General Terms and Conditions of Delivery and Payment of Bruder Spielwaren GmbH + Co. KG

I. Scope

For the business relationship between BRUDER Spielwaren GmbH + Co. KG (hereinafter referred to as BRUDER) as the operator of the online shop and the customer, the following General Terms and Conditions apply exclusively. Any deviating provisions are only valid if these have been expressly agreed between BRUDER and the customer in writing.

II. Conclusion of the Contract

The goods offered in the BRUDER online shop constitute a non-binding invitation to the customer to order goods in the online shop.

The ordering of goods is a binding offer to BRUDER to conclude a purchase contract. After completion of the ordering process, the customer receives an online confirmation of receipt of the order (order confirmation). This order confirmation does not yet constitute acceptance of the offer, but merely informs the customer that the order has been received by BRUDER.

The purchase contract between the two parties is concluded when the ordered products are shipped in connection with the delivery note or invoice.

III. Cancellation Policy

Right of Revocation

You have the right to cancel this contract within fourteen days without specifying reasons and to return the item unplayed with and in its original packaging. The cancellation period is fourteen days starting on the day

- on which you or a third party designated by you, who is not a freight carrier, have or has taken possession of the goods, insofar as you have ordered one or multiple goods in the scope of a single order and it/they is/are delivered on a single occasion;

- on which you or a third party designated by you, who is not a freight carrier, have or has taken possession of the last item, insofar as you have ordered multiple goods in the scope of a single order and they are delivered separately.

In order to exercise your right of revocation, you must notify us (BRUDER Spielwaren GmbH & Co. KG, Bernbacher Str. 94-98, telephone number: +49 (0) 91175209230, fax number: +49 (0) 99175209229, service@bruder.de) with a clear declaration (e.g. by letter sent via mail, fax or email) of your decision to cancel this contract. You can use the included return form, however this is not mandatory.

In order to observe the cancellation period, it is sufficient that you send the notification of your decision to exercise the right of revocation prior to the lapse of the cancellation period.

The postage costs for the return shipment are borne by the buyer.

Consequences of Cancellation

If you cancel this contract, we must refund the payments which we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of delivery than the affordable standard delivery offered by us), immediately, within fourteen days at the latest, starting on the day on which we have received notification of your cancellation of this contract. In the case of partial returns, we will only refund the value of the returned items.

For this refund we use the same payment method that you used for the original transaction, unless something different has been expressly agreed upon with you. We do not charge you a fee for the refund. We can refuse the refund until we have received the returned goods or you furnish proof that you have sent the goods, whichever takes place earlier.

You must immediately return or hand over the goods to us no later than fourteen days from the day on which you have notified us of the cancellation of this contract. The period has been observed if you send the goods before the lapse of the fourteen day period. You bear the direct costs for the return of the goods unless something expressly different has been contractually agreed upon.

You are only responsible for any loss in value of the goods if this loss in value is based on unnecessary handling by you in the course of an inspection of the characteristics, properties and function of the goods.

Grounds for Exclusion and Forfeiture

The right of revocation does not exist for contracts

- for the supply of goods which are not prefabricated and for which a custom selection or decision by the consumer is essential for the production thereof or which are uniquely tailored to the personal needs of the consumer;

- for the supply of goods which deteriorate quickly or for which the expiration date passes quickly;

- for the supply of alcoholic beverages, the price of which was agreed upon with the conclusion of contract, but can be delivered no sooner than 30 days after the conclusion of contract and the current value of which is subject to market fluctuations on which the contractor has no influence;

- for the supply of newspapers, magazines or illustrated periodicals with the exception of subscription agreements.

The right of revocation expires prematurely for contracts

- for the supply of sealed goods which are not suitable for return based on reasons of health protection or hygiene, if the seal was removed after delivery; for the supply of goods which have been combined with other goods after the delivery in a manner which makes them inseparable due to their characteristics;

- for the supply of audio and video recordings or computer software in a sealed package , if the seal has been removed after delivery.

You can download the return form here.

End of the Cancellation Policy

IV. Delivery and Delivery Areas

The items are delivered from the warehouse to the delivery address provided by the customer. Any information about the delivery period is non-binding. Delivery is carried out by third parties commissioned by BRUDER.

We deliver to the following countries:

Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Iceland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom, Cyprus

If an item is not available and therefore BRUDER cannot fulfil its contractual obligations, BRUDER is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the product they have ordered is not available.

V. Shipping Costs

BRUDER charges a flat shipping fee per order for the delivery of its items. The flat shipping fee is shown in the table below.

Country

Shipping costs

Germany

5,00 €

Belgium, Denmark, the Netherlands, Austria

9,00 €

France

11,00 €

Luxembourg, UK

12,00 €

Ireland, Switzerland

13,00 €

Estonia, Croatia, Latvia, Lithuania, Poland, Portugal, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus

14,00 €

Bulgaria, Finland, Greece, Italy, Lichtenstein, Malta, Romania, Sweden

16,00 €

Iceland, Norway

18,00 €

The customer will be informed of the shipping costs during the ordering process.

VI. Payment Terms

All prices quoted are final prices, which include the current statutory value added tax in Germany. Final prices do not include shipping costs.

Pricing is based on the delivery address.

Invoices are based on the price shown at the time that the offer is submitted. The payment of the goods will be made via the payment option you have chosen.

VII. Retention of Title

The delivered goods remain the property of BRUDER until full payment has been made.

VIII. Warranty and Limitation of Liability

If there is a defect in the purchased and delivered item, the statutory provisions apply.

Unless otherwise stated below, further claims of the customer are excluded. BRUDER is not liable for damages that have not arisen on the delivery item itself; in particular, BRUDER is not liable for loss of profit or other financial losses of the customer. Insofar as contractual liability is excluded, this also applies to the personal liability of employees, representatives and vicarious agents.

The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury.

If BRUDER negligently violates an essential contractual obligation, the obligation to compensate for damage to property is limited to the typically foreseeable damage, which as a rule does not exceed the purchase price of the ordered goods.

IX. Data Protection

BRUDER treats customer data with the utmost care and attaches great importance to compliance with data protection. In all instances of data collection, data processing and data use, BRUDER acts in accordance with the statutory provisions.

BRUDER uses the data provided by the customer when placing an order for the processing and fulfilment of the order. The data will only be passed on to third parties if this is necessary for order processing and these third parties have been commissioned by BRUDER for this purpose (e.g. shipping services).

The customer agrees to the use of the order data and address data by BRUDER for its own marketing purposes. These data will not be passed on for marketing purposes of third parties.

Note: You can revoke your consent to the use and processing of your personal data for marketing purposes at any time by means of an informal communication by post or email. This does not apply to the information required to process the order.

For further information, please refer to the Privacy Policy.

Link to the Privacy Policy:

www.bruder.de/en/footer/data-privacy.html

X. Applicable Law

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Last updated: April 2020