Terms and conditions (01/05/2021)

Index

1. General
2. Offer and order
3. Delivery
4. Due date, payment, and default
5. Retention of title
6. Right to return goods / Cancellation policy
7. Disclaimer of warranties and liability / Complaints procedure
8. Dispute Resolution
9. Data protection
10. Copyrights
11. Legal venue

1. General

Your contractual partner for all orders within the scope of this online offer is www.spielmaterial.de, represented by Harald Mücke (sole proprietor), Pescher Str. 235, 41065 Mönchengladbach.

The following general terms and conditions apply to all contracts, deliveries, and other services. We hereby explicitly contradict any deviating regulations of the contractual partner.

www.spielmaterial.de is entitled at any time, with due notice, to change or to supplement these general terms and conditions including any and all appendices. Orders which have been received prior to any changes will be processed in accordance with the then valid general terms and conditions.

 

2. Offer and order

Our offers are nonbinding. Small deviations and technical changes compared to our images or descriptions are possible. The respective online catalogue loses validity with publication of the new version. In case of obvious misspellings, typographical or calculation errors, we are entitled to withdraw from the contract.

Our offer is subject to alteration. All prices are in Euro including VAT. VAT is shown separately on the invoice. In case you have been registered by us as NON-EU customer or as EU-non-German business partner, the shop will present you net prices (without VAT).

For information on delivery charges please refer to delivery conditions.

The order process is explained more detailed in section "order". By clicking the "Buy" button you will send your order to us, creating a legally binding offer. You will receive an e-mail confirming your order (order confirmation). The conclusion of the contract comes to pass with the sending of the items or a separate mail stating the order acceptance.

 

3. Delivery

www.spielmaterial.de's terms of payment and delivery are listed in the order form as well as on the information pages. All prices include VAT of currently 19% (gross price).

Delivery always happens plus delivery charges ex warehouse. All orders are delivered complete on principle (no partial deliveries). However, we reserve the right to make partial deliveries if this appears expedient to a speedy processing of the order. If the customer wishes a partial delivery, we reserve the right to invoice fright charges that arise from a partial delivery. Special forms of delivery that are requested by the customer shall be invoiced with customary additional fees.

Unless stipulated otherwise, delivery is ex warehouse to the delivery address indicated by the purchaser. The risk is transferred to the purchaser as soon as the delivery is accepted by the addressee, even in the case of partial deliveries.

Goods on stock will be shipped the following work-day. Thus, delivery time in Germany is 2-3 days, within the EU 4-5 days, worldwide 4-7 days, however, there can be differences in some countries which are beyond our influence. Our shop works with storage management, i.e. the user can only see and order what is on storage.

If failure to comply with the delivery or service period results from an act of nature, labour conflict, unforeseen obstacles, or other circumstances beyond our control, the delivery period shall be extended appropriately. If failure to comply with delivery deadlines results from other than the above-mentioned reasons, the purchaser is entitled to set a final deadline, threatening refusal of acceptance, and, after expiry of set deadline without results regarding delivery and services as stated in the contract, the purchaser is entitled to cancel the order.

Claims for damages for default or failure to perform, including any that arise before cancellation of contract, are excluded, unless a legal representative of www.spielmaterial.de acted deliberately or with gross negligence.

If a shipment is returned because the customer gave incorrect or incomplete information on the delivery address, a second attempt at delivery will be made by www.spielmaterial.de only if the customer concerned advises on their correct address and pays the effective shipping cost to the given address again. Alternatively, the customer is entitled to request a refund of the payment made.

 

4. Due date, payment, and default

The buying price is usually due immediately after receipt of the order, without any discounts, and to be paid within two weeks. Alternatively, www.spielmaterial.de is entitled to demand prepayment or a deposit. The goods will then only be shipped after full payment. International shipment on principle only happens after receipt of payment. The purchaser can pay via bank transfer. For the relative bank details, please refer to the delivery conditions or the invoice.

If you do not keep the payment deadline, we will in due time send you a reminder to the email address used for ordering.

Please note: default eventuates automatically and without overdue notice if no payment has taken place after 30 days, calculated from receipt of shipment.  

The customer shall owe www.spielmaterial.de default interest amounting to 5% above the discount interest rate of the German Bundesbank for the time of default. If a higher provable damaged has been caused to www.spielmateriual.de by default in payment, www.spielmaterial.de shall be entitled to assert the claim. A fine of 5 EUR will be charged on principle.

In case the reminder remains without results and there is no reaction within 5 working days, we shall pass our outstanding accounts on to a debt collecting agency. The customer shall bear any resulting costs, with the exception of a performance fee, where applicable.

As long as the invoice we sent a reminder for remains open, we will not process new orders placed by the defaulting customer.

5. Retention of title

The goods remain property of www.spielmaterial.de until payment is affected in full.

 

6. Right to return goods / Cancellation policy

Consumers have the following right of revocation

Cancellation right:

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us

www.spielmaterial.de
Proprietor: Harald Mücke
Pescher Str. 235, 41065 Mönchengladbach
Phone: 02161 – 9922982
Fax: 02161 – 9922981
E-mail: info@spielmaterial.de

of your decision to cancel this contract by a clear statement (e.g. by mail, fax or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Consequences of cancellation:

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion and/or premature expiration of the right to cancel:

The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications ore are clearly personalized.

Sample of Cancellation Form

 

7. Disclaimer of warranties and liability / Complaints procedure

www.spielmaterial.de warrants that the sold goods are free from material and manufacturing defects at the time of transfer of risk, and that they possess the contractually guaranteed characteristics. The legal warranty period is 24 months, calculated from the point of transfer of risk. This period is subject to the statute of limitations and shall also apply to claims for compensation for consequential damage, provided that no claims for unlawful acts are asserted. 

The warranty does not extend to normal wear and tear. The warranty expires if the customer changes the delivered goods.

www.spielmaterial.de reserves the right to subsequent improvement exempt of charges during the warranty period. A partial or complete exchange of the item is permissible.

In case www.spielmaterial.de is unable to perform subsequent improvements or if these are delayed past acceptable deadlines, the purchaser is eligible to withdraw from the contract or demand an appropriate reduction of the purchase price. Unless specified otherwise below, other claims of the purchaser – for whatever legal reason – are excluded. www.spielmaterial.de therefore is not liable for any damages that did not occur on the delivered item itself; in particular, www.spielmaterial.de is not liable for lost profit or for any other financial losses of the purchaser. Insofar as www.spielmaterial.de's liability is excluded or restricted, this shall also apply to the personal liability of employees, representatives, and other agents. Abovementioned limitation of liability shall not apply if the cause of damage is due to intent or gross negligence. Furthermore, it shall not apply when the purchaser asserts claims under Article 1.4 Product Liability Law, because of the absence of guaranteed characteristics, or if they claim damages for non-performance pursuant to Article 463, 480 subparagraph 2 BGB (German Civil Code). The same applies to initial incapability or justifiable impossibility. Should www.spielmaterial.de negligently violate essential contractual obligations, the liability to pay compensation for property damage or personal damage is limited to damage which typically occurs. 

In general, should you be dissatisfied with our services or the delivered items, we ask you to contact us directly so that we can solve the problem and find solutions, respectively. For the contact address, please refer to the site notice. You can reach us by phone between 8.30 am and 4.00 pm.

8. Dispute Resolution

9. Data protection

 For information on privacy please refer to the site notices.

 

10. Copyrights

When a customer supplies their own design for customised production of gaming material, the customer affirms to www.spielmaterial.de that all texts, images, etc. are free from rights of third parties. Any violations of copyrights, personality right or naming rights that might arise in this case are completely at the expense of the customer. The customer also affirms that they do not violate other rights of third parties by the customisation of the products.

The customer will exempt www.spielmaterial.de from all claims that are asserted because of a violation of such rights of third parties, insofar as the customer has to respond. The customer will reimburse www.spielmaterial.de for all resulting costs.

 

11. Legal venue

Legal venue for traders / retailers is the place of business of www.spielmaterial.de (Mönchengladbach).