250 kg max. € 100, up to € 500kg € 155, up to € 1000 kg max. € 215, up to 2500kg max. 360 €, up to 20,000kg max. 2110 €. Brick Takeover GmbH reserves the right to withdraw from the purchase and to invoice the delivery costs and return costs incurred. A renewed delivery is only made after the cost was taken over. The delivery time increases according to the contact and processing time.
7.3.7 If the customer is a consumer within the meaning of § 13 BGB, this is entitled to revoke the underlying legal relationship in accordance with the statutory provisions.
7.3.8. The customer bears the immediate costs of returning the goods. These vary according to the weight of the shipment and are estimated at a maximum of the following costs: up to 10 kg € 6.90, up to 30 kg € 9.90, up to 100kg max. 60 €, up to 250 kg max. € 100, up to 500kg 155 ,-€, up to 1000 kg max. € 219, up to 3000kg max. 560 €, up to 9000kg max. € 1,305, up to 15000kg max. € 2,160, up to 20,000kg max. € 2,880. These return costs are also due for products that have been honored as free of charge. The term free of charge refers to the delivery, but not to the return.
If you are an entrepreneur, the delivery and dispatch takes place at your risk.
8. Statutory liability law
The liability for defects is based on the "warranty" regulation in our general terms and conditions (part I).
These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Handlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
Last update: 29.11.2022