Terms of service

§ 1 GENERAL AND SCOPE OF APPLICATION

All business relations between Growing Imaginations GmbH, (hereinafter referred to as "Funzy") and its customer (hereinafter referred to as "Customer") are exclusively subject to the following General Terms and Conditions in the version valid at the time of the order.

Deviating terms and conditions of the customer are not valid for Funzy, unless Funzy has expressly agreed to their validity.

Consumer means consumer in the sense of § 13 BGB. I.e.: Consumer is every natural person, who concludes a legal transaction for purposes, which can be attributed predominantly neither to its commercial nor its independent vocational activity.

Entrepreneur is an entrepreneur in the sense of § 14 BGB. I.e.: An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 2 ORDER, CONCLUSION OF CONTRACT AND STORAGE OF THE CONTRACT TEXT

The offer of Funzy on the Internet is only a non-binding invitation to the customer to submit an offer.

The order of the customer is made by clicking on the button "order with obligation to pay" on the last page of the order process. This order represents an offer to Funzy to conclude a purchase contract. Funzy will inform the customer about the receipt of his order by e-mail to the e-mail address provided by him (order confirmation).

The order confirmation does not represent an acceptance of the offer by Funzy.

Funzy can accept the offer within two weeks from receipt of the offer of the purchaser.

The purchase contract is only concluded upon acceptance of the offer by Funzy. The acceptance takes place by a dispatch confirmation sent by e-mail or by delivery of the goods.

Storage of the contract text for orders via our internet store: We will send you the order data and our GTC by e-mail. You can also view and download the GTC at any time at https://www.myfunzy.com/policies/terms-of-service.

Storage of the contract text for orders via our Internet store:

We will send you the order data with the details of your purchase and our GTC by e-mail. You can also view and download the GTC at any time at https://www.myfunzy.com/policies/terms-of-service. The contract text will be saved by us and sent to you by email including the link to these terms and conditions after you have submitted your order. If you have created a customer account with us before placing the order, the contract content is also available to you in your password-protected customer account.

§ 3 PRICES, SHIPPING COSTS, PAYMENT, DELAY

The prices at the time of the order are valid. This does not apply to errors, incorrectly recorded products and product images. All prices are inclusive of the applicable German statutory value-added tax. The customer must also pay the shipping costs of the ordered goods in accordance with our shipping conditions valid at the time of the order. These can be found under the page shipping costs.

The purchase price is due for payment with acceptance of the order by Funzy. The payment takes place according to the terms of payment valid at the time of the order. These can be found at https://www.myfunzy.com.

The purchase price is subject to interest during the delay of payment of the purchaser. The default interest rate for consumers (§13 BGB) is five percentage points above the prime rate p.a. and for entrepreneurs (§14 BGB) nine percentage points above the prime rate p.a..

The payment of the goods is made by prepayment i.e. transfer of the total amount (calculated from the indicated purchase price plus shipping costs, if applicable) to the account of Funzy indicated in the invoice stating the order number. The purchaser is obliged to transfer the total amount to the account of Funzy immediately after conclusion of the contract. Alternatively, payment can be made via PayPal or SOFORT Überweisung using the service sofort.com.

Furthermore, Funzy is willing to accept credits on the PayPal account of Funzy on account of performance according to §364 II BGB (PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449, Luxembourg). The contractual relationship between PayPal and its customers is governed exclusively by PayPal's terms of use. Prior to the conclusion of the contract, the orderer has the choice between the payment options of clauses 6 and 7.

The orderer agrees with the fact that the invoice is offered in principle in electronic form.

In case of non-payment or return of a direct debit, the orderer hereby irrevocably authorizes his bank to inform Funzy of his name and current address. Possible return debit fees charged to Funzy for reasons for which the Purchaser is responsible, can be claimed by Funzy from the Purchaser.

§ 4 DELIVERY AND DELIVERY CONDITIONS

Deliveries are made to the delivery address specified by the Ordering Party according to the shipping conditions applicable at the time of the order(https://www.myfunzy.de).

Funzy is entitled to make partial deliveries to a reasonable extent. The purchaser only has to pay the shipping costs that would have been incurred in case of the total delivery of the ordered goods.

In case of advance payment, the delivery will be carried out explicitly only after receipt of payment of the total amount on the account stated in the invoice or in case of credit notes in the sense of § 3 number 7 of these GTC.

Towards entrepreneurs Funzy owes performance at its registered office and shipment of the sold goods to the delivery address indicated by the customer (Schickschuld).

The customer has to ensure that the delivery address given by him is correct and complete and can be delivered without further ado.

If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, Funzy is entitled to demand compensation for the damage incurred and arising from this, including possible additional expenses. Further claims remain reserved.

The risk of accidental loss or accidental deterioration of the purchased goods is transferred to the purchaser at the time when the purchaser is in default of acceptance.

For detailed information on packaging and shipping costs, please refer to the delivery and payment offers of Funzy. These can be found at https://www.myfunzy.com.

Due to the assurance of the quality of Funzy products by DHL, the delivery is carried out by means of special transport packaging (dry ice supplement) during the week from Tuesday to Friday, if the order is placed by 11 a.m. the day before.

For the orderer it is mandatory to follow the outside and enclosed hazard warnings about the handling of (dry ice = CO2 granules) in order to avoid accidents. For children, any handling or touching of dry ice (risk of injury) is to be avoided.

§ 5 RESERVATION OF TITLE

The delivered goods remain the property of Funzy until the complete payment of the purchase price.

§ 6 RIGHT OF WITHDRAWAL

As far as one of the factual reasons listed below exists after the conclusion of the contract, Funzy is entitled to immediately withdraw from the contract with the purchaser in case of incorrect or untimely self-delivery. This does not apply in case of non-delivery culpably caused by Funzy. Funzy commits itself to inform the orderer about the non-availability of the service immediately if possible. Already exchanged services, especially a total price already paid by the orderer, will be refunded.

§ 7 LIABILITY FOR DEFECTS TOWARDS CONTRACTORS

If there is a defect in the ordered goods, the statutory provisions shall apply. If the purchaser asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as no intentional breach of contract is imputed, the liability for damages shall be limited to the foreseeable, typically occurring damage.

Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

The warranty period for defects shall be 12 months, whereby the commencement of the period shall be governed by law. This shall not apply insofar as it concerns the sale of an item which is normally used for a building and which has caused the respective defect. The limitation of the period of limitation shall not apply in the case of fraudulent intent, intent and in the cases of §§ 478, 479 BGB (German Civil Code).

§ 8 LIABILITY TOWARDS CONTRACTORS

Claims for damages against Funzy, against its employees and/or its vicarious agents, which are based on slight negligence and which do not involve damages for injury to life, body and/or health, are - as far as legally possible - excluded. It is irrelevant whether they result from breach of contract or breach of contractual collateral duties (e.g. §§ 280, 241 para. 2 BGB), from tort, also from the liability of the producer (due to design, production and information errors as well as errors in product monitoring e.g. § 823 BGB).

In the event of a breach of material contractual obligations (cardinal obligations), liability shall also be assumed for slight negligence, but limited to reasonably foreseeable damage typical for the contract. This limitation shall not apply in the event of injury to life, limb and/or health.

Liability based on the Product Liability Act of the Federal Republic of Germany shall exist without limitation.

§ 9 SET-OFF:

The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by Funzy.

§ 10 REVOCATION INSTRUCTION AND CONSEQUENCES OF REVOCATION FOR THE CONSUMER:

For consumers the following applies:

CANCELLATION POLICY:

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Growing Imaginations GmbH, by means of a clear declaration by e-mail or post about your decision to withdraw from this contract. You can use the attached sample revocation form, but an informal e-mail is also sufficient. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.

Consequences of the revocation

If you cancel this contract, we have to refund all payments we have received from you, including delivery costs, at the latest within fourteen days from the day on which we received the notification of your cancellation of 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; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the period of fourteen days. You will be responsible for the cost of returning the goods.

Postal address:

Growing Imaginations GmbH

Friedrichstr. 114A

10117 Berlin, Germany

End of the cancellation policy

Sample cancellation form

(If you want to cancel the contract, please send us an informal email to info@myfunzy.com with your order number or fill out this form and send it back to us).

- To Growing Imaginations GmbH, Friedrichstr. 114A, 10117 Berlin, Germany

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the

the following goods (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete where not applicable.

§ 11 MISCELLANEOUS:

The business relationship between the customer and Funzy is governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods; this also applies if orders are placed from a country other than Germany or if deliveries are made to a country other than Germany.

The contract language is German.

Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.

For entrepreneurs or for deliveries abroad, the following shall apply: The place of jurisdiction for all disputes between the parties arising from or in connection with the respective purchase contract/order shall be Heilbronn for both parties.

Status: February 2021