General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of cancellation
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Granting of rights of use for digital content
  7. Retention of title
  8. Liability for defects (warranty)
  9. Applicable law
  10. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereafter “GTC”) of Tobias Nieder, trading under “The Brick-Collective” (hereafter “Seller”), in force for all contracts about the shipments of goods, that a consumer or entrepreneur (hereafter „Customer“) concludes with the seller with regard to the goods presented by the seller in his online store. Hereby we object to inclusion of the Customer’s own terms and conditions, unless otherwise agreed upon.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.3 A consumer is in the sense of these GTCs every natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to their commercial activity nor to their independent professional activity.

1.4 An entrepreneur is in the sense of these GTCs a natural or legal person or a partnership with legal capacity that acts upon conclusion of a legal transaction in the exercise of their commercial or independent professional activity .

2) Conclusion of contract

2.1 The product descriptions that are available in the Seller’s online shop do not constitute binding offers on the part of the Seller, bur serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form that is integrated in the Seller’s online shop. By clicking the button that concludes the order process, after the Customer has put the selected goods into the virtual shopping cart and has gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the Customer can submit the offer via e-mail or online contact form to the Seller.

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

  • by submitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby in this respect the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby in this respect the arrival of the goods at the Customer’s premises is decisive, or
  • by asking the Customer for payment after placing the order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, it shall be deemed to be a rejection of the offer with the effect that the Customer is no longer bound by his declaration of intent.

2.4 When choosing a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, viewable under https://www.paypal.com/webapps/mpp/ua/useragreement-full or – if the Customer does not own a PayPal account – subject to the conditions for payments without PayPal account, viewable under https://www.paypal.com/webapps/mpp/ua/privacywax-full. If the Customer pays via a payment method offered by PayPal that can be selected in the online order process, then the Seller declares already now the acceptance of the offer of the Customer at the moment when the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Seller’s online order form the text of the contract is stored by the Seller after conclusion of contract and is transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller will not provide any further access to the text of the contract. If the Customer has set up an account for the online shop before sending his order, the order information will be archived on the Seller’s website and the Customer can retrieve the data for free via his password protected user account by specifying the corresponding login data.

2.6 The Customer can detect possible input errors by carefully reading the information displayed on the screen before submitting the binding order via the Seller’s online order form. The browser’s zoom function, with the help of which the display on the screen is enlarged, can be an effective technical tool for better recognizing input errors. Within the scope of the electronic ordering process, the Customer can correct his input using the usual keyboard and mouse functions until he clicks the button that completes the order process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order process and contacting usually take place via e-mail and automated order processing. The Customer has to make sure that the e-mail address provided by him for the purpose of order processing is correct, so that the e-mails sent by the Seller can be received at this address. The Customer has to make sure that all emails sent by the Seller, or by a third party commissioned by him with the processing of the order, can be delivered, especially when using a SPAM filter.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 The Seller’s cancellation policy provides further information about the right of cancellation.

3.3 The right of cancellation does not apply for consumers that do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 The indicated prices are full prices unless otherwise stated in the product description of the seller. Sales tax is not shown since the Seller is a small entrepreneur within the meaning of the German Value Added Tax Act (UStG). Potential additional delivery and shipping costs are specified separately in the respective product description.

4.2 On a case-by-case basis there might be further costs when shipping to countries outside of the European Union for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, the costs for money transfer via credit institutes (e.g. remittance fees, exchange rate fees) or import duties or taxes (e.g. customs duties). In relation to the transmission of money, such costs can also occur if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside of the European Union.

4.3 The payment option/s is/are communicated to the Customer via the Seller’s online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, provided that the parties did not agree on a later due date.

4.5 When choosing the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereafter: „Stripe“). Stripe reserves the right to carry out a credit assessment and to refuse this payment method in the event of a negative credit check.

5) Delivery and shipping conditions

5.1 If the Seller offers the shipment of the wares, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the Seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, then the Customer bears the reasonable costs incurred by the Seller as a result thereof. This shall not apply with regard to the costs for the return shipment if the Customer effectively exercises its right of cancellation. In the event of an effective exercise of the right of cancellation by the Customer, the provision made in the Seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass until the goods have been handed over to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, when the Customer has instructed the forwarder, 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 case of incorrect or improper self-delivery. This is only valid in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort in order to obtain the goods. In the event of unavailability or of only partial availability of the goods, the Customer will be immediately informed and the consideration will be refunded without delay.

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

5.6 Digital contents are provided to the Customer exclusively in electronic form as follows:

  • – via download
  • via E-Mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the contents description in the Seller’s online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.

6.2 A further transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not allowed for as long as the Seller has not given consent to a transfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has paid the remuneration owed in full. The Seller can provisionally permit the use of the contents covered by the contract even before this date. A transfer of rights does not take place as a result of such provisional permission.

7) Retention of title

If the Seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for defects (warranty)

8.1 Unless otherwise indicated in the following regulations, the provisions of the statutory liability for defects shall apply. Deviating from the above, the following shall apply to contracts for the delivery of goods:

8.2 If the Customer acts as entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • if for new goods the limitation period for defects is one year from delivery of the goods,
  • the rights and claims due 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.

8.3 The previously regulated limitations of liability and shortening of time limits do not apply

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

8.4 Beyond that, it applies to entrepreneurs that the statutory limitation periods for a possibly existing statutory recourse claim remain unaffected.

8.5 If the Customer acts as merchant within the meaning of § 1 HGB, he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 377 HGB (German Commercial Code). If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

8.6 If the Customer acts as consumer, he will be asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller about it. If the Customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

9) Applicable law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods For consumers this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.

9.2 Furthermore, this choice of law, with regard to the statutory right of cancellation, does not apply for consumers that did not belong to a member state of the European Union at the time of the conclusion of contract and whose ole residence and delivery address are outside the European Union at the time the contract is concluded.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes resulting from online purchase or service contracts in which a consumer is involved.

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


General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of cancellation
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Granting of rights of use for digital content
  7. Retention of title
  8. Liability for defects (warranty)
  9. Applicable law
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms & Conditions (hereafter “GTC”) by Tobias Nieder, trading under “The Brick-Collective” (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 his online store. Hereby we object to inclusion of the Customer’s own terms and conditions, unless otherwise agreed upon.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are primarily not related to his or her commercial or independent professional activities.

1.4 An entrepreneur within the meaning of these GTC a a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions in the online shop of the Seller do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer over the online order form that is integrated in the online shop of the Seller. By clicking the button that concludes the order process, after the Customer has put the selected goods into the virtual shopping cart and has gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the Customer can submit the offer via e-mail or online contact form to the Seller.

2.3 The Seller can accept the offer of the Customer within fice days

  • by submitting a written order confirmation or an order confirmation in text form (fax or email) to the customer, whereby in this respect the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby in this respect the arrival of the goods at the Customer’s premises is decisive, or
  • by asking the Customer for payment after placing the order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, it shall be deemed to be a rejection of the offer with the effect that the Customer is no longer bound by his declaration of intent.

2.4 When choosing a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereafter: „PayPal“), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions of payment without PayPal account, which can be viewed at https://www.paypal.com/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller declares already now the acceptance of the offer of the Customer at the time when the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the online order form of the Seller, the contract text will be saved by the Seller after the conclusion of the contract and will be transmitted to the Customer after submitting the order in text form (i. e. e-mail, fax or letter). The Seller will not provide any further access to the text of the contract. If the Customer has set up an account for the online shop before sending his order, the order information will be archived on the Seller’s website and the Customer can retrieve the data for free via his password protected user account by specifying the corresponding login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can detect possible entry errors by attentively reading the information displayed on the display. The browser’s zoom function, with the help of which the display on the screen is enlarged, can be an effective technical tool for better recognizing input errors. Within the scope of the electronic ordering process, the Customer can correct his input using the usual keyboard and mouse functions until he clicks the button that completes the order process.

2.7 The German and the English language are available for the conclusion of contract.

2.8 The order process and contacting usually take place via e-mail and automated order processing. The Customer has to make sure that the e-mail address provided by him for the purpose of order processing is correct, so that the e-mails sent by the Seller can be received at this address. The Customer has to make sure that all emails sent by the Seller, or by a third party commissioned by him with the processing of the order, can be delivered, especially when using a SPAM filter.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information to the right of withdrawal result from the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to Customers who do not belong to a member state of the European Union at the time of the conlusion of contract and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the product description of the Seller, the indicated prices are total prices. Sales tax is not shown since the seller is a small entrepreneur within the meaning of the German Value Added Tax Act (UStG). Potential additional delivery and shipping costs are specified separately in the respective product description.

4.2 For shipments to countries outside of the European Union further costs may occur on a case-by-case bases, for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, the costs for money transfer via credit institutes (e.g. remittance fees, exchange rate fees) or import duties or taxes (e.g. customs duties). In relation to the transmission of money, such costs can also occur if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside of the European Union.

4.3 The payment option/s are communicated to the Customer via the online shop of the Seller.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, provided that the parties did not agree on a later due date.

4.5 When choosing the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereafter: „Stripe“). Stripe reserves the right to carry out a credit assessment and to refuse this payment method in the event of a negative credit check.

5) Delivery and shipping conditions

5.1 If the Seller offers the shipment of the wares, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, then the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the Customer effectively exercises its right of cancellation. In the event of an effective exercise of the right of cancellation by the Customer, the provision made in the Seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass until the goods have been handed over to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, when the Customer has instructed the forwarder, 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 case of incorrect or improper self-delivery. This is only valid in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort in order to obtain the goods. In the event of unavailability or of only partial availability of the goods, the Customer will be immediately informed and the consideration will be refunded without delay.

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

5.6 Digital content will be provided to the Customer as follows:

  • via download
  • via e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the contents description in the Seller’s online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.

6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has paid the remuneration owed in full. The Seller can provisionally permit the use of the contents covered by the contract even before this date. A transfer of rights does not take place as a result of such provisional permission.

7) Retention of title

If the Seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for defects (warranty)

8.1 Unless otherwise indicated in the following regulations, the provisions of the statutory liability for defects shall apply. Deviating from the above, the following shall apply to contracts for the delivery of goods:

8.2 If the Customer acts as entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • if for new goods the limitation period for defects is one year from delivery of the goods,
  • the rights and claims due 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.

8.3 The previously regulated limitations of liability and shortening of time limits do not apply

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

8.4 Beyond that, it applies to entrepreneurs that the statutory limitation periods for a possibly existing statutory recourse claim remain unaffected.

8.5 If the Customer acts as merchant within the meaning of § 1 HGB, he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 377 HGB (German Commercial Code). If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

8.6 If the Customer acts as consumer, he will be asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller about it. If the Customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

9) Applicable law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply in the case of consumers, that did not belong to a member state of the European Union at the time of the conclusion of contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes resulting from online purchase or service contracts in which a consumer is involved.

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