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About Us Legal website operator
identification: Stefan Grabner A brick per day
e.U. Erlenweg, 11 8200 Brodersdorf Austria
Telephone: 436603888281 E-Mail: lego@stefangrabner.at
VAT No.: ATU72476046 Wi ID no.: 29666966
Alternative dispute resolution:
The European Commission provides a platform for the
out-of-court resolution of disputes (ODR platform), which can be
viewed under https://ec.europa.eu/odr. We are
neither willing nor obliged to participate in dispute resolution
proceedings before consumer arbitration boards.
We are a member of the initiative „FairCommerce“
since 14.12.2018 .
For more information, see: www.haendlerbund.de/faircommerce.
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to
either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within 14 days
without specifying any reasons. The revocation period is 14 days
with effect from the day, - on which you or a third
party nominated by you, which is not the carrier, had taken possession
of the products, provided you had ordered one or more products within
the scope of a standard order and this/these product/products is/are
delivered uniformly; - on which you or a third party
nominated by you, which is not the carrier, had taken possession of
the last product, provided you had ordered several products within the
scope of a standard order and these products are delivered
separately; To exercise your right of withdrawal, you
must inform us (Stefan Grabner, Erlenweg, 11, 8200
Brodersdorf, Telephone number: +436603888281, E-Mail address:
lego@stefangrabner.at) by means of a clear declaration (e.g.
a letter sent by post, or an e-mail) of your decision to withdraw from
this contract. You can use the attached model withdrawal form for this
purpose, which is, however, not mandatory. In order to
safeguard the revocation period, it is sufficient that you send the
notification about the exercise of the revocation right before the
expiry of the revocation period. Consequences of
the revocation
If you revoke this contract, we shall repay all the
payments, which we received from you, including the delivery costs
(with the exception of additional costs, which arise from that fact
that you selected a form of delivery other than the most reasonable
standard delivery offered by us), immediately and at the latest within
14 days from the day on which we received the notification about the
revocation of this contract from you. We use the same means of
payment, which you had originally used during the original
transaction, for this repayment unless expressly agreed otherwise with
you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to
us or until you have furnished evidence that you have sent the
products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any
case, at the latest within 14 days with effect from the day on which
you inform us of the revocation of this contract. The deadline is
maintained if you send the products before the expiry of the 14 day
deadline. You bear the direct costs for returning the
products. You must pay for any depreciation of the
products only if this depreciation can be attributed to any handling
with you that was not necessary for checking the condition, features
and functionality of the products. Criteria for
exclusion or expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and
for whose manufacturing an individual selection or stipulation by
the consumer is important or which are clearly tailored to the
personal requirements of the consumer;
- for delivery of
products, which can spoil quickly or whose use-by date would be
exceeded quickly;
- for delivery of alcoholic drinks, whose
price was agreed at the time of concluding the contract, which
however can be delivered 30 days after the conclusion of the
contract at the earliest and whose current value depends on the
fluctuations in the market, on which the entrepreneur has no
influence;
- for delivery of newspapers, periodicals or
magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for
return for reasons of health protection or hygiene if their seal has
been removed after the delivery;
- for delivery of products
if they have been mixed inseparably with other goods after the
delivery, owing to their condition;
- for delivery of sound
or video recording or computer software in a sealed package if the
seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this
form and send it back to us.) - To Stefan Grabner,
Erlenweg, 11, 8200 Brodersdorf, Email address: lego@stefangrabner.at
: - I/we (*) herewith revoke the contract concluded by
me/ us (*) regarding the purchase of the following products
(*)/ the provision of the following service (*) -
Ordered on (*)/ received on (*) - Name of the
consumer(s) - Address of the consumer(s) - Signature of
the consumer(s) (only in case of a notification on paper) -
Date (*) Cross out the incorrect option.
Standard Business Terms and customer information / data
protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are
applicable to all the contracts which you conclude with us as a
supplier (Stefan Grabner) via the
BrickLink.com Internet platform. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the
following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to
either his commercial or independent professional activities. The term
‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in
pursuance of his/its independent professional or commercial
activity. § 2 Conclusion of the contract
(1) The subject-matter of the contract
is the selling of products . (2) If we
set up an item vis-a-vis BrickLink.com, the activation of the
supply-side domain at BrickLink.com encompasses the binding offer
associated with the conclusion of a purchase contract under the
conditions specified on the page associated with the item in
question. (3) The purchase agreement
takes place via the online shopping cart system as follows: The
products intended for purchase are moved to the "Cart". You
can select the cart using the appropriate buttons on the navigation
bar and make changes there at any time. After the ‘Proceed to
checkout’ page has been called up and the respective personal data and
payment and shipping conditions have been entered, all the order data
is displayed again on the order overview page. Before submitting
the order, you have the ability once more to review or change any
information on the order summary page (you may also use the
"back" button on the Internet browser), or to cancel the
purchase. By clicking the appropriate button to submit the
order, you declare acceptance of the order in a legally binding way by
which the purchase agreement takes place.
(4) The execution of the order and the sending of all
the details necessitated by the conclusion of the contract take place
via e-mail, in a partially-automated manner. Consequently, you have to
ensure that the e-mail address that you have deposited with us is the
correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective
e-mails are not blocked by a SPAM filter. §
3 Individually-designed products
(1) You are to use the on-line ordering
system to provide us with the respective details, texts or files that
are necessary for the customised designing of the products in
question. This can also be done via e-mail, in which case it must be
done in a prompt manner after the contract has been concluded. Any
potential specifications issued by the supplier regarding file formats
are to be borne in mind. (2) You are
obligated to ensure that you do not transfer data whose contents
violate the rights of external parties (especially copyrights, rights
to names and trademark rights) or break existing laws. You explicitly
free us from any and all claims related to this matter that may be
raised by external parties. This also applies to the costs associated
with any legal representation that may become necessary in this
regard. (3) We do not check the
transferred data for textual accuracy. In this respect, we assume no
liability for errors. (4) Insofar as
such a provision is specified in the product description, you shall
receive a correction template from us, which you should check in a
prompt manner. If you approve of the design, you are to approve the
correction template for execution through a counter-signature in text
format (e.g. e-mail). Tasks related to the creation of the
product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy
and completeness and bringing any potential errors to our attention.
We assume no liability for unqueried errors. §
4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of
retention if the situation in question involves claims arising from
the same contractual relationship.
(2) The goods remain our property until the purchase
price is paid in full. (3) If you are a
businessman, the following conditions also apply: a) We
retain ownership of the goods until all the claims arising from the
ongoing business relationship have been settled in full. The goods
subject to retention of title may not be pledged or transferred by way
of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly
transaction. In this regard, you hereby cede all the claims amounting
to the magnitude of the billing amount that accrue to you as a result
of the re-selling operation to us, and we accept the cession.
Furthermore, you are authorised to collect the claim in question.
However, insofar as you do not discharge your payment obligations in
an orderly fashion, we reserve the right to collect the claim
ourselves. c) In a situation involving the combination
and amalgamation of the goods subject to retention of title, we
acquire co-ownership of the newly-formed item. This co-ownership
corresponds to the ratio that exists between the invoice value of the
goods subject to retention of title and the other processed items at
the time of processing. d) If you make a request of this
nature, we shall be obligated to release the securities that are due
to us, to the extent that the realisable value of our securities
exceeds the claim to be secured by more than 10%. We are responsible
for selecting the securities to be released. § 5 Warranty
(1) The statutory warranty rights are
applicable. (2) If we notify you of
this prior to the submission of the contract declaration and this has
been expressly and separately agreed, the limitation period for claims
for defects in used goods shall be one year from the date of delivery
of the goods. The above limitation does not apply: - for
culpable damage attributable to us arising from injury to life, limb
or health and in the case of other damage caused intentionally or by
gross negligence; - insofar as we have fraudulently concealed
the defect or have assumed a guarantee for the quality of the
goods. (3) As a consumer, you are
requested to promptly check the product for completeness, visible
defects and transport damage as soon as it is delivered, and promptly
disclose your complaints to us and the shipping company in writing.
Even if you do not comply with this request, it shall have no effect
on your legal warranty claims. (4) If a
characteristic of the goods deviates from the objective requirements,
the deviation shall only be deemed to be agreed if you were informed
of the same by us before submitting the contractual declaration and
the deviation was expressly and separately agreed between the
contracting parties. (5)
Insofar as you are an entrepreneur, the following shall apply in
deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's
product description shall be deemed agreed as the quality of the
goods, but not other advertising, public promotions and statements by
the manufacturer.
b) In the event of defects, we shall, at our
discretion, provide warranty by rectification of the defect or
subsequent delivery. If the rectification of defects fails, you may,
at your option, demand a reduction in price or withdraw from the
contract. The rectification of defects shall be deemed to have failed
after a second unsuccessful attempt, unless the nature of the goods or
the defect or other circumstances indicate otherwise. In the event of
rectification of defects, we shall not be obliged to bear the
increased costs arising from the transport of the goods to a place
other than the place of performance, unless such transport is in
accordance with the intended use of the goods.
c) The warranty period shall be one year from
delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to
life, limb or health and for other damage caused intentionally or by
gross negligence;
- insofar as we have fraudulently concealed the defect or have
assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in
accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert
against us in connection with rights arising from defects.
§ 6 Choice of law
(1) German law shall apply. This choice
of law only applies to customers if it does not result in the
revocation of the protection guaranteed by the mandatory provisions of
the law of the country in which the respective customer’s usual place
of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts
for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Stefan Grabner Erlenweg, 11 8200
Brodersdorf Austria Telephone: 436603888281
E-Mail: lego@stefangrabner.at Alternative
dispute resolution:
The European Commission provides a platform for the
out-of-court resolution of disputes (ODR platform), which can be
viewed under https://ec.europa.eu/odr. We are
neither willing nor obliged to participate in dispute resolution
proceedings before consumer arbitration boards.
2. Information regarding the conclusion of
the contract
The technical steps associated with the conclusion of
the contract, the contract conclusion itself and the correction
options are executed in accordance to the regulations "conclusion
of the contract" in our standard business terms (part I.).
3. Contractual language, saving the
text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the
order is sent, the contract data can be printed out or electronically
saved using the browser’s print function. After the order is received
by us, the order data, the legally-mandated details related to
distance selling contracts and the standard business terms are re-sent
to you via e-mail. 4. Main
features of the product or service
The key features of the goods and/or services can be
found in the respective quote. 5.
Prices and payment arrangements
5.1 The prices mentioned in the respective offers
represent total prices, as do the shipping costs. They include all the
price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the
purchase price. They can be viewed by clicking the appropriate button
on our website or in the respective quote, are shown separately over
the course of the order transaction and must additionally be borne by
you, insofar as free delivery is not confirmed. 5.3 If
delivery is made to countries outside of the European Union, we may
incur unreasonable additional costs, such as duties, taxes or money
transfer fees (transfer or foreign exchange fees charged by the
banks), which you must bear. 5.4 You must also bear the
costs arising from money transfers in cases in which the delivery is
made to an EU Member State, but the payment is initiated outside of
the European Union. 5.5 The payment methods that are
available to you are shown by clicking the appropriate button on our
website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the
payment claims arising from the contract that has been concluded
become payable immediately. 6.
Delivery conditions
6.1 The delivery conditions, delivery date and existing
supply restrictions, if applicable, can be found by clicking the
appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description
or our delivery conditions, the goods are delivered within 3-5 days
after the conclusion of the contract (in case an advance payment has
been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The
risk of the sold item accidentally being destroyed or degraded during
shipping only passes over to you when the item in question is
delivered, regardless of whether or not the shipping operation is
insured. This condition does not apply if you have independently
commissioned a transport company that has not been specified by us or
a person who has otherwise been appointed to execute the shipping
operation. If you are a businessman, the delivery and
shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty”
provisions in our General Terms and Conditions of Business (Part
I). last update: 29.11.2023
Data protection declaration
Unless stated otherwise below, the provision of your
personal data is neither legally nor contractually obligatory, nor
required for conclusion of a contract. You are not obliged to provide
your data. Not providing it will have no consequences. This only
applies as long as the processing procedures below do not state
otherwise. “Personal data” is any information relating to an
identified or identifiable natural person.
Responsible person
Contact us at any time. The person responsible for data
processing is: , , , ,
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data
insofar as this is necessary for the fulfilment and handling of your
order as well as processing of your queries. The provision of data is
necessary for conclusion of a contract. Failure to provide it will
prevent the conclusion of any contract. The processing will occur on
the basis of Article 6(1) b) GDPR and is required for the fulfilment
of a contract with you.
Your data is transferred here for example to the shipping companies
and dropshipping providers, payment service providers, service
providers for handling the order and IT service providers that you
have selected. We will comply strictly with legal requirements in
every case. The scope of data transmission is restricted to a
minimum.
Merchandise management
Use of an external merchandise management system
We use a merchandise management system in the course of order
processing for the purposes of contractual processing. For this
purpose your personal data as collected in the course of the order
will be sent to
Pickware GmbH, Goebelstr. 21, 64293 Darmstadt weclapp SE Neue
Mainzer Straße 66 – 68 60311 Frankfurt am Main
Duration of storage
After contractual processing has been completed, the data is
initially stored for the duration of the warranty period, then in
accordance with the retention periods prescribed by law, especially
tax and commercial law, and then deleted after the period has elapsed,
unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following
rights according to art. 15 to 20 GDPR: Right to information,
correction, deletion, restriction of processing, data portability. You
also have a right of objection against processing based on art. 6 (1)
GDPR, and to processing for the purposes of direct marketing,
according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority
according to art. 77 GDPR if you believe that your data is not being
processed legally.
Right to object
If the data processing outlined here is based on our legitimate
interests in accordance with Article 6(1)f) GDPR, you have the right
for reasons arising from your particular situation to object at any
time to the processing of your data with future effect.
If the objection is successful, we will no longer process the
personal data, unless we can demonstrate compelling legitimate grounds
for the processing that outweigh your interests or rights and
freedoms, or the processing is intended for the assertion, exercise or
defence of legal claims.
last update: 29.11.2023
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