General Terms and Conditions

1. Area of application

The following terms and conditions apply to all orders. Our online store is aimed at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are outside his or her trade, business or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2. Contracting partner, contract conclusion, correction options

The contract of sale is made with "Fantasia Versand" Mayer Ute e.K..

The presentation of the products in the online store, catalogs, advertisements and documents and other publications are non-binding and do not represent a legal offer. Side agreements, changes and additions to orders placed are only valid if Fantasia Versand confirms them in writing. You can place our products in the shopping cart in the online store without making any binding order and correct your order at any time before submitting your binding order by using the correction tools provided and explained in the order process. By clicking on the order button, you submit a binding offer for the goods in your shopping cart. Confirmation of receipt of your order in the online store will be sent by e-mail immediately after the order has been sent. If you order at a trade fair or customer visit, you submit a binding offer with your signature. If you order by e-mail or telephone, you submit a binding offer when you send the e-mail or when you call.

We accept your offer when

we submit an offer in a separate e-mail or
we deliver the order or
if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”).

The relevant alternative for you depends on which of the events listed occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data in text form. You can view the text of the contract in our customer login. You can find the general terms and conditions in our online shop.

4. Object of the contract

4.1 Product description

Attention is drawn to the validity of the product description as an integral part of the contract. Size specifications, weights etc. are non-binding; small differences are not to be regarded as defects.

4.2 Product pictures

Without affecting your legal warranty rights, we would like to inform you about the following special features. If you are unsure, please contact us:

Due to individual screen configurations (for example resolution and brightness) as well as printed images, small differences between the displayed and the actual product colors are possible, small differences do not constitute a defect.

5. Requirements and handling of customer content

5.1 Requirements

If it is necessary for the fulfillment of the order that you send us content (for example, texts, data, files), the options available for this and any applicable requirements are based on the product description. You are responsible for the content, including the legality and accuracy of the content transmitted by you. We do not carry out any review of the content before completing the order.

5.2 Compliance with the law

The content and the products being created must always be in compliance with the legal regulations. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademark rights or other industrial property rights) and must not feature or serve any purposes that promote violence, discrimination, racism, or other immoral or unconstitutional content.

5.3 Indemnity

You release us from claims by third parties which they may claim in connection with an injury to their rights through the contracted use by us. You shall also assume the necessary costs of legal defense, including all court and legal fees in the legal amount. The indemnity does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are required to inform us immediately, truthfully and completely of all information necessary for the review of the claims and a defense.

5.4 Reservation of withdrawal

We reserve us the right to refuse the order or cancel the contract if the content provided by you for this violates legal or official restrictions or offends public morals or if there is a justified suspect in this regard. This applies in particular to the transfer of anti-constitutional, racist, discriminatory, offensive, youth- endangering and/or violence-glorifying content.

6. Terms of delivery

Delivery options

We ship the products to the delivery address which is specified in the order process.

You have the possibility to pick up your order at Mayer Chess Mayer Ute, Ringstr. 7, 89426 Wittislingen, Germany during the following business hours: Mon-Thu. 08:00 a.m. – 12:00 p.m. and from 01:00 p.m.- 3:00 p.m.; Fri. 08:00 a.m. -12:00 p.m.

7. Payment

7.1 Prices

The prices shown at the time of ordering apply. These are total prices and include VAT.

7.2 Due date and default payment

The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 5.00 for the second and each following reminder. You have the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to companies: In the event of late payment, we reserve the right to charge you statutory interest on late payments at a rate of nine percentage points above the prime rate and a fee of EUR 40,00. Further claims remain unaffected by this.

7.3 Payment methods

The following payment methods are available to you:

Pre Payment
If you choose to pay in advance, we will give you our bank details and deliver the goods after receipt of payment.

Cash payment on pickup
You pay the invoice amount in cash at the pick up.

Cash on delivery
You pay the invoice directly to the deliverer. There is an additional charge of 6.80 Euros.

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal can offer registered PayPal customers, according to their own criteria, additional payment methods in the customer account. However, we have no control over the offers of these payment methods. You can find further information on this in your PayPal account.

8. Reservation of ownership

The product remains our property until full payment has been made.

9. Transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

10. Warranty and guarantees

10.1 Warranty law

The statutory warranty for defects applies.

10.2 Warranties and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

11. Liability

We are always liable without limitation for claims based on damage caused by us or our legal representatives

in the event of injury to life, limb or health,
in the event of intentional or seriously reckless breach of duty,
for guarantee promises, if agreed,
or insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to minor negligence on our part, our legal representatives or agents, liability shall be limited to the amount of damage typically at the time of conclusion of the contract.

Otherwise, claims for damages are excluded.

12. Dispute resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. The OS platform is intended to serve as a contact point for the out- of-court settlement of disputes concerning contractual obligations arising from online sales contracts.

13. Youth protection

If your order includes products whose sale is restricted by age, we use a reliable procedure including a personal identification and age check to ensure that the customer has reached the required minimum age. If a delivery is made, the deliverer will only hand over the goods after an age verification and only to the customer personally. Delivery to packing stations is not possible in this case.

14. Final clauses

Should individual clauses of these General Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory regulations.

The place of performance and jurisdiction is our registered office, Dillingen an der Donau.