General terms and conditions and customer information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Brick Takeover GmbH) via the Kaufland online platform. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is herewith rejected.

(2) We only offer our products for purchase if you are a natural person who concludes the legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity (consumer). Conclusion of a contract with entrepreneurs is excluded.

§ 2 Formation of the Contract

(1) The object of the contract is the sale of goods.

(2) If we list an item on Kaufland, the activation of the offer page on Kaufland does not constitute a binding offer to conclude a purchase contract, but an invitation to submit an order (a 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 access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal) as the payment method, you will first be redirected to the website of the instant payment system provider. There you make the corresponding selection or enter your data. Finally, you will be redirected back to kaufland.de to the order overview page.
Before submitting the order, you have the option to review the information in the order overview, change it (also by using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button, you are making a binding offer to us.

(4) After submitting your order, you will receive an automatic confirmation from kaufland.de by e-mail that we have received the offer. The order confirmation does not yet lead to the conclusion of the contract.

(5) Acceptance of the offer (and thus the conclusion of the contract) takes place via an e-mail from kaufland.de, in which we confirm the dispatch of the goods to you (shipping confirmation).
Notwithstanding this, if payment in advance/bank transfer is used, the offer is already accepted by an e-mail from kaufland.de, in which the execution of the order is confirmed or in which you are requested to pay (order confirmation).
If you have not received a shipping or order confirmation within 2 days, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.

(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 e-mail. You must therefore ensure that the e-mail address stored by you with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

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 is carried out via the payment service provider. cflox GmbH may use other payment service providers or payment providers; if special payment conditions apply, you will be informed of these separately. Further information on payment processing via cflox GmbH and on the individual payment methods can be found in the General Terms and Conditions and the privacy policy of Kaufland.

§ 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 full payment of the purchase price.

§ 5 Warranty

(1) Statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect 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 it by us before submitting the contractual declaration 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 insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, insofar as 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 if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

(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
Deutschland
Telefon: 0049(0)931-730498-06
E-Mail: info@bricktakeover.com

 

2. Information on the Formation of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Formation of the Contract" of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

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 Modalities

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The incurred shipping costs 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 order process and are to be borne by you in addition, unless free shipping is promised.

5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. Incidental costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated 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:

- Payment in advance by bank transfer
- Payment by PayPal
- Payment by credit card
- Payment by Sofortüberweisung (via Klarna)
- Payment by invoice (via Klarna)
- Payment by installment purchase (via Klarna)
- Payment by direct debit (via Klarna)
- Payment by financing (via Consors Finanz)
- Payment by Google Pay

5.6. Unless otherwise stated for the individual payment methods, the payment claims 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 another period is specified in the respective offer or under the correspondingly labeled button, delivery of the goods will take place within 3-5 days after conclusion of the contract (however, for agreed advance payment, only after the time of your payment instruction).

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 a person otherwise designated to carry out the shipment.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

Last updated: 22.10.2024