Terms & Conditions

General Terms and Conditions

for the online shop, toyspectrum.de, owner Gary Parker, Traifelbergstr. 11, D - 72805 Lichtenstein - Traifelberg, Germany, hereinafter referred to as the seller described.

§ 1 General
1. The seller offers all kinds of toys on the website www.toyspectrum.de. The following Terms and Conditions apply to the business relationship between the seller and the customer in the purchase contracts on the website toyspectrum.de.

2. Consumers referred to within these terms and conditions are the general public acting on transactional purposes and not for their commercial or independent professional activity. Entrepreneurs referred to within these terms and conditions are legal persons or traders making transactions acting in their commercial or independent professional activity. Customers referred to within these terms and conditions are both consumers and entrepreneurs. 

3. Individual Contract agreements have precedence over these Terms and Conditions. Differing, conflicting or additional Terms and Conditions are not part of the contract, unless their validity is expressly agreed.

§ 2 Conclusion of Contract
1. The seller's offers are non-binding. The ordered goods may vary slightly due to the technical presentation of the Internet, in particular there may be colour variations.

2. The order by the customer may be given in writing, by fax, by email or via the online form on the website. The customer's order constitutes a binding offer to conclude a contract on the ordered product/’s. By clicking the button "send order" in the context of the ordering process on the website www.toyspectrum.de, the customer enters a binding order in the shopping cart with contained goods.

The seller will confirm receipt of the customer's order without delay by fax or email. The receipt of the order is not confirmation of agreement of sale. The agreement of sale does not come with the order confirmation, but only with sending a delivery confirmation or delivery of the goods. The receipt of a telephone order, unless otherwise agreed, has no binding acceptance on the sellers part.

3. The seller is entitled to accept the order in the sales contract within two weeks. For electronically ordered goods, the seller is entitled to accept the sales contract within five business days after receipt thereof. A sales contract is also assumed accepted if the seller delivers the ordered goods within that period. The seller is entitled to reject the acceptance of the order - for example, after examining the creditworthiness of the customer.

4. Conclusion of contract is subject to the reservation that if we ourselves are not correctly or properly supplied we will not be able to fulfil the contract or only in part. This only applies in the event that the Vendor is not responsible for non-supply and that it concluded with due care an actual covering transaction with the supplier. The Vendor shall undertake all reasonable efforts to procure the goods. Otherwise the contribution shall be reimbursed without undue delay.

5. If the customer orders the goods electronically, the contract text is stored by the seller and the customer, together with the legally binding Terms and Conditions which will be sent by e-mail after the conclusion of the contract.

§ 3 Reservation of Ownership and Withdrawal
1. For consumers, the seller retains the title to the goods until full payment of the purchase price. For companies, the seller retains the title to the goods until full settlement of all payments arising from an ongoing business relationship have been made.

2. By breach of contract from the buyer, especially in the case of late payment or false customer information about his/her creditworthiness or if the assets of the buyer, a court settlement or insolvency proceedings are open, the seller is entitled to cancel the contract and the goods.

3. The entrepreneur is entitled to sell the goods to a third party in the framework of a proper business transaction. It hereby assigns all claims in the amount of the invoice which it accrues as a result of the sale to a third party to the Vendor. The Vendor accepts the assignment. After assignment the entrepreneur is authorised to collect the claim. The Vendor reserves the right to collect the claim itself as soon as the entrepreneur does not properly fulfil its payment obligations and falls into default.

4. The Vendor undertakes to release the securities to which it is entitled on request by the customer to the extent that the realisable value of the securities of the Vendor exceeds the claim to be secured by more than 10 %. The Vendor can choose the securities to be released at its discretion.

§ 4 Payment
1. The shown price is binding. The prices includes the legal VAT.

2. For distant contracts additional shipping will be added according to Section 5 of these Terms and Conditions.

3. The customer only has a right to offset if its counterclaims have been established by law or have not been disputed by the Vendor. The customer can only exercise a right of retention if its counterclaim is based on the same contractual relationship.

4. The customer agrees to pay the total of the invoice within fourteen days after receipt of the purchase data via e-mail. After that deadline the customer is in arrears of payment. During this delay the consumer has the obligation to add the amount of 5% above base rate interest. The entrepreneur during this delay, has the obligation to add the amount of 8% above base rate interest. With regard to the trader the seller retains the right to claim damages.

§ 5 Payment and Shipping
1. The customer can make payment in advance via bank transfer, credit card, PayPal or Cash on Delivery. The seller reserves the right to exclude certain types of payment.

2. If paying in advance by bank transfer, PayPal and credit card, the goods will be dispatched only after the total amount has been credited to the sellers account. If the chosen payment method is Cash on Delivery or by Invoice dispatch will follow within 1-5 days after ordering.

3.
a. Extra shipping costs will be added according to our shipping list.
b. If paying by Cash on Delivery the amount of € 2.00 have to be paid additional to the shipping costs.

§ 6 Delivery
1. We ship worldwide.

2. Goods which are in stock will be dispatched within 1-5 business days.

3. If the goods are not in stock when ordered, the seller will immediately order the goods, and immediately inform the customer of the expected date of delivery. These goods are listed on the site and are marked accordingly. With respect to the reservation of proper supply to ourselves the Vendor refers to § 2 4. of these General Terms and Conditions.

4. The Vendor is entitled to make part-delivery to the extent that the customer can reasonably be expected to accept part-delivery taking account of its interests. The customer shall not incur additional costs as a result.

§ 7 Transfer of Risk
In the case of consumers the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer on handover of the goods even where goods are sent by post. In the case of entrepreneurs the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur on handover, in the case of goods sent by post, when the goods are handed over to the carrier, shipping agent or other person or establishment instructed to deliver the goods. Handover shall be regarded as acceptance if the customer is in default with acceptance.

§ 8 Right of Revocation for Consumer

- Revocation instruction

You may revoke your contractual declaration within two weeks without stating reasons in writing (e.g. letter, fax, email) or – if you were provided with the goods before expiry of the period - by returning the goods. The period shall begin on receipt of this instruction in writing but not before the goods are received by the recipient (in the case of recurring delivery of similar goods not before receipt of the first part-delivery) and also not before fulfilment of our information duties pursuant to § 312 c (2) of the German Civil Code as read with § 1 (1), (2) and (4) of the German Civil Code Information Regulation and our duties pursuant to § 312 e (1) sentence 1 of the German Civil Code as read with § 3 of the German Civil Code Information Regulation. Timely dispatch of the revocation or goods shall be deemed observation of the revocation period.
Revocation should be sent to:

Toy Spectrum
Gary Parker
Traifelbergstr. 11
D-72805 Lichtenstein
Fax 07129-930295
Email: shop@toyspectrum.com

Consequences of revocation:

In the event of effective revocation the services received by both parties shall be returned and any use (e.g. interest) surrendered. If you are unable to return the service received in full or in part or only in a deteriorated condition you shall pay compensation to us herefor where appropriate. This shall not apply in the case of goods if the deterioration of the goods is clearly exclusively the result of their review – as would be possible, for example, in a shop. Moreover, you can avoid the duty to pay compensation for deterioration caused by improper use of the goods by not treating the goods as your property and refraining from doing anything which could impair their value. Goods which can be returned by parcel shall be sent back at our risk.

You shall bear the costs of return postage if the goods supplied correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40.00 or where the goods are more expensive but you have not paid the contribution or a contractually agreed part-payment at the time of revocation. Otherwise the return postage is free for you. Goods which cannot be sent by parcel shall be collected.

Obligations to reimburse payments must be fulfilled within 30 days. The period shall begin for you when you send your revocation declaration, for us on receipt thereof.

The revocation right does not apply to goods listed in § 312 d (4) of the German Civil Code. These include inter alia:
 - supply of goods which have been made to meet customer specifications or which are clearly deemed for the personal requirements of the customer or goods the nature of which is not suitable for return or can quickly spoil or the expiry date of which has been exceeded.
- supply of audio and video recordings or of software where the seal of the supplied data carriers has been broken by the consumer.

- End of the Revocation Information

§ 8a Right of Revocation for Consumer

Upon exercising the consumer rights in a distance contract where the withdrawal comes into force, the consumer will bear the cost of the return if the delivered goods ordered and the price of the returned goods do not exceed an amount of 40 euros or if the consumer at a higher price has not yet provided payment at the timeof revocation. Otherwise, the return of the goods is free for the consumer.

§ 9 Warranty

1. The goods supplied may vary slightly from the products pictured on the Internet. This refers to section 2, No. 1, sentence 2 of these Terms and Conditions.

2. Consumers may choose whether subsequent performance should be through subsequent improvement or replacement delivery. The Vendor is entitled to refuse the type of subsequent performance if it is only possible at disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the consumer. In the case of entrepreneurs the Vendor shall initially fulfil its warranty obligations by way of subsequent improvement or replacement delivery at its discretion.

3. If the subsequent performance is unsuccessful the customer can, in principle, at its discretion reduce the remuneration (reduction) or rescind the agreement (rescission) and demand compensation. If the defects are insignificant the customer – taking account of the interests of both parties – has no right of rescission. Instead of compensation in place of delivery the customer can demand reimbursement of futile expenditure in the framework of § 284 of the German Civil Code which it paid assuming that it would receive the goods and the assumption could fairly be made. If the customer chooses compensation instead of delivery the liability restrictions pursuant to § 10 no. 1 of these General Terms and Conditions apply.

4. Entrepreneurs must notify the Vendor of clear defects in the goods supplied within a period of two weeks from receipt of the goods; otherwise assertion of warranty claims is excluded. Timely dispatch or notification shall be considered to have satisfied the deadline. The entrepreneur shall bear the burden of proof for all claim preconditions, particularly for the defect itself, for the time when the defect was discovered and timely notification thereof. § 377 applies to businessmen.

5. If the purchaser is an entrepreneur the product description of the manufacturer only shall be agreed as composition of the goods. Public statements, promotion or advertising of the manufacturer do not additionally constitute the contractual composition of the goods.

6. The warranty period for consumers shall be two years from delivery of the goods. Deviating herefrom the warranty period for entrepreneurs shall be one year from delivery of the goods. In the case of second-hand goods, however, the warranty period shall be one year from delivery of the goods. The one-year warranty period shall not apply if the Vendor is culpable of gross negligence or fraudulent intent, where the Vendor is responsible for injury to body and health or loss of life of the customer or where there is warranty or delivery recourse pursuant to §§ 478, 479 of the German Civil Code. The liability of the Vendor under the Product Liability Act shall remain unaffected.

7. The seller gives to the customer no guarantees in the legal sense. Manufacturers' guarantees remain unaffected.

§ 10 Limitations of Liability
1. In the case of slightly negligent breaches of duty liability shall be restricted to foreseeable, typical, direct average damage for the type of goods. This shall also apply to slightly negligent breaches of duty of the statutory representatives of vicarious agents of the Vendor. The Vendor shall not be liable for slightly negligent breaches of inessential contractual duties. It shall, on the other hand, be liable for breaches of essential contractual legal positions of the customer. Essential contractual legal positions are those which the agreement grants the customer according to its content and purpose. The Vendor shall also be liable for breaches of obligations which are necessary for proper execution of the agreement and the observation of which the customer can rely on.

The above limitations of liability shall not apply to claims of the customer arising from warranties and/or product liability. The limitations of liability shall not apply to fraudulent intent, breach of essential contractual duties or damage to body and health or loss of life of the customer for which the Vendor is responsible.

2. The Vendor shall only be liable for the content on the website of its online shop. If there are links to other websites the Vendor is not responsible for the third-party content contained there. The third-party content is not adopted as Vendor's own. If the Vendor becomes aware of illegal content on external websites it shall disable access to these sites without undue delay.

§ 11 Data Protection
1. Customer data in compliance with relevant regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) are stored and used by the seller. Personal data will be used exclusively to process the order, unless the customer requests additional services.

2. The customer agrees that their personal data will be collected, processed and used by the seller for business purposes.

3. The seller will not give personal customer information to third parties. Excluded from this are the service partners contracted for the management of transmission of data. In these cases, the volume of transmitted data will be kept to the necessary minimum.

4. The customer has a right to information and a right to correction, blocking and deletion of the data saved about its person. The customer can request deletion of its data at any time. It also has the right to request information about the status of the data saved about its person by sending an email to: shop@toyspectrum.com. If statutory or contractual duties to save information do not allow deletion, the data shall be blocked.

5. The personal data of customers will be treated confidentially, and in particular not used for the purpose of advertising, market research or public opinion polling information.

§ 12 Amendment to the General Terms and Conditions
1. The Vendor reserves the right to amend these General Terms and Conditions at any time observing a reasonable notice period of at least two weeks. Announcement shall be by way of publication of the amended General Terms and Conditions stating the time when they come into effect on the internet on the website www.toyspectrum.de.

2. If the customer does not object within two weeks of publication the amended General Terms and Conditions shall be deemed accepted. In the announcement about the amendment a special note shall be included about the significance of the two week period.

§ 13 Final Provisions
The law of the Federal Republic of Germany shall apply. In the case of consumers which do not conclude the agreement for professional or commercial purposes this choice of law shall only apply to the extent that the protection granted is not withdrawn by the mandatory provisions of the law of the country in which the consumer has its usual place of residence.

The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

If the customer is a businessman, body organised under public law or special fund under public law the place of jurisdiction for all disputes under this agreement shall be the court competent for the seat of the Vendor unless there is an exclusive place of jurisdiction.