Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
  10. Redemption of Promotional Vouchers
  11. Redemption of Gift Vouchers
  12. Applicable Law
  13. Code of Conduct
  14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Miriam Kubrat, trading under “STEINARIUM Spielwaren” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These GTC apply mutatis mutandis to contracts for the delivery of tickets, unless expressly stipulated otherwise. These GTC only regulate the sale of tickets for certain events specified in more detail in the Seller’s item description and not the execution of these events. The execution of the events is exclusively subject to the statutory provisions in the relationship between the participant and the organizer, as well as any deviating conditions of the organizer. Unless the Seller is also the organizer, it is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, via online contact form, by post or by telephone.

2.3 The Seller can accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to pay after submitting their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the online order form of the Seller, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The contract text will not be made accessible beyond this by the Seller. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.5 Before binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 The order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

3.4 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Thereafter, a right of withdrawal is also excluded for contracts that have the sale of tickets for fixed-date leisure events as their object.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting a payment method offered via the “Stripe” payment service, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be separately informed. Further information about Stripe is available on the Internet at https://stripe.com/de.

4.6 When selecting a payment method offered via the “SumUp” payment service, payment processing is carried out via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. SumUp may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be separately informed. Further information about SumUp is available on the Internet at https://www.sumup.com/de-de/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller’s cancellation policy applies in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or a person authorized to receive the goods when the goods are handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the Customer as follows:

  • by download
  • by e-mail
  • by post

5.7 Tickets are provided to the Customer as follows:

  • by download
  • by e-mail
  • by post

6) Retention of Title

If the Seller makes advance payment, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • the limitation period for claims for defects is one year from delivery of the goods for new goods;
  • the rights to defects are excluded for used goods;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of deadlines do not apply

  • for claims for damages and reimbursement of expenses of the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse remain unaffected for entrepreneurs.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed to be approved.

7.5 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise stipulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to specific requirements of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for the fact that they have the right to use the content provided to the Seller. In particular, they shall ensure that no rights of third parties are violated, in particular copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against any claims by third parties that may be asserted against the seller in connection with an infringement of their rights through the seller’s contractual use of the customer’s content. The customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to immediately, truthfully, and completely provide the seller with all information necessary for examining the claims and for defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or public decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redeeming Promotional Vouchers

10.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if such a restriction is stated in the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent application is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must at least match the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

10.8 The credit of a promotional voucher will not be paid out in cash or accrue interest.

10.9 The promotional voucher will not be refunded if the customer returns goods paid for entirely or partially with the promotional voucher under their statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder’s lack of authorization, legal incapacity, or lack of power of representation.

11) Redeeming Gift Vouchers

11.1 Vouchers that can be purchased through the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise specified on the voucher.

11.2 Gift vouchers and any remaining credit on gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining credit will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent application is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

11.7 The credit of a gift voucher will not be paid out in cash or accrue interest.

11.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder’s lack of authorization, legal incapacity, or lack of power of representation.

12) Applicable Law

12.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.

12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of contract conclusion, are not citizens of a European Union member state and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

13) Code of Conduct

14) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.