General terms and conditions and customer information
General 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 conclude with us as a provider (Brick Takeover GmbH) via the Kaufland internet platform. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) We only offer our products for sale if you are a natural person who concludes the legal transaction for purposes that cannot predominantly be attributed to your commercial or independent professional activity (consumer). A contract with entrepreneurs is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If we list an item at Kaufland, the activation of the offer page at Kaufland does not constitute a binding offer to conclude a purchase contract, but rather an invitation to place an order (purchase offer submitted by you).
(3) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal) as your payment method, you will first be redirected to the website of the provider of the instant payment system. There you make the appropriate selection or enter your data. Finally, you will be directed back to kaufland.de to the order overview page.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting your order using the corresponding button, you are submitting a binding offer to us.
(4) After submitting your order from kaufland.de, you will receive an automatic confirmation by email that we have received the offer. The order confirmation does not yet lead to the conclusion of the contract.
(5) The acceptance of the offer (and thus the conclusion of the contract) takes place by email from kaufland.de, in which we confirm that we have dispatched the goods (shipping confirmation).
Deviating from this, when using the payment method in advance/bank transfer, the offer is accepted by email from kaufland.de in which the execution of the order is confirmed or in which you are asked to pay (order confirmation).
If you have not received a shipping or order confirmation within 2 days, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
For payment processing we use the payment service provider cflox GmbH, Gaußstraße 190c, 22763 Hamburg, Germany. The individual payment methods are displayed on the Kaufland website and in the online ordering process. For all payment methods, payment processing takes place via the payment service provider. cflox GmbH can use other payment service providers or payment providers; If special payment conditions apply, you will be informed of these separately. Further information about payment processing via cflox GmbH and the individual payment methods can be found in Kaufland's terms and conditions and data protection declaration.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Brick Takeover GmbH
Sudetenstr. 6
97249 Eisingen
Germany
Telephone: 0049(0)931-730498-98
Email: info@bricktakeover.com
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 provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.
5.4. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.5. You have the following payment options, unless otherwise stated in the respective offer or in the online ordering process:
- Advance payment by bank transfer
- Payment via PayPal
- Payment by credit card
- Payment via instant transfer (via Klarna)
- Payment by invoice (via Klarna)
- Payment by installment purchase (via Klarna)
- Payment by direct debit (via Klarna)
- Payment via financing (via Consors Finanz)
- Payment via Google Pay
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
Unless a different deadline is specified in the respective offer or under the correspondingly designated button, the goods will be delivered within 3-5 days after conclusion of the contract (if an advance payment has been agreed, however, only after the time of your payment instruction).
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
last updated: October 22, 2024