Conditions

§ 1 Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by blockbaytoys ne V. (hereinafter referred to as the Provider) to you, in the version valid at the time of the order.

(2) Any deviating general terms and conditions of the customer will be rejected.

(3) Please read these terms and conditions carefully before placing an order to blockbaytoys ne V. By placing an order to blockbaytoys ne V. you agree to the application of these Conditions of Sale to your order.

(4) On blockbaytoys we offer you the sale of the following products:

Our company specializes in offering modular toys that not only encourage creative play, but also strengthen regional identity and convey environmental awareness. We start with a self-produced chess set that integrates local cultural elements into the design and uses high-quality, sustainable materials. In addition, the figures are 3D printed and the board is made from ecological materials. We then expand our range to include interlocking bricks, similar to Lego, that are based on regional architecture and use environmentally friendly materials (first suggestions: Wuppertal suspension railway, Lüntenbeck Castle, stadium at the zoo, etc.). If necessary, there is the possibility of expanding our focus on Wuppertal with "limited editions" to other cities in the area, as well as expanding our range to include other sustainability-promoting and educational products (example: construction kit for making a solar-powered toy). Furthermore, we ensure that our products have environmentally friendly packaging that is made from recycled or recyclable materials. Our goal behind these modular toys is to bring young people, collectors, etc., closer to Wuppertal and the surrounding area, to establish ecological sustainability in the world of toys and to educate our customers about the importance of sustainability.

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are aimed exclusively at end customers with a billing and delivery address in:

Throughout Germany .

For individual bulky items, the possible delivery addresses and the delivery location may be limited; the restriction is indicated in the respective list price.

(3) The purchaser must be at least 18 years old.

(4) The presentation of the goods in the online shop does not constitute a legally binding offer. The presentation of the goods merely invites the customer to make an offer.

(5) Your order constitutes an offer blockbaytoys to conclude a purchase contract. The customer submits a binding offer when he has completed the online ordering process by entering the information requested there and clicks the "buy" button in the last ordering step.

(6) The purchase contract between the provider and the purchaser is only concluded when the provider declares acceptance. This occurs at the earlier of the two dates, either dispatch of the goods or sending of a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The validity of contracts for quantities larger than normal household quantities and the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered within the scope of one order and to the placing of multiple orders for the same product, where the individual orders include a normal household quantity.

(8) We will store your orders after the contract has been concluded. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order data.

(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. You can find more information about electronic invoices on our website.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include any shipping costs or shipping surcharges. Shipping surcharges vary depending on the delivery method and nature of the item.

(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We will verify prices when we process your order and before we charge payment. If a product is mispriced and the correct price is higher than the price on the website, we will contact you before dispatching the product to ask you whether you wish to purchase the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.

(3) The prices at the time of the order apply. If list prices are available, the list price valid at the time of the order applies.

§ 4 Delivery and cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are blockbaytoys sold (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If blockbaytoys If during the processing of your order it is discovered that the products you have ordered are not available, you will be informed of this separately by email or by message in your customer account. The purchaser's legal claims remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery is made depending on the customer's payment method. In the case of advance payment, delivery is made after the payment order has been issued to the transferring credit institution. In the case of payment by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery is made after the contract has been concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is blockbaytoys ne V. Regardless of your right of withdrawal, you can cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.

§ 5 payment

(1) The customer can pay for the goods using the following payment methods:

- Paypal

- Credit card

- Gift card

- Direct debit:

In the event of a chargeback for which the customer is responsible, blockbaytoys ne V. a lump sum compensation in the amount of 5 € (five euros). The customer can prove that no damage was caused at all or that the damage was significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods sold by third parties.

- Instant bank transfer

(2) Certain payment methods may be excluded by the provider in individual cases.

(3) The customer is not permitted to pay for the goods by sending cash or checks.

(4) If the customer chooses an online payment method, the customer hereby authorizes the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.

(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues a SEPA basic mandate to the provider. If a payment transaction is reversed when paying by direct debit due to insufficient funds or due to incorrect bank details being transmitted, the customer must bear the costs.

(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.

(9) Should the customer default on payment, the provider reserves the right to claim damages for late payment.

§ 6 Set-off and retention rights

(1) The customer shall only be entitled to set off claims if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 7 Retention of title

blockbaytoys ne V. reserves ownership of the goods until full payment has been made.

§ 8th Transport damage

Transport damage is to be borne by the shipping service provider. Alternatively, the buyer is liable

§ 9 Defect law

(1) If the customer is a consumer, the warranty and liability for defects of the delivered goods are governed by the statutory provisions: Accordingly, customers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from the delivery of the goods and can request the repair or replacement of the blockbaytoys purchased products if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period is one year. This applies unless claims for damages and reimbursement of expenses are asserted that relate to compensation for damage to body and health or to intent or gross negligence.

§ 10 Limitation of Liability (Products)

(1) The provider is liable for claims for damages by the customer arising from injury to life, body or health or from the violation of essential contractual obligations, as well as for other damages that are based on their intentional or grossly negligent breach of duty, or on the part of one of the provider's legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.

(3) The provider is liable for breaches of essential contractual obligations that are based on typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, body or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that the liability of blockbaytoys is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 11 Right of withdrawal

(1) If the customer is a consumer, he shall have a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one good in several partial shipments or pieces), without giving any reason.

To exercise your right of withdrawal, you must:

blockbaytoys ne V.

Bayreuther Strasse, 42115 Wuppertal Germany

Phone: +49 1573 2045082

E-mail: contact@blockbaytoys.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website for this purpose or send us another clear statement. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by e-mail).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired and for you to return the goods via our online returns center within the period specified below.

(3) Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to

blockbaytoys ne V.

Bayreuther Strasse, 42115 Wuppertal Germany

Phone: +49 1573 2045082

E-mail: contact@blockbaytoys.de

to return or hand over the goods. The deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. Items that cannot be sent by parcel will be collected from you.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not exist or expires for the following contracts:

for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;

for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs

for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

for services, if blockbaytoys has provided this in full and you have acknowledged and expressly agreed before ordering that we can start providing the service and that you lose your right of withdrawal upon full performance of the contract;

for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and

for the supply of alcoholic beverages, the price of which was agreed upon when the sales contract was concluded, but which can only be delivered after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

§ 12 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

for the supply of goods which are liable to spoil quickly or whose expiry date would quickly be exceeded;

(2) The right of withdrawal expires prematurely in the case of contracts

for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;

for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

§ 13 data protection

(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.

(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the data subjects prior written consent.

(4) You have the right at any time to blockbaytoys to receive complete and free information about the data concerning you.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate privacy policy.

§ 14 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string by which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, and these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies. A banner is available for this purpose which you can object to/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard disk or that cookies that have already been stored are deleted. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.

§ 15 Final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may blockbaytoys only with the involvement of a parent or guardian.

(3) If you breach these Terms and Conditions and we do not take action against you, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules, conditions, including these Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time you place your order, unless a change to these terms and conditions is required by law or by government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms and Conditions of Sale is invalid, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of a provision does not affect the validity of the other provisions of the contract. Should this be the case, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.