General Terms and Conditions of Business

The “fine print” (general terms of business/customer information, directions for right of returns).

Instructions on the right of return >>

Scope and provider information

For all those completed contracts between FUN FACTORY GmbH and you as customer. our General Terms of Business apply. Your contract partner and contact person for this shop is:

FUN FACTORY GmbH
Am Hohentorshafen 17-19
28197 Bremen

Managing Director: Dirk Bauer
Commercial Registry Bremen HRB 20128

The contract language is German, English, French and Spanish.
Our General Terms of Business apply exclusively. We do not recognize any contradictory clauses or conditions set by the contract partners which deviate from our General Terms of Business, unless we have expressly agreed to their validity in writing.

Conclusion of Contract

Participation in our Internet services, in particular the conclusion of contracts requires that you have full legal capacity and be at least 18 years old.

The offers on the Internet represent a non-binding invitation for you to order our products. Orders are made by selection in our shop by clicking on selected items, moving these items to the basket, confirmation of the items in the "checkout" and sending the completed electronic order form by clicking the button "order." All entries will be displayed once in a confirmation window and can be corrected. By clicking on the order button, you submit a binding offer to conclude a sales contract. After you have sent the order via the Internet you cannot access the content. You can download it before sending the order to retrieve and store in the menu bar of your Internet browser (e.g. Mozilla, Internet Explorer) in reproducible form or print out.

Right of return
The following right of return does not apply if the goods ordered by you are to be used for your own commercial or independent professional activity.

Instructions on the right of return

You can return all articles to us without stating any reasons within 14 days. The deadline shall apply with the receipt of notice in written form (i.e. letter, fax, email) and not before the receipt of goods at the recipients (with multiple deliveries of similar products not before the arrival of the first partial delivery) and also not before the fulfilment of our information responsibilities in accordance with Clause 246 § 2 in association with § 1 Section 1 and 2 EGBGB as well as our obligations in accordance with § 312e Section 1 Sentence 1 BGB in association with Clause 246 § 3 EGBGB. Only in case of goods which cannot be shipped by parcel (e.g. with bulky goods) can you declare the return with a written request for collection, e.g. by letter, fax or e-mail. The timely dispatch of the goods or the request for collection is sufficient in order to meet the deadline. In any case the goods shall be returned at our cost and risk. Please also enter your bank details when you return the goods. We will reimburse the postage costs to your account immediately.

Please send the returned goods to:

FUN FACTORY GmbH Am Hohentorshafen 17-19 28197 Bremen

Consequences of return

In the event of a valid return, the services received by both parties are to be re-granted and if applicable any benefits gained (e.g. benefits from use) to be handed over. Reimbursement of value can be demanded in case of damaged goods. This shall not apply if the damage to goods is exclusively a result of their inspection - as, for example, would be customary in the retail business. Incidentally, you can avoid the obligation to reimburse value by not using the goods as an owner and refrain from all actions which decrease their value. Claims for payment must be made within 30 days. The period begins for you on the date the products were sent or when the return was requested.

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Delivery

We reserve the right not to accept an order for products. If an article is not available, we will inform you of this immediately. We reserve the right in this case to immediately reimburse the purchase price. Delivery is only in the Federal Republic of Germany. Delivery occurs through the mail or UPS to the address provided by you and as long as supplies last. The delivery costs for goods under €80 is €7 COD and with any other method of payment €5. We have the right to partial deliveries.

Prices and Conditions of Payment

Insofar as not otherwise indicated in the confirmation of order, our prices are based on delivery from the factory in Bremen, excluding packing and delivery costs (postage, freight, insurance, delivery charges etc.). All listed prices are in Euros and include sales tax. The delivery costs incurred by your order will be listed separately on your invoice.

You can pay the invoice COD, over an account using paymorrow (only in Germany) or with a credit card. Any costs occurred when paying COD are settled by you

In the case of payment by invoice (invoice purchase via paymorrow) the product ordered is shipped and/or delivered to the customer together with the invoice. The purchase price is due within 30 (thirty) calender days of the date of invoice.

Other methods of payment need to be agreed upon separately and require written approval from us.

Warranty Against Defects/Liability

Where there is a defect in the object of purchase for which we are responsible then we are entitled to choose whether to provide compensation by correcting the defect, supplying a replacement or by issuing a credit slip. Should the repair of the defect or the delivery of a replacement fail, then the contract partner is entitled to demand either changes to the contract (cancelling the contract) or a lowering of the purchase price (reduction).

If the remedy is by way of a replacement, you must first return the goods delivered within 30 days to us. If the goods are not received within that time with us, we are entitled to charge you the purchase price for the replacement product into account and debit the amount designated for payment of the tender. Defects in products must be given in written form. Send notice of defects and defect products to:

FUN FACTORY GmbH, Am Hohentorshafen 17-19, 28197 Bremen

As long as nothing thereafter arises, any further claims for whatever legal reason are ruled out. We are not responsible for damages which do not occur to the object delivered. In particular we are not liable for your losses or for other financial damages. Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents. This also applies to damages from the breach of obligations in contract negotiations as well as the making of tort law. The foregoing limitation shall not apply if damage was caused by intent or gross negligence or damage arising from injury to life, limb or health. It also does not apply if the customer claims within the meaning of product liability law or contractual obligations have been violated.

If we negligently breach a contractual obligation, our obligation to indemnify for property damage is limited to the typically foreseeable damage.

Once we refer to other websites via links, we assume no liability or responsibility for their content. At the initial link, we reviewed the foreign content to check whether it might possibly liability either civil or criminal, however, we do not constantly check the contents that our offer refers to, nor do we check changes that may give rise to liability. If we establish or are alerted by third parties that a specific product or service provided to which a link is already established which may give rise to a civil or criminal liability, we will remove the reference to this offer.

The information on our website are created with great care. Even if we assume that the provided information and content is correct, you may assume that errors or inaccuracies are contained therein. The information presented is solely for advertising purposes and are not binding. We assume no liability for the accuracy of the information and content on our site. In particular, we cannot accept any responsibility for ensuring that the information corresponds to the wishes of the users. This doesn't apply only if we have expressly agreed otherwise with the user or if we want to clearly stand by the accuracy of certain information or content.

Compensation, Withholding

You have the right to compensation if your counterclaims legally founded or have been recognized by us. In addition, you can only exercise your right to withholding if your counterclaim applies to the same contractual agreement.

Reservation of Proprietary Rights We retain the rights of ownership in the object of sale up to the time of receipt of all payments from the business connection with the contract partner. Payments occur when we have access to the amount paid.

Copyright, industrial property rights All rights in the design and the content of this website remain with us and are subject to copyright and other intellectual property rights. The publication on the World Wide Web or other Internet services does not provide consent for any other use by third parties. Copying and downloading the website or parts thereof is prohibited, unless we ask you to download this (such as certain forms or information). In any case, the reproduction or use for commercial purposes is prohibited, unless we have expressly consented to the reproduction or use in writing or by e-mail.

Data Protection

We use the data gathered during the transaction in accordance with the federal data protection laws only for processing and completing your order. More information you can read the under Data Protection section.

Participation in a dual system (disposal of sales packaging)

We guarantee that our sales packaging can be disposed of according to the packaging ordinances § 6. The licensing is handled up INTERSEROH Services Lt under the contract number 140430.

Applicable Law

The law of the Federal Republic of Germany applies.

For consumers who sign the contract not for professional or commercial purposes, this legal choice is valid only insofar as the protection provided by mandatory provisions of the laws of the state in which the consumer has his habitual residence shall not be withdrawn. The Hague Conventions of 1.7.1964 concerning uniform laws on international purchasing and the United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods do not apply.

Data Protection Policy

You have the right to determine how your personal details are used. For this reason, we see it as our responsibility to protect the personal information provided us during your visit to our website. We explain below what data is made available to us and what happens with it.

Scope

The data protection policy applies for our entire internet site. It does not apply for web pages from other providers whose links are found on our website.

Monitoring

Every time a page on our website is entered and each time data is requested, the following access data about each transaction is saved in a log on our server:

• IP Address
• Pages from which the data was requested
• Date, time, type of browser, browser settings, operating system, web page visited, transferred data amount, access status (data transferred, data not found etc.)

Statistics are generated from this data, which help us to fine-tune our internet site to your needs.

A personal profile can not be gleaned from this data, and the data, even in partial form, can not be passed on to a third party.

Right of access and correction of saved personal data

In accordance with § 34 und § 6b BDSG, users have the right to request information about saved personal information free of charge. In addition, according to law, users have the right to correct, bar and delete personal information.

Purchase on account with paymorrow

For assessing liability and credit risk, paymorrow or paymorrow responsible partners will transmit address details, within the limits of the law and taking into account your legitimate interest in the exclusion of such a transmission or use when registering to purchase on account, to a credit check agency for a credit check. These can (in Germany) among others be the following institutions:

Bürgel, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg, Tel.: +49 (0) 40 - 89 80 3 - 0, Fax: -777
KQIS KarstadtQuelle Information Services GmbH , Adam-Opel-Straße 18, 60386 Frankfurt, Tel.: +49 (0) 69 - 42091-255, Fax: -297
DeltaVista. Deltavista GmbH, Kaiserstraße 217, D-76133 Karlsruhe,
Tel.: +49 721 255 11 0, Fax: - 22

For the purpose of credit checks paymorrow or paymorrow partners will, where necessary, request from the abovementioned institutions credit information based on mathematical-statistical processes.

In this case, you approve the transmission of your first and last name, street, house number, zip code, town, as well as your birth date to the aforementioned institutions.

paymorrow in connection with this establishes that the partner institution engaged as well as the aforementioned institutions only process and use your data for the intended purpose.

All credit checks take place to rule out any difficulties with payment.

Exchange of data between paymorrow and paymorrow partner institutions and other credit information services protects online commerce from damages which on the long-term effect sales prices. As a customer you profit in this sense from checking customer data.

 

Consent to verification of identity:
If purchasing by invoice via paymorrow GmbH, you agree that your personal data shall be transmitted for the purposes of identity verification to SCHUFA (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany) and the SCHUFA thereupon will provide feedback to paymorrow GmbH concerning the degree of correlation between the personal data stored by it and the personal data provided by you in percentage values, as well as - if applicable - provide information on any ID-based legitimacy verification previously carried out at SCHUFA or by another contract partner. Paymorrow GmbH can thus use the information concerning the degree of correlation to determine whether there are SCHUFA records on any person matching the address information provided by you. There will be no other data exchange or transmission of different addresses, nor will your data be stored in the SCHUFA records. Merely the fact of the address verification is recorded at SCHUFA for reasons of proof.  

Cookies 

A cookie records the information a web server sends to a browser which then sends it back to the web server. Cookies use hypertext transfer protocol to increase the capability for saving information between requests. You can differentiate between persistent cookies and session cookies. The former are permanently saved (for example on the hard drive), while the latter are saved only for the duration of your visit.

Most browsers are set to automatically accept cookies. You can deactivate saving cookies or set your browser so that it informs you every time a cookie is sent.

We deploy cookies on our site. The information is not saved permanently. Using cookies for a limited time gives you the advantage, for example, when filling out various order forms, of not having to constantly re-enter personal details. Cookies are automatically deleted when the browser is closed.

Processing personal information 

We give you the opportunity on our website to contact us and order a newsletter. The personal information gathered is used only for the purpose for which you have released it. The information is not passed on to a third party.

Changes to Data Protection Policy 

Should new factors arise, such as the amendment of a federal data protection law, we will update our data protection policy.