BrickMarkt General Terms and Conditions of Purchase

1. Seller information and scope

Purchases made through www.brickmarkt.com are governed by these General Terms and Conditions. The seller is SEPTORUMAGIC S. L., Spanish tax identification number B90413303, with its registered office at Calle Hernán Cortés, No. 29, ground floor, 41900 Camas, Seville, Spain. Its customer service email address is admin@brickmarkt.com. The seller is referred to below as “BrickMarkt”.

These Terms and Conditions apply to orders placed through our online store. Customers may read them before confirming an order and must expressly accept them to complete their purchase. The version applicable to an order is the version published when that order is placed. Subsequent changes will not affect orders already placed.

Promotions and offers may have additional terms, which will be displayed with the relevant promotion or offer. Those additional terms apply only to that promotion or offer and do not reduce customers’ statutory rights.

2. Sales exclusively to private customers

BrickMarkt’s online store accepts orders only from private customers purchasing for personal, family or household purposes. Orders intended for resale, distribution or any other commercial or professional activity are not accepted.

If there are reasonable indications that an order is intended for one of those purposes, we will contact the buyer to clarify the situation. If it is confirmed that the order does not meet this requirement, we may reject or cancel it and will refund in full any amount paid for products that have not been supplied. Requesting an invoice or buying several different products does not, by itself, mean that an order is for professional purposes.

3. Limit of three units per product and customer

We can supply a maximum of three (3) units of the same product reference to the same customer. This limit applies across all of that customer’s orders, even if they are placed separately or through different accounts. Splitting a purchase into multiple orders does not increase the maximum number of units we can supply.

A product reference is a specific product identified as such in our catalogue. If an item is sold as a pack or bundle, each pack or bundle counts as one unit of that reference. We may nevertheless assess whether multiple orders have been placed to circumvent the limit.

If we receive an order exceeding the limit, or several orders from the same customer that exceed it in total, we will contact the customer and limit the supply to three units of the affected reference. We will cancel and refund the units above that limit. If this change affects shipping charges, discounts or other financial terms of the order, we will communicate the revised total before dispatching the order. The customer may then accept the revised order or cancel the affected order and receive the applicable refund.

This limit is a general condition of sale; it does not apply only to discounted or promotional products. BrickMarkt may set a lower limit for specific items if that limit is clearly displayed on the product page or in the terms of a promotion before purchase.

4. Products, prices and availability

Each product page sets out the product’s main characteristics, price and any applicable specific terms. Photographs are provided for information purposes; the product description specifies the characteristics of the item offered.

Prices are shown in euros and include applicable taxes. Shipping charges and any other additional costs will be displayed before the customer confirms the order.

Adding a product to the basket does not reserve it. If, after receiving an order, we find that an item is unavailable, we will inform the customer without undue delay and offer them the option of receiving the rest of the order, where appropriate, or cancelling the affected part. We will refund amounts paid for products we cannot supply. Before making a partial shipment, we will also inform the customer of any change to shipping charges or the financial terms of the order.

If we identify an obvious error in a product’s price or essential characteristics, we will inform the customer as soon as possible. We will not unilaterally change the price of a confirmed order. The customer may accept the correct terms by confirming them again or cancel the affected product and recover the amount paid for it.

5. Placing an order

The customer selects the products and quantities, provides the information needed for billing and delivery, chooses from the available delivery and payment options, checks the total amount and confirms the purchase using the relevant button.

After confirmation, we will send an email containing the order details. Customers must provide accurate information and inform us as soon as possible if they discover an error in their contact or delivery details.

Order confirmation does not prevent the application of these Terms and Conditions concerning availability, unit limits or the purpose of the purchase. If an order needs to be changed or cancelled for one of these reasons, we will inform the customer and process the applicable refund without undue delay.

6. Payment methods

Customers may pay using the payment methods displayed as available during checkout. The total amount, including applicable shipping charges, will be displayed before the order is confirmed.

Payments are processed through the payment service providers enabled in the store. BrickMarkt will not add a charge for a payment method unless that charge was displayed to the customer beforehand.

7. Delivery, shipping charges and risk during transport

Delivery areas, shipping options, charges and estimated delivery times will be displayed during checkout, before the customer confirms the order. Store collection may also be offered when that option is shown as available.

Unless a different delivery period has been agreed with the customer, the order will be delivered without undue delay and, in any event, within the statutory maximum of 30 calendar days from the conclusion of the contract. If an issue prevents us from meeting the applicable delivery period, we will inform the customer and respect their rights under consumer law.

BrickMarkt bears the risk of loss of or damage to the product during transport until the customer, or a person designated by the customer other than the carrier, takes physical possession of the order. The statutory exception applies where the customer chooses a carrier that was not offered by BrickMarkt.

If a parcel arrives visibly damaged, we recommend recording this with the carrier and informing us as soon as possible. This recommendation helps us handle the issue, but does not restrict the customer’s statutory guarantee or other rights.

If the customer provides an incorrect address, or delivery cannot be completed for a reason attributable to the customer, we will explain the available options and the cost of any new delivery before arranging it. If the delivery failure is attributable to BrickMarkt or to a carrier offered by us, we will bear the costs necessary to resolve it.

8. Cancellation before dispatch

Customers may request cancellation by emailing admin@brickmarkt.com and providing their order number. If the order has not yet been dispatched, we will cancel the requested products and refund the amounts paid for them. If the order has already been dispatched, the customer may exercise their right of withdrawal where applicable, as explained below.

9. Right of withdrawal for online purchases

A consumer may withdraw from an online purchase without giving a reason within 14 calendar days of the day on which the consumer, or a person designated by them other than the carrier, receives the product. If products from the same order are delivered separately, the period begins when the last product is received.

To exercise this right, the customer only needs to send us a clear statement of their decision before the period expires. They may email admin@brickmarkt.com or write to SEPTORUMAGIC S. L., Calle Hernán Cortés, No. 29, ground floor, 41900 Camas, Seville, Spain. The withdrawal form at the end of these Terms and Conditions may be used, but it is not compulsory. We will acknowledge receipt of a withdrawal notice submitted electronically.

After notifying us of their withdrawal, the customer must send or deliver the products to SEPTORUMAGIC S. L. — BrickMarkt, Crta. Ruta de la Plata N-630, km 809, 41907 Valencina de la Concepción, Seville, Spain, without undue delay and no later than 14 calendar days after notifying us. The deadline is met if the customer sends the products before that period expires.

Who pays return shipping when a customer withdraws because they no longer want the product: the customer bears the direct cost of returning the products to BrickMarkt. The customer may choose an appropriate shipping service. We recommend keeping proof of dispatch. If we offer a return label arranged by us, we will disclose its cost beforehand; the customer may accept it or arrange return shipping independently.

What we refund: we will refund the price paid for the products covered by the withdrawal. If the customer withdraws from the entire order, we will also refund the cost of the least expensive standard delivery option that we offered for that order. We are not required to refund the additional cost of a more expensive delivery option expressly chosen by the customer. If the withdrawal concerns only part of an order, we will refund the price of the returned products and any original shipping charges that must be refunded under applicable law.

We will issue the refund using the same payment method used for the purchase, unless the customer expressly agrees to another method at no cost to them. We will do so without undue delay and within 14 calendar days of being informed of the withdrawal. We may withhold the refund until we receive the products or the customer provides proof of their return, whichever occurs first.

The customer may examine a product as necessary to establish its nature, characteristics and functioning. Opening the packaging does not, by itself, remove the right of withdrawal. The customer is responsible only for any reduction in value caused by handling beyond what is necessary for that examination.

Statutory exceptions to the right of withdrawal apply only when their requirements are met. These include goods made to the customer’s specifications or clearly personalised, and sealed goods that are unsuitable for return for health protection or hygiene reasons if they have been unsealed after delivery. An ordinary toy or collectable does not automatically lose the right of withdrawal merely because its box has been opened; each case will be assessed under the law.

10. Incorrect, damaged, incomplete or non-conforming products

If the customer receives the wrong product, an item is missing, or a product is damaged or does not conform to the contract, they may contact admin@brickmarkt.com with their order number and a description of the issue. They may attach photographs if available, but photographs are not a prerequisite for exercising their statutory rights.

We will handle the issue directly with the customer and explain the necessary steps. BrickMarkt will bear the necessary collection or return costs and the cost of delivering the appropriate remedy where an order-picking error, transport damage or lack of conformity covered by the statutory guarantee is confirmed. If we arrange collection or provide a return label, the customer will not be charged. If we exceptionally agree that the customer will advance a necessary and reasonable shipping cost, we will reimburse it on receipt of proof of payment.

The customer is not required to pursue a claim with the manufacturer in order to exercise their rights against BrickMarkt.

11. Statutory guarantee

Products sold to consumers are covered by the statutory guarantee of conformity. For new goods, BrickMarkt is liable for any lack of conformity that existed at delivery and becomes apparent within three years of delivery.

In the event of a lack of conformity, the customer may request repair or replacement under the conditions laid down by law. Where legally applicable, the customer may request a price reduction or termination of the contract. Measures to bring a product into conformity will be free of charge to the consumer, including necessary transport, shipping, labour and material costs.

If second-hand products are sold, they will be identified as such on their product pages. Any specific liability period permitted by law must be expressly agreed and may not be shorter than the statutory minimum. Any commercial warranty offered by a manufacturer is additional to the customer’s rights against BrickMarkt.

12. Summary of return shipping costs

Withdrawal from an online purchase: if a customer returns a product within the statutory period because they no longer want it, they bear the direct cost of sending it back to BrickMarkt, unless we expressly agree to cover that cost. If they withdraw from the entire order, we will also refund the cost of the least expensive standard delivery option that we offered for that order. The detailed terms in Section 9 apply.

Incorrect, damaged, incomplete or non-conforming product: where a return is necessary because of an error by BrickMarkt, transport damage or a lack of conformity covered by the statutory guarantee, BrickMarkt bears the necessary collection or return costs and the cost of delivering the appropriate remedy. The customer will not be charged for resolving the issue.

Voluntary exchange: if a customer requests an exchange of a conforming product outside the scope of withdrawal or the statutory guarantee, the exchange requires BrickMarkt’s prior acceptance. Before processing it, we will explain in writing any return or new-delivery costs.

Cancellation before supply: if BrickMarkt cancels a product or order because it is out of stock, exceeds the unit limit or is not intended for a private customer, there is no product to return. We will refund the amount paid for products that are not supplied and any shipping charges that must be refunded.

13. Customer service and complaints

For questions about orders, withdrawal, returns or guarantees, customers may email admin@brickmarkt.com or write to SEPTORUMAGIC S. L., Calle Hernán Cortés, No. 29, ground floor, 41900 Camas, Seville, Spain. We recommend including the order number so that we can locate the purchase quickly.

Customers may also use any applicable public consumer information, complaint and dispute resolution services.

14. Personal data

Personal data provided during the purchase process will be handled in accordance with the Privacy Policy published on our website. That policy explains who is responsible for processing the data, the purposes and legal bases for processing, and individuals’ rights.

15. Applicable law

These Terms and Conditions are governed by Spanish law. Any dispute will be heard by the courts that have jurisdiction under applicable law. Nothing in these Terms and Conditions restricts consumers’ mandatory statutory rights.

Withdrawal form

Complete and send this form only if you wish to withdraw from an online purchase. You may also notify us through any other clear statement of your decision.

To: SEPTORUMAGIC S. L.
Postal address for withdrawal notices: Calle Hernán Cortés, No. 29, ground floor, 41900 Camas, Seville, Spain
Email: admin@brickmarkt.com

I hereby give notice that I withdraw from my contract of sale for the following products:

Products:
Order number:
Ordered on:
Received on:
Consumer’s name:
Consumer’s address:
Date:
Signature: Only if this form is submitted on paper.