Terms and conditions of figuya
Terms and conditions of figuya

Plauener Straße 163-165
13053 Berlin
Germany
Stand 09.12.2011
  1. Scope, customers
    1. These terms and conditions apply to claims arising from contracts concluded between Figuya Gmbh and the customer via the online shop www.figuya.de.
    2. Figuya Gmbh sells products of the category "Hentai figures" only to persons who are at least 18 years old and fully contractually capable at the time of placing the order. Additionally, if a customer's place of residence is not located in the Federal Republic of Germany, they must be of legal age according to the respective country's law at the time of placing the order.
  2. Prices, services, shipping
    1. The total price of products including all related components of the price arises from the information provided in the product description. Unless stated otherwise, all listed prices include the statutory VAT that is paid to the tax office by Figuya Gmbh.
    2. Unless stated otherwise in the product description, all prices refer to the depicted and described product without accessories or decoration.
    3. Products will be shipped only if not stated otherwise in the product description and only to the countries listed under "Shipping Information". If the customer opts to have the product shipped, they will be charged the shipping costs if the product is not declared as free of shipping or the conditions for free shipping are not fulfilled. Shipping costs are charged as a shipping and handling fee including the statutory VAT of presently 19%. The shipping and handling fee depends on weight and size of the product, payment method and country of destination. The relevant information on weight and size for calculating the shipping and handling fee is displayed on the product page. A list of shipping and handling fees can be found under "Shipping Information". The specific shipping costs arising from an order are displayed to the customer on the final page before placing an order ("Place Order"). For cash on delivery (DHL Nachnahme) packages, the shipping and handling fee does not include the transaction fee charged by the parcel service. Deutsche Post and DHL currently charge €2.00 as a transaction fee (VAT-exempt according to UStG) which is to be paid directly to the parcel service. When shipping to countries outside of Germany, the customer bears any costs arising from possible additional taxes and charges like customs etc.
  3. Conclusion of contract
    1. The products listed in the www.figuya.de online shop do not constitute a binding offer of Figuya Gmbh but an invitation to the customer to submit a binding offer to Figuya Gmbh.
    2. Such a binding offer is submitted to Figuya Gmbh by the customer by clicking the "Place order" button (at step 4, "Place Order", when placing an order). The binding offer of the customer aims to conclude a contract on all products listed in the shopping cart at the time of clicking the button "Place order" between them and Figuya Gmbh.
    3. Figuya Gmbh is entitled, but not obliged, to accept the customer's offer within two workdays (Mon – Sat) starting from the time the order is placed according to sub-paragraph 3.2. Through the acceptance of the offer by Figuya Gmbh, the contract between the customer and her is concluded.
    4. Acceptance is carried out by sending the product or an order confirmation explicitly declared as such to the customer.
    5. The non-binding confirmation of order placement Figuya Gmbh sends to the customer by email is not a declaration of acceptance. This means sending the confirmation of order placement does not lead to a conclusion of contract. The confirmation of order placement is only a summary of the offer the customer has sent to Figuya Gmbh. It is solely intended for non-binding informational purposes.
    6. A customer with a registered account can make a non-binding expression of interest in a not-yet-available product (subsequently called a "reservation"). With reservations the contract is concluded in the following way: The reservation, made by clicking the "Reserve" button (on a pre-orderable product's page) and confirming, is not a binding offer of the conclusion of a contract on the reserved products. The customer can submit a binding offer at any time by clicking the "Pay now" button on the Reservations page and placing a binding order. At the latest when the product arrives in store, the customer will receive an email with information on how to place an order for the product ("Pay now" button next to the reserved product). The customer can then submit a binding offer of the conclusion of a sales contract on the product to Figuya Gmbh by placing an order within 7 days (Mon – Sun) of receiving the email. Figuya Gmbh is entitled, but not obliged, to accept the customer's offer of contract conclusion within two workdays (Mon – Sat) starting from the time the order is placed according to the preceding sentence. Through the acceptance of the offer by Figuya Gmbh, the contract between the customer and her is concluded. Acceptance is carried out by sending the product or an order confirmation explicitly declared as such to the customer.
  4. Stipulation on the regular costs of returns in case of revocation by the customer
    1. The contract concluded between the customer and Figuya Gmbh via the www.figuya.de online shop is a distance contract within the meaning of § 321b paragraph 1 of the German Civil Code (BGB). If the customer is a consumer within the meaning of § 13 BGB, they have the right of revocation according to §§ 312d, 355 BGB (Right of revocation and right of return in distance contracts). A consumer within the meaning of § 13 BGB is any natural person that conducts a legal transaction for a purpose not arising from their professional employed or self-employed career. To inform the customer, the revocation policy is available on the shop page. The revocation policy as well as all statutory information is sent to the customer in the non-binding confirmation of order placement email.
    2. By checking the box next to "I confirm that I read and understood the return policy and the customer information." and submitting the binding offer of the conclusion of a sales contract on the products listed in the shopping cart at that time by clicking the "Place order" button on the "Place Order" page, the customer agrees to bear the regular costs of the return in case of exercising their right of revocation according to § 312d par. 1 clause 1, § 355 BGB if:
      • the price of the product does not exceed €40, unless the delivered product does not match the ordered product or
      • if the price exceeds €40 but the customer has not provided payment or partial payment at the time of revocation, unless the delivered product does not match the ordered product.
    3. In all other cases, the return is free of charge for the customer. Return shipment is always at the risk of Figuya Gmbh. Original shipping costs will be reimbursed to the customer or - if payment was not provided at the time of revocation - not charged if the customer exercises their right of revocation.
    4. Detailed information is available for the customer on the "Return policy" page. The revocation policy is send to the customer in the non-binding confirmation of order placement email.
  5. Payment
    1. If not specified differently on the product page or in the description of the chosen payment method, the buying price is due immediately after conclusion of the contract. The payment is to be made to the specified bank account of Figuya Gmbh. The account data is given to the customer in the non-binding confirmation of order placement email. Alternatively, the payment can be made via PayPal or cash on delivery shipment. The customer is in default at the latest 30 days after the due date and receipt of the invoice or an equivalent request for payment if payment is not provided. If the customer is a consumer within the meaning of § 13 BGB, this only applies if these consequences were explicitly stated in the invoice or request for payment. A consumer within the meaning of § 13 BGB is any natural person that conducts a legal transaction for a purpose not arising from their professional employed or self-employed career.
  6. Reservation of supply deliveries
    1. Figuya Gmbh is entitled to withdraw from the contract with the customer if, at the time of contract conclusion, she had already concluded a contract of purchase for the product but is not supplied with the product due to unpredictable circumstances without fault on her part.
    2. In this case, Figuya Gmbh will promptly (without undue delay) inform the customer about the unavailability of the ordered product and, if she wants to withdraw from the contract, exercise the right of withdrawal immediately. In the case of withdrawal, Figuya Gmbh will promptly reimburse any payments already made by the customer.
  7. Transport damage
    1. If products are delivered with obvious transport damage, the customer is requested without obligation to make a complaint to the parcel service and notify Figuya Gmbh via kontakt@figuya.de or telephone so she can support her own claims against the transport carrier or the transport insurance.
    2. There are no legal consequences for the customer if they do not report obvious transport damage and/or do not inform Figuya Gmbh. The statutory warranty rights and the right of revocation in particular will not be restricted. In relations with consumers, transport is always at the risk of Figuya Gmbh. The preceding request in subparagraph 7.1 also does not result in a change in the burden of proof.
  8. Reservation of ownership
    1. Figuya Gmbh retains ownership of the product(s) delivered to the customer until the full payment is made. Products under reservation of ownership may not be sold to a third party, lent, given away as a gift, pawned or pledged as security before the secured claim has been paid in full. The customer is obligated to immediately notify Figuya Gmbh in writing if a third party accesses products owned by her. On default of payment of the due buying price, Figuya Gmbh is entitled to withdraw from the contract according to law and reclaim the product(s) based on the reservation of ownership and withdrawal if she has granted an appropriate period of time for payment (unless setting a period of time is rendered unnecessary by law).
  9. Warranty
    1. Warranty is given in accordance with statutory regulations unless specified otherwise in subparagraph 9.2 on the limitation of customer claims regarding sales of pre-owned products.
    2. The statute of limitations for claims on material defects regarding sales of pre-owned, movable products is restricted to one year. If the customer is an entrepreneur within the meaning of § 14 BGB, claims and rights relating to material defects are excluded. An entrepreneur according to § 14 BGB is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
    3. The preceding limitations of a customer's claims and rights relating to material defects do not apply
      1. to claims on defects in relation to a building or to a material that has been used for a building in accordance with the normal way it is used and has resulted in the defectiveness of the building (§ 438 par. 1 no. 2 BGB);
      2. if the seller fraudulently concealed the defect or has given a guarantee of the quality of the product;
      3. to claims for damages based on injury to life, body or health;
      4. to other claims for damages based on deliberate or grossly negligent acting or a culpable violation of an essential contractual obligation by the seller or a vicarious agent of the seller. An essential contractual obligation is an obligation that requires a proper execution of the contract to be fulfilled and a customer can expect to be fulfilled regularly.
      5. to claims based on the product liability law.
    4. In cases a) - e) the statutory regulations on warranty apply.
    5. The statutory regulations on commencement of the limitation period, suspension of expiry, suspension and recommencement of the limitation period are not restricted by subparagraph 9.2. The regulations in subparagraph 9.2 do not result in a change in the burden of proof to the customer's disadvantage.
  10. Final provisions
    1. The substantive law of the Federal Republic of Germany applies, excluding the regulations of the international private law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
    2. If a customer with a habitual residence outside of Germany concluded the contract for a purpose not arising from their professional employed or self-employed career and executed all legal proceedings necessary for contract conclusion in the country of his habitual residence, the statutory regulations of that country remain unaffected by subparagraph 10.1 of these terms and conditions.
    3. If the customer is a merchant, a corporate body under public law or a special fund under public law, the place of residence of Figuya Gmbh is declared as the place of execution of delivery and payment.
    4. If the customer is a merchant, a corporate body under public law or a special fund under public law, the place of residence of Figuya Gmbh is declared as the sole place of jurisdiction for all disputes arising from contracts.