Terms of service

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for processing goods according to specific requirements of the customer
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Artur Alaverdyan, trading as "Brick Manufacture" (hereinafter "seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller in respect of the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 When ordering via the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before submitting the order via the seller's online order form in a binding manner, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Various languages are available for concluding the contract. The specific choice of languages is displayed in the online shop.

2.8 Order processing and contact generally take place by email and automated order processing. The customer must ensure that the email address they provide for order processing is correct, so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise if delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the seller also offers payment methods via PayPal in which he makes advance performance towards the customer (e.g. purchase on account or payment in instalments), he assigns his payment claim to this extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Shopify may use further payment services, for which special payment terms may apply and to which the customer may be separately referred. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and shipping terms

5.1 If the seller offers to ship the goods, delivery is made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. By way of derogation, if the PayPal payment method is selected, the delivery address stored with PayPal by the customer at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of outbound shipping if the customer effectively exercises their right of withdrawal. With regard to the return shipping costs, if the customer effectively exercises the right of withdrawal, the provision made in the seller's withdrawal policy applies.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer even in the case of consumers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to himself. This applies only in the event that the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

• by download
• by email
• by post

6) Retention of title

6.1 Towards consumers, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 Towards entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, the following also applies:

In the event of processing of the delivered goods, the seller is deemed to be the manufacturer and acquires title to the newly created goods. If the processing is carried out together with other materials, the seller acquires title in the ratio of the invoice value of his goods to that of the other materials. If, in the event of the goods of the seller being combined or mixed with an item belonging to the customer, that item is to be regarded as the principal item, co-ownership of the item passes to the seller in the ratio of the invoice value of the seller's goods to the invoice value or, in the absence of such a value, the market value of the principal item. In these cases, the customer is deemed to be the custodian.

The customer may neither pledge items subject to retention of title or reservation of rights nor assign them as security. The customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns in advance to the seller all claims against third parties arising from this, in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets their payment obligations towards the seller, does not fall into arrears with payment and no application has been filed for the opening of insolvency proceedings.

The customer must notify the seller immediately of any access by third parties to the goods owned or co-owned by the seller or to the assigned claims. The customer must immediately pay over to the seller amounts assigned to the seller and collected by the customer, insofar as the seller's claim is due.

Insofar as the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding proportion of the security rights at the customer's request.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• for used goods, claims based on defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

• to claims by the customer for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of section 1 of the German Commercial Code (HGB), the commercial duty to examine the goods and give notice of defects pursuant to section 377 HGB applies. If the customer fails to comply with the notification obligations set out therein, the goods are deemed to be approved.

7.5 If the customer acts as a consumer, they are asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer fails to do so, this has no effect whatsoever on their statutory or contractual claims based on defects.

8) Liability

The seller is liable to the customer under all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise stipulated in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, his liability is limited to the foreseeable damage typical for the contract, unless he is liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In all other respects, liability of the seller is excluded, unless he is liable without limitation pursuant to the preceding paragraph.

8.3 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Special conditions for processing goods according to specific requirements of the customer

9.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to specific requirements of the customer, the customer must provide the seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and must grant the seller the rights of use required for this. The customer alone is responsible for procuring these contents and acquiring the rights to them. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no rights of third parties are infringed thereby, in particular copyright, trademark and personality rights.

9.2 The customer indemnifies the seller against claims that third parties may assert against the seller in connection with an infringement of their rights by the seller's contractual use of the customer's content. In this respect, the customer also assumes the necessary costs of legal defence, including all court and lawyers' fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller without delay, truthfully and in full with all information required to examine the claims and mount a defence.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates statutory or official prohibitions or public morals. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive content, content harmful to minors and/or content glorifying violence.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 If the promotional voucher relates to a specific value and not to a percentage price reduction, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances are credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

11.4 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.6 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.7 The gift voucher is transferable. The seller can render performance with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge, or is unaware as a result of gross negligence, of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

12) Applicable law

12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as it does not remove the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

13) Alternative dispute resolution

The seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.