GENERAL TERMS AND CONDITIONS

1. scope of application

The following General Terms and Conditions apply to all orders placed by consumers and entrepreneurs.

 

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The sales contract is concluded with European Flipper / Pinball Factory GmbH.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.

 

When the contract is concluded with us depends on the method of payment chosen by you:

credit card

When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Immediately

After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment order. Thus the contract with us comes off.

Cash payment upon pick-up

We accept your order by sending an acceptance declaration in a separate e-mail within two days.

3. contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet.

4. terms of delivery

In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers.

In principle, you have the possibility of collection from European Flipper / Pinball Factory GmbH, Schulstraße 86, 24966 Sörup, Germany during the following business hours: 10-16 hrs.

We do not deliver to packing stations.

5. payment

The following payment methods are available to you in our shop:

credit card

When you place your order, you also send us your credit card details.

After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

 

Immediately

After placing the order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount immediately, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately afterwards and your account will be debited.

Cash payment upon pick-up

You pay the invoice amount in cash on collection.

6. retention of title

The goods remain our property until full payment has been made.

In addition, the following applies to entrepreneurs: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

Parts subject to wear and tear are excluded from warranty claims.

If used goods are purchased by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

If new goods are purchased by consumers, the following shall apply: if the defect occurs after the expiry of two years from delivery of the goods, claims for defects shall be excluded. 

General traces of use are common with used equipment and are excluded from claims for defects.

For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

In relation to entrepreneurs, only our own details and the manufacturer's product descriptions which were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).

As soon as changes or repairs are made which have not been approved or commissioned by the European Flipper / Pinball Factory GmbH, the warranty claim expires.

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed
  • to the extent that the scope of application of the Product Liability Act has been opened up.

For information on any additional warranties that may apply and their exact terms, please refer to the respective product and special information pages in the online shop.

8. liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

  • in the event of injury to life, limb or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • to the extent that the scope of application of the Product Liability Act has been opened up.

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

The place of jurisdiction shall be Flensburg.

9. dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.

 

GENERAL TERMS AND CONDITIONS created with the trusted shops Legal copywriter in cooperation with Wilde Beuger Solmecke Attorneys at Law.

 

Supplementary General Terms and Conditions for hire purchase by easyCredit

1. scope and general terms of use

The following supplementary General Terms and Conditions of Business (hereinafter referred to as GTC) apply between you and the dealer for all contracts concluded with the dealer, in which the hire purchase by easyCredit (hereinafter referred to as hire purchase) is used.

In case of conflict, the supplementary terms and conditions shall take precedence over any other general terms and conditions of the merchant.

An instalment purchase is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18.

2. hire purchase

For your purchase, the dealer, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG), provides you with the installment purchase as a further payment option.

The dealer reserves the right to check your creditworthiness. For further details, please refer to the hire-purchase data protection notice in the order section. If the use of instalment purchase is not possible due to insufficient creditworthiness or the reaching of the dealer turnover limit, the dealer reserves the right to offer you an alternative billing option.

The contract for an instalment purchase is concluded between you and the dealer. With an installment purchase you decide to pay the purchase price in monthly installments. Monthly instalments are to be paid over a fixed term, whereby the final instalment may differ from the previous instalments. The ownership of the goods remains reserved until full payment has been made.

The receivables arising from the use of instalment purchases are assigned to TeamBank AG by the dealer within the framework of an ongoing factoring agreement. Payments can be made with debt-discharging effect exclusively to TeamBank AG.

3. instalment payment by SEPA direct debit

By means of the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made by the installment purchase from your current account specified in the order process at the bank specified there by means of a SEPA direct debit.

TeamBank AG will notify you of the collection by e-mail at the latest one calendar day before the SEPA direct debit is due (pre-notification/advance notice). The direct debit

shall be made no earlier than the specified date of advance notice. A later, prompt collection can take place.

If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. by means of credit notes), the amount debited may differ from the amount stated in the pre-notification.

You must ensure that your current account has sufficient cover at the time of maturity. Your credit institution is not obliged to honour the direct debit if there are insufficient funds in your current account.

Should a return debit note be issued due to a lack of necessary funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible.

The fees charged to TeamBank AG by your credit institution in the event of a return debit note are passed on to you and are to be settled by you.

If you are in arrears, TeamBank AG is entitled to a reasonable reminder fee or interest on arrears of five percentage points above the

the respective base rate of the European Central Bank.

Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the reversal of the payment is carried out in agreement with the merchant by retransfer of the corresponding amount or by a credit note.