Imprint
Website Owner
Monika Süssmilch
Company Information
Sole Proprietorship
Am Mariengraben 109
Krefeld, 47839
Germany
Email: vincent.suessmilch@vodafone.de
Privacy Policy
Cookie Policy
General Terms and Conditions
https://customsets.de
Welcome to CustomSets!
§ 1 Scope of application and supplier
1.1 The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Monika Süssmilch CustomSets (hereinafter referred to as “Supplier”) to you in the version valid at the time of the order.
1.2 Deviating terms and conditions of the customer are rejected.
1.3 Please read these terms and conditions carefully before placing an order with Monika Süssmilch CustomSets. By placing an order with Monika Süssmilch CustomSets, you agree to the application of these Terms and Conditions of Sale to your order.
1.4 On CustomSets we offer you the sale of the following products:
Complete sets with building blocks and digital instructions, digital instructions only, fabrics for building blocks - minifigures as well as your own minifigures.
§ 2 Conclusion of the contract
2.1 Contracts on this portal can only be concluded in English.
2.2 The offers are aimed exclusively at end customers with a billing and delivery address in:
- European Union
- United Kingdom
- United States of America.
The possible delivery addresses and the place of delivery may be restricted for individual bulky goods items; the restriction is shown in the respective list price.
2.3 The customer must have reached the age of 18.
2.4 The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
2.5 Your order constitutes an offer to CustomSets to conclude a purchase contract. The customer submits a binding offer when he or she places the online ordering process by entering the information requested there and clicking the “Purchase” button in the final ordering step.
2.6 The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
2.7 The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a normal household quantity.
2.8 Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.
2.9 You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
§ 3 Prices and shipping costs
3.1 Our prices include the applicable statutory VAT and do not include a flat-rate shipping fee or shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.
3.2 Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
3.3 The prices at the time of ordering apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and Cancellation
4.1 Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by CustomSets (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
4.2 If CustomSets determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The customer's statutory claims shall remain unaffected.
4.3 If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or staircase of the customer or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
4.4 Delivery shall be made according to the customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. If payment is made by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract.
4.5 If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Monika Süssmilch CustomSets. Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.
4.6 This right to cancel does not apply to certain product groups and services, including digital content or software, which are not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 5 Customs
5.1 If you order products from CustomSets for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
5.2 Please also note that when ordering from CustomSets, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities.
§ 6 Payment
6.1 The customer can pay for the goods using the following payment methods:
- Credit card
- gift card
- Instant bank transfer
- On invoice
Payment on account is only possible for consumers aged 18 and over. The delivery address, the home address and the billing address must be identical and located in the following countries:
- European Union
- United Kingdom
- United States of America
Payment by invoice is not possible for services that are transmitted online (e.g. software for download) or for the purchase of gift cards. The invoice amount is due upon receipt of the invoice. Monika Süssmilch CustomSets reserves the right not to offer certain payment methods in individual cases.
When paying on invoice, a one-off fee of €2 (two euros) including the applicable VAT per delivery will be charged in addition to any shipping costs for the complete shipment. The customer will always be informed separately before conclusion of the contract whether this fee will be charged.
If the invoice amount is not paid by the due date for reasons for which the customer is responsible, Monika Süssmilch CustomSets shall charge a flat-rate compensation fee of €5 (five euros). The customer may prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum.
In the case of payment on invoice and in other cases with justified cause, CustomSets shall check and evaluate the data provided by the customer.
6.2 Certain payment methods may be excluded by the supplier in individual cases.
6.3 The Customer is not permitted to pay for the goods by sending cash or checks.
6.4 If the Customer chooses an online payment method, the Customer thereby authorizes the Supplier to collect the amounts due at the time of the order.
6.5 If the Supplier offers payment in advance and the Customer chooses this payment method, the Customer must transfer the invoice amount to the Supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
6.6 If the supplier offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
6.7 If the supplier offers payment by direct debit and the customer chooses this payment method, the customer shall grant the supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to a lack of funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs for this.
6.8 If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
6.9 If the customer is in default of payment, the supplier reserves the right to claim damages for default.
§ 7 Offsetting and right of retention
7.1 The customer shall only be entitled to set-off if the customer's counterclaim has been legally established or has not been disputed by the supplier.
7.2 The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 8 Retention of title
Monika Süssmilch CustomSets retains ownership of the goods until full payment has been made.
§ 9 Damage in transit
9.1 If the customer receives the goods with obvious transport damage, the supplier requests him to complain about this as soon as possible.
9.2 If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
§ 10 Right to claim for defects
10.1 If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods and may demand the repair or replacement of products purchased on CustomSets if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
10.2 In the case of used goods, the warranty period may be shorter than two years.
10.3 If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
10.4 If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 11 Limitation of liability (products)
11.1 The supplier is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.
11.2 Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
11.3 The Provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
11.4 The provisions of the Product Liability Act shall remain unaffected.
11.5 Insofar as the liability of CustomSets is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
12.1 If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
12.2 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke without giving reasons.
To exercise your right of withdrawal, you must contact us:
Monika Süssmilch CustomSets
Am Mariengraben 109
47839 Krefeld
Germany
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online returns center within the period defined below.
12.3 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any event no later than 14 days from the date on which you notify us of the revocation of this contract to
Monika Süssmilch CustomSets
Am Mariengraben 109
47839 Krefeld
Germany
or to hand it over. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods. Goods that cannot be sent by parcel post will be collected from you.
12.4. Exceptions to the Right of Withdrawal
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning. The right of withdrawal does not apply or expires for the following contracts:
• for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
• for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
• for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded;
• for services, if CustomSets has fully provided them and you have acknowledged and expressly agreed before ordering that we can begin providing the service and that you lose your right of withdrawal upon full fulfillment of the contract;
• for the delivery of newspapers, magazines, or illustrated magazines, with the exception of subscription contracts; and • for the delivery of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13 Exclusion of the Right of Withdrawal
13.1. The right of withdrawal does not apply to contracts
• for the delivery of goods that are not prefabricated and whose production is based on an individual selection or specification by the consumer or which are clearly tailored to the consumer's personal needs;
• for the delivery of goods that are subject to rapid perishability or whose expiration date would be quickly exceeded;
13.2. The right of withdrawal expires prematurely for contracts
• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
• for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
• for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
§ 14 Data Protection
14.1. If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to share any data with third parties unless you have given your prior consent.
14.2. We point out that the transmission of data over the Internet (e.g., by email) may have security gaps. Therefore, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.
14.3. Third parties are not authorized to use contact data for commercial activities unless the provider has given the data subjects prior written consent.
14.4. You have the right to receive complete and free information from CustomSets about the data concerning you at any time.
14.5. Furthermore, the user has the right to correct/delete data/restrict processing.
§ 15 Cookies
15.1. We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the cache of the visitor's internet browser.
15.2. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
15.3. The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without the use of cookies.
15.4. Please note that some of these cookies are transferred from our server to your computer system; these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
15.5. You can object to the storage of cookies; a banner is available for this purpose, which you can refuse or accept.
15.6. You can of course set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of Jurisdiction and Applicable Law
16.1. Any disagreements and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
16.2. The sole place of jurisdiction for orders from merchants, legal entities under public law, or special funds under public law is the registered office of the provider.
§ 17 Final Provisions
17.1. The contract language is English.
17.2. We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use CustomSets with the involvement of a parent or legal guardian.
17.3. If you violate these Terms and Conditions and we do not take action, we are still entitled to exercise our rights on any other occasion in which you violate these Terms and Conditions of Sale. 17.4. We reserve the right to make changes to our website, rules, and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms, and general terms and conditions in force at the time you place your order, unless a change to these terms and conditions is required by law or government order (in which case, they will also apply to orders you have previously placed). If any provision of these terms and conditions of sale is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. 17.5. The invalidity of any provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.