Terms & Conditions
§ 1 validity, definitions of terms
(1) Brainbow Handelsunternehmen GmbH, Heribertstraße 85, 52372 Kreuzau, Germany, Germany (hereinafter: "we" or "Brainbowtoys") operates an online shop for goods at https://brainbowtoys.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" for the purposes of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. "Entrepreneur" means a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership with the capacity to acquire rights and liabilities ,
§ 2 conclusion of the contracts, storage of the contract text
(1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at https://brainbowtoys.de.
(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following rules apply: The customer makes a binding contract offer by successfully passing through the order procedure provided for in our online shop. The order is made in the following steps:
- Selection of the desired product,
- Add the products by clicking on the corresponding button (eg "Add to cart", "In the shopping bag" or similar),
- Checking the details in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (eg "Continue to checkout", "Continue to pay", "To order overview" or similar),
- Input / verification of address and contact details, choice of payment method, confirmation of terms and conditions and cancellation policy,
- Completion of the order by pressing the button "buy now". This represents your binding order.
- The contract is concluded by sending us an order confirmation from us within three working days to the specified e-mail address.
(4) If the contract is concluded, the contract is concluded with Brainbow Handelsunternehmen GmbH, Heribertstrasse 85, 52372 Kreuzau, Germany, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place via e-mail after the order has been triggered by you, partly automated. We do not save the contract after conclusion of contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (eg »back button« of the browser). You can also correct this by canceling the order process early, closing the browser window and repeating the process.
(7) The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. They have, therefore, ensure that you stored in your e-mail address is correct, the receiving of emails is technically assured and especially not inhibited by SPAM filters.
§ 3 subject matter of the contract and essential characteristics of the products
(1) The subject of our online shop is:
- The sale of goods. The concrete goods offered can be found on our article pages.
(2) The main features of the goods can be found in the item description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 prices, shipping and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we explicitly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for immediate payment.
(3) In addition to the prices quoted, shipping costs may apply to the delivery of products, unless the respective item is shown as free shipping. The shipping costs are clearly communicated to you on the offers, if applicable in the shopping cart system and on the order summary.
(4) Unless otherwise stated in the product description, all products offered are ready for immediate dispatch (delivery time: ordered by 14:00 p.m., dispatched the same day after receipt of payment).
(5) If it is not possible to deliver the goods you have ordered to you or a person who is ready to receive them at the address you have given, DHL will send the goods back to us after another attempt. DHL incurs additional costs for this. You only have to bear these costs as well as the costs of the re-dispatch, which are calculated at a flat rate of € 8,50, if the failed delivery is due to reasons for which you are responsible, e.g. because you provided an incorrect address , the goods could repeatedly not be delivered due to your absence or a person willing to receive, etc.). Your order will then be canceled. The amount paid, minus the flat-rate € 8,50, will be refunded to you.
(6) The following delivery area restrictions exist: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Italy, Kuwait, Luxembourg , Monaco, Netherlands, Norway, Poland, Portugal, Qatar, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom (UK).
§ 5 retention, retention of title
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Withdrawal
As a consumer, you have a right of withdrawal. This depends on ours Cancellation Policy.
Section 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contract or tort is limited to willful misconduct or gross negligence.
(2) We are liable for slight negligence in the event of injury to life, limb, health or breach of a contractual obligation unlimited. If we are in default by slight negligence, if the performance has become impossible or if we have violated a contractual obligation, the liability for damage to property and pecuniary loss resulting from this is on the contract-typical foreseeable damage limited. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which you may regularly rely. This includes in particular our obligation to act and the performance of the contractually owed service, which is described in § 3.
§ 8 contract language
As contract language german will be available exclusively.
§ 9 Warranty / Customer Service
(1) The warranty is governed by the law.
(2) As a consumer, you are requested to check the item / digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this of course has no effect on your statutory warranty claims.
(3) Our customer service for questions, complaints and complaints is available Mon.-Fri. from 09 a.m. to 17 p.m. by email: firstname.lastname@example.org and / or phone: +49 (2422) 9048455.
§ 10 final provisions
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
(3) If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
Alternative dispute resolution under Article 14 1 para ODR Regulation and § 36 VSBG..:
The European Commission is providing a platform for online dispute resolution (OS), which you can https://ec.europa.eu/consumers/odr find. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer-enforcement agency.