General Terms and Conditions with Customer Information

1. Table of Contents
2. Scope of Application
3. Conclusion of Contract
4. Right of Withdrawal
5. Prices and Payment Conditions
6. Delivery and Shipping Conditions
7. Retention of Title
8. Liability for Defects (Warranty)
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Fun Facts B.V. (hereinafter "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter “you”), conclude with us with regard to the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 You are considered a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that predominantly cannot be attributed to your commercial or independent professional activity.

1.3 You are considered an entrepreneur within the meaning of these GTC if you act as a natural or legal person or a partnership with legal capacity when concluding a legal transaction in the exercise of your commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part but serve as a basis for you to submit a binding offer.

2.2 You may submit your offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, by clicking the button that completes the order process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart.

2.3 We may accept your offer within five days:

• by sending you a written order confirmation or a confirmation in text form (fax or email), whereby receipt of the confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within this period, this shall be deemed a rejection with the consequence that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the PayPal terms of use available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if you do not have a PayPal account—under the terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full

If you choose a PayPal payment method during the ordering process, we hereby declare acceptance of your offer at the moment you click the button completing the order process.

2.5 When submitting an offer via our online order form, the contract text is stored by us after the contract is concluded and sent to you in text form (e.g. email, fax, or letter). No further access to the contract text is provided by us. If you have created a user account in our online shop before submitting your order, the order data will be archived on our website and can be accessed free of charge via your password-protected user account using your login details.

2.6 Before submitting a binding order via our online order form, you can identify input errors by carefully reviewing the information displayed on the screen. A useful technical means for better identifying input errors may be the zoom function of your browser, which enlarges the display. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button completing the order process.

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

2.8 Order processing and contact are generally carried out via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received. In particular, you must ensure that emails sent by us or by third parties commissioned by us are not blocked by spam filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in our product descriptions, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to you in our online shop.

4.3 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract unless we have agreed a later due date with you.

4.4 If you select a payment method offered via the payment service “Shopify Payments,” payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are displayed in our online shop. Stripe may use additional payment services for processing payments, for which special terms may apply. Further information on “Shopify Payments” can be found at: https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Conditions

5.1 If we offer shipping, delivery will be made within the specified delivery area to the delivery address provided by you unless otherwise agreed. The delivery address specified during order processing is decisive. In the case of PayPal payments, the delivery address stored in your PayPal account at the time of payment is decisive.

5.2 If delivery fails for reasons for which you are responsible, you shall bear the reasonable costs incurred. This does not apply to shipping costs if you effectively exercise your right of withdrawal. Return shipping costs are governed by our withdrawal policy.

5.3 If you act as an entrepreneur, the risk of accidental loss or deterioration passes to you once the goods are handed over to the carrier. If you act as a consumer, the risk generally passes only upon delivery of the goods to you or an authorized recipient. However, if you commission the carrier yourself, the risk passes to you once the goods are handed over to the carrier.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of Title

If we make advance performance, we retain ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stated, statutory provisions on liability for defects apply.

7.1 If you act as an entrepreneur:

• we have the choice of the type of subsequent performance;
• the limitation period for defect claims for new goods is one year from delivery;
• defect claims for used goods are excluded;
• the limitation period does not restart if a replacement delivery is made.

7.2 The above limitations do not apply:

• to claims for damages or reimbursement of expenses;
• if we have fraudulently concealed the defect;
• for goods used in construction causing defects;
• for obligations to provide updates for digital products.

7.3 Statutory limitation periods for recourse claims remain unaffected.

7.4 If you act as a consumer, you are requested to report obvious transport damage to the delivery agent and inform us. Failure to do so does not affect your statutory rights.

8) Applicable Law

All legal relationships between the parties are governed by the law of the Kingdom of Belgium, excluding the laws on international sales of movable goods. For consumers, this applies only insofar as mandatory consumer protection laws of their country of residence are not overridden.

9) Alternative Dispute Resolution

We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.