Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with me as the supplier Ferdinand Dorendorf (hereinafter: SELLER) via the website www.cultbricks.de as the customer (hereinafter: CUSTOMER). Unless otherwise agreed, the inclusion of any terms and conditions of your own that may be used by you is objected to.
(2) A CUSTOMER within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) The contract is concluded via the online shopping cart system as follows:
The CUSTOMER can place the goods intended for purchase in the shopping "cart" by clicking on the corresponding button. The CUSTOMER can call up the shopping "cart" at any time using the corresponding buttons and make changes there or remove or reduce the quantity of input errors, in particular items erroneously placed in the shopping "cart". After clicking the "Checkout" button in the "Cart", the CUSTOMER is taken to the "www.cultbricks.de/checkouts" page. There, after entering the personal data and the payment and shipping conditions, the CUSTOMER is finally shown the order data as an order overview.
If the CUSTOMER uses an instant payment system (e.g. PayPal / PayPal Express, instant bank transfer) as a payment method, the CUSTOMER will either be redirected to the order overview page of the SELLER's online shop or to the website of the provider of the instant payment system.
If the CUSTOMER is redirected to the respective instant payment system, the CUSTOMER shall make the corresponding selection or enter his/her data there. Finally, the CUSTOMER is shown the order data as an order overview on the website of the provider of the instant payment system or after the CUSTOMER has been redirected back to the SELLER's online shop.
Before submitting the order, the CUSTOMER has the possibility to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("Buy now" or similar designation), the CUSTOMER declares the legally binding acceptance of the offer, whereby the contract is concluded.
(3) The presentation of the products in the SELLER's online shop is merely a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the items contained in the shopping basket. The SELLER will immediately confirm the reception of the order automatically by e-mail. The automated order confirmation of the shop system does not constitute a contractual relationship. The SELLER will accept the CUSTOMER's offer after checking the stock of goods by a separate declaration of acceptance by e-mail or by sending the goods within a period of 2 to 6 working days after the order. Only with this separate declaration of acceptance or with receipt of the goods within the aforementioned period shall the purchase contract come into effect. The issuing of an invoice is equivalent to a declaration of acceptance.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(5) The original contract language is German. This is merely a English translation of the original terms and conditions. If something remains unclear the CUSTOMER has to contact the SELLER via the contact information given in the legal notice.
§ 3 Storage of the text of the contract
The text of the contract shall be stored by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The GTC can also be called up in the online shop and printed out.
§ 4 Right of revocation
Consumers are generally entitled to a statutory right of revocation. The legal regulations regarding any existing right of revocation are contained exclusively in the revocation instructions, which can be called up by the CUSTOMER as part of the ordering process.
§ 5 Prices and shipping costs
(1) The prices valid on the day of the order as displayed in the online shop shall apply.
(2) The prices displayed in the online shop are in euros or the local currency of the buyer and include the statutory value added tax.
(3) The following applies to the purchase of goods delivered in a parcel or otherwise by post: The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the order overview before the order is placed.
§ 6 Terms of payment
(1) The SELLER only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects his preferred method of payment from the available payment methods himself.
(2) If a delivery is made against advance payment by bank transfer, the CUSTOMER shall transfer the payment of the purchase price plus any delivery and shipping costs incurred to the SELLER prior to delivery. Delivery will be made after receipt of the full invoice amount on the account of the SELLER.
(3) If delivery is made against invoice, the net purchase price (without deduction) is due for payment immediately, at the latest within 14 days from the invoice date or after receipt of the goods. The statutory provisions regarding the consequences of default in payment shall apply.
(4) If payment is made by Sofortüberweisung or Giropay, the CUSTOMER must have an activated online banking account with PIN/TAN procedure. At the end of the ordering process, the CUSTOMER is requested to enter his account number, bank code, PIN and TAN in the form pre-filled by the SELLER (bank details, transfer amount, purpose). Immediately afterwards, the transaction is confirmed to the CUSTOMER.
(5) If a delivery is made against payment by credit card, the CUSTOMER, by disclosing his credit card details, authorises the relevant credit card company to debit the full invoice amount, including any delivery and shipping costs incurred, when due. In this case, the debit will be initiated with the order confirmation.
(6) If payment is made via PayPal, the CUSTOMER must have a PayPal account and legitimise himself with his access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER.
(7) CUSTOMERS who are ENTREPRENEURS in the sense of § 14 BGB (German Civil Code) are only entitled to set-off rights if the counterclaims have been legally established, are undisputed or acknowledged by the SELLER or if the opposing claims are based on the same legal relationship. This prohibition of set-off does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
§ 7 Right of Retention, Retention of Title
(1) The SELLER retains title to the goods sold until the purchase price has been paid in full.
(2) The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or assigned as security before full payment of the secured claims. The CLIENT shall immediately notify the SELLER in text form if and to the extent that third parties seize the SELLER's goods.
(3) In case of behaviour of the CUSTOMER contrary to the contract, in particular in case of non-payment of the due purchase price, the SELLER is entitled to withdraw from the contract according to the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER has previously been unsuccessfully set a reasonable deadline for payment or such a deadline is dispensable according to the statutory provisions.
§ 8 Delivery and shipping conditions - information on the calculation of the delivery date
(1) Unless otherwise agreed with the CLIENT, the delivery of the goods, which are delivered in a parcel or otherwise by post, shall be made by post (parcel, small package, letter, forwarding agent, etc.) to the delivery address provided by the CLIENT in the order.
(2) The delivery time is indicated separately for the respective item or in the product description on the item page.
(3) The delivery time stated on the article page begins in the case of payment in advance on the working day after the CUSTOMER's payment order to the transferring bank, or in the case of all other payment methods on the working day after the day of the conclusion of the contract.
(4) In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item shall pass to the CUSTOMER upon handover to the entrepreneur himself or to a person authorised to receive the goods, or in the case of a mail order purchase, upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item shall pass to the consumer in accordance with § 446 of the German Civil Code (BGB) when the goods are handed over to the consumer. With regard to the transfer of risk, it is equivalent to the handover if the CUSTOMER is in default of acceptance.
(5) Orders can be placed by all customers from Denmark, Finland, France, Germany, Greece, Ireland, Italy, Croatia, Luxembourg, Netherlands, Austria, Poland, Portugal, Sweden, Spain, Czech Republic and Hungary. Orders will only be delivered these countries. For details on shipping, shipping time, shipping costs and taxes depending on the country see the corresponding page on this website.
(6) In case of delays in delivery, the SELLER will inform the CUSTOMER immediately.
(7) If the carrier returns the object of purchase to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for a new shipment. This does not apply if the CUSTOMER has exercised a possibly existing right of withdrawal parallel to the refused acceptance or if he is not responsible for the circumstance which led to the impossibility of delivery or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER had given him reasonable prior notice of the service.
(8) The minimum order value is: 9,00€.
(9) A maximum of 10 pieces of each item may be ordered and a maximum of 50 items may be purchased in total per order. If this is exceeded, the order will be cancelled.
§ 9 Warranty/legal liability for defects rights
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 10 Liability
(1) The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER shall be governed by these provisions outside the warranty law without regard to the legal nature of the claim.
(2) The SELLER's liability is excluded - irrespective of the legal grounds - unless the cause of damage is due to intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. As far as the SELLER's liability is excluded or limited, this shall also apply to the personal liability of the SELLER's employees, representatives or vicarious agents. The SELLER's liability under the Product Liability Act remains unaffected (§ 14 ProdHG - Germany).
(3) For damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER, the SELLER shall be liable in accordance with the statutory provisions.
(4) If the SELLER at least negligently breaches an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability shall be limited to the typically occurring damage, i.e. to such damage which must typically be expected to occur within the framework of the contract. An essential contractual obligation or cardinal obligation in the aforementioned sense is an obligation the fulfilment of which makes the proper performance of this contract possible in the first place and on the observance of which the CLIENT regularly relies and may rely.
§ 11 Data storage and data protection
The data protection provisions of the data protection declaration on the website www.cultbricks.de apply exclusively.
§ 12 Notice pursuant to Art. 14 ODR Regulation
(1) CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the option of conducting an online conciliation procedure in the event of a dispute on the EU portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognised conciliation body. For this purpose, they can use the EU online conciliation platform at the URL: https://ec.europa.eu/consumers/odr.
(2) The online conciliation procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.
(3) Other national provisions on the conduct of conciliation proceedings shall remain unaffected by the above provisions in sections (1) and (2).
§ 13 Notice pursuant to § 36 VSBG
(1) CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the option of seeking alternative dispute resolution within the meaning of § 36 of the VSBG.
(2) The alternative dispute resolution procedure is not a mandatory prerequisite for resorting to competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.
(3) The seller does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(3) If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the SELLER's place of business in 14169 Berlin, Germany.
(4) The same shall apply if the CUSTOMER is an entrepreneur and has no general place of jurisdiction in Germany or his place of residence or habitual abode is not known at the time the action is brought. The SELLER's right to also invoke the court at another statutory place of jurisdiction remains unaffected by this.
II. Customer information
1. identity of the seller
Ferdinand Dorendorf
Onkel-Tom-Straße 111
14169 Berlin
Germany
Phone: 0174 4955780
E-mail: hello@cultbricks.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.