General Terms and Conditions
Table of Contents
A. General Terms and Conditions
1. Scope of application
1.1 These General Terms and Conditions (GTC) govern the condition and content of contracts between the customer and the Blocksfun online shop. They shall apply to all deliveries between us and a Buyer in their version valid at the time of the order.
1.2 Contrary to or deviating from our General Terms and Conditions, the Buyer shall only recognize the terms of the order if we expressly agree to their validity in writing.
1.3 "Consumers" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his commercial or independent professional activity.
1.4 Should a provision of our general terms of sale and delivery or of a contract concluded with us be invalid, the validity of the remaining provisions shall remain unaffected.
2. Conclusion of the contract
2.2 The presentation of the products in the online shop is not a legally binding offer, but a request for the order. Errors are reserved.
2.2 By ordering the desired goods, the consumer makes a binding offer for the conclusion of a purchase contract. The acceptance of the offer shall be made in writing via E-mail or by sending the ordered goods within 1-14 working days.
3. Cancellation policy
You can return the goods by e-mail ([email protected]) with advance payment, PayPal, instant transfer, Visa or MasterCard payment within 7 days. The period begins at the earliest with the receipt of the goods. Please do not hesitate to contact us to clarify the further process, the method of dispatch and the costs. Please pay attention to regulation 3.2!
3.2 The buyer has the right to revoke the goods in the following cases:
- In the case of serious deviations from the description of the product
- Delivery of the wrong model
3.3 In the case of an effective revocation, the services received at both ends must be returned and, if necessary, drawn benefits (e.g. interest) must be issued. If the Buyer cannot recover the received performance in whole or in part or only in a deteriorated condition, he must, in this respect, make Blocksfun a replacement. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their examination. Furthermore, the Buyer can avoid the obligation to provide the goods for a deterioration resulting from the intended use of the goods by not using the goods like his property and omitting anything that might impair their value.
4.1 Customers of Blocksfun are granted the full warranty of the manufacturer. This is valid for one year from the date of the order number (excl. Shipping time for returns from abroad to China). We are still available for repairs outside the warranty service and can do this at a reasonable price.
4.2 The Blocksfun warranty covers all devices ordered. This also applies to items that arrive defective to the customer.
The warranty is void if the fault on the device has arisen due to maintenance or repairs performed by anyone other than the official manufacturer of the device or Blockfun. This applies mainly to electronic articles.
4.3 Please do not create a PayPal conflict in case of warrantee! Buyer protection is only valid in the case of non-receipt or deviation of the item description, so the purchase price would not be reimbursed. Blocksfun, will is only able to send a replacement device after the PayPal conflict has been closed.
5. Prices and terms of payment
5.1 All prices on the website are exclusive of customs fees and import VAT of the respective recipient countries. If applicable, additional shipping and handling costs are indicated separately in the respective product description.
5.2 The buyer has the possibility of payment in advance on a German bank account, PayPal (Visa and MasterCard), Instant transfer, Visa or MasterCard.
5.3 If the Buyer has chosen payment in advance, he shall pay the purchase price without delay, but no later than 14 days after conclusion of the contract.
5.4 Blocksfun may have provided you with incorrect information about a product due to a typographical error and has not been able to determine the correct price before accepting your order. In the given case, Blocksfun reserves the right to delete or, if necessary, modify the affected product order. Blocksfun will promptly notify the buyer and grant him the right to rescind the contract.
6. Delivery and shipping conditions
6.1 Please note that the complete delivery time is composed of the processing time as well as the duration of the packaging and the actual shipping.
The processing time extends from the moment of payment to packaging. Since we carefully test every device and replace it with the manufacturer in the event of any defects, this is duration is 1-7 working days. Individual accessories may also prolong the processing time as this has to be ordered separately. Sundays and holidays are free days. During this time, your order can not be processed and the processing time is therefore extended by 1-2 working days. If the product is stocked and already tested, it can go directly to the packaging.
If the product is stocked it will be packed within 1-2 working days and picked up by the shipping service provider.
6.2 The delivery of goods is carried out regularly on the dispatch route and to the delivery address indicated by the customer. When processing the transaction, the delivery address given in the order processing of the vendor is decisive. By way of derogation from this, the payment address at the time of payment at PayPal shall be decisive for the delivery address.
6.3 You or a family member should be at home on the day of delivery in order to receive the goods. We do not accept liability for signatures from third parties!
6.4 If the carrier sends the goods back to the seller, since delivery was not possible to the customer, the customer bears the costs for the unsuccessful dispatch as well as the costs for the reimport to China. This does not apply if the customer exercises his right of revocation.
6.5 Delivery from FCA, Shenzhen, China, to the delivery address specified by the customer is generally accepted. Deliveries to a packing station are not possible and should a packing station be indicated, the dispatch will be made without notice to the invoice address. The delivery time varies depending on the shipping service provider and can be delayed by holidays.
7. Transportation damage and loss
7.1 Blocksfun carefully checks the goods before shipment and packs them carefully and without breakage. We ask you to carefully inspect the package before accepting and to report any damage directly to the present postal service. We ask you to contact us immediately if you find that the goods are damaged. We will then discuss the further process with you.
In the case of a DHL package, a damage must be recorded within 7 days. A description and the required form can be found at http://www.dhl.de/de/paket/hilfe-kundenservice/schadensanzeige.html. In this case you would then send an invoice for the actual value of the goods for DHL by e-mail.
Please state in the form that the package should be returned to us. As a rule, DHL will be reimbursed after a processing period. We do not take over the amount of the damage if DHL does not refund you!
For alternative transport providers the process differs at certain points and should be carried out in consultation with us.
7.2 If your package is lost, we will assume full responsibility and refund or replacement. Before we make a refund or provide replacement goods, we are entitled to submit an inquiry request. If this has been unsuccessful, you will receive a refund or a replacement delivery. If customers give a wrong address and for this reason do not receive the goods, you must pay for all costs incurred.
7.3 The total weight of the parcel will be sent to the customer with the shipping e-mail. We ask each customer to check the total weight when receiving the goods. Should it differ strongly, it may be possible that products have been stolen from the package. In this case you should contact us and, if necessary, make a damage claim to the shipping company.
For added security, we recommend opening the package in the presence of the post boot, or a second person. Optionally, the customer can also make a video when opening the package.
8. Retention of Ownership
We reserve the ownership of the goods until full payment of the purchase price is made.
9. Warranty claim
The warranty period of the respective manufacturing and shipping country shall apply. In China, the warranty period is one year from the date of purchase. The exclusion does not apply to claims for damages arising from gross negligence or willful violation of the seller's obligations as well as for any injury to life, body and health.
10. Customs Processing
Customers are required to inform themselves about customs duties and customs regulations in their country. All prices on the website are exclusive of customs duties and import VAT of the respective recipient countries.
However, our shipping methods already include the customs fees for the respective country. Thus, there would be no additional costs for you.
Damage not covered by the warranty, such as engine damage caused by a fall, can also be repaired by us. This also applies to damage caused under the warranty. In order to be able to make you an offer for the repair, we ask you to describe the case of damage exactly. The further processing takes place as in a warranty case, with the difference that it is not repaired by the official manufacturer, but by an external service provider.
12. Applicable law, Place of Jurisdiction, Contractual Language
Chinese law applies in Hong Kong; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If the customer does not have a European general court of jurisdiction, probably he has moved his place of residence or his usual place of residence abroad after conclusion of the contract, or if at the time of the legal action no place of residence or habitual residence of the buyer is known, we are also entitled to sue at the registered office of the customer.
The necessary data of the customer, in particular name and address, are collected, processed and used for the purpose of the fulfillment of the contractual relationship.
Should one or more of these Terms and Conditions be or become invalid, the validity of the remaining terms and conditions shall remain unaffected.
The contractual language is English / German.
13. Collection & Reminders
13.1 Blocksfun cooperates with COEO Collection in Europe. COEO Collection is a debt collection service provider for Blocksfun. In the case of non-payment of the invoice, the debtor must pay the invoice within 14 days. After that, Collection service provider is called upon and the consultant agrees to a consensus agreement with the customer.
If this is not possible, Blocksfun will meets its requirements for COEO so that an order for payment procedure can be initiated. This includes the amount due, reminder fees and default interest.
14.1 Blocksfun assumes no liability for the actuality, correctness and completeness of the information provided on our website. Liability claims against Blocksfun, which refer to material or ideal damages caused by the use or non-use of the information provided or by the use of incorrect or incomplete information, are Generally excluded, as long as there is no demonstrable or gross negligence on the part of Blocksfun.
All offers are subject to change and non-binding. Blocksfun expressly reserves the right to change, amend, or delete parts of the pages or the entire offer without prior notice, or to terminate the publication temporarily or permanently.
Blocksfun is not the manufacturer of the goods offered on this website, unless expressly stated. The product packaging and accompanying documents may contain information that differs from and / or differentiates from the information provided on our website. We therefore recommend that you do not rely solely on the information that is displayed on our website, but always read the labels, warnings and instructions supplied with the goods before using the goods.
14.2 In the case of direct or indirect references to third-party websites ("hyperlinks") that lie outside the responsibility of Blocksfun, a liability obligation would only come into force in the event that Blocksfun is aware of the content and it is technically possible and reasonable , to prevent the use in the case of unlawful content.
Blocksfun hereby expressly declares that at the time of the link setting, no illegal content was recognizable on the pages to be linked. Blocksfun has no influence on the current and future design, content or origin of the link / linked pages. Therefore Blocksfun hereby expressly dissociates itself from all contents of all linked pages, which have been changed after the link setting. This statement applies to all links and references placed within the Internet site, as well as to foreign entries in guest books, discussion forums, link lists, mailing lists set up by Blocksfun, and in all other forms of databases, to which external access is possible. Liability for illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such provided information is solely the responsibility of the provider of the site to which reference has been made, not the one who merely refers to the respective publication via links.
14.3 Blocksfun endeavors to respect the copyrights of the images, graphics, sound documents, video sequences and texts used, to use images, graphics, sound documents, video sequences and texts created by itself, or to access license-free graphics, sound documents, video sequences and texts.
All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the rights of ownership of the respective registered owners. The mere naming does not lead to the conclusion that trademarks are not protected by the rights of third parties!
The copyright for published objects created by Blocksfun remains solely with Blocksfun. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of Blocksfun.
14.4 If there is a possibility to enter personal or business data (email addresses, names, addresses), this data are given by the user on an expressly voluntary basis. The use and payment of all offered services is permitted - as far as technically possible and reasonable - even without the provision of such data or under specification of anonymised data or a pseudonym. The use of contact data such as postal addresses, telephone and fax numbers and e-mail addresses published by third parties for the transmission of information not expressly requested is not permitted. Legal steps against the senders of so-called spam mails in the event of violations of this prohibition are expressly reserved.