Terms & Conditions
§ 1 Scope
The following General Terms and Conditions (GTC) of Wisteria GmbH, Hechtstr. 43, 82266 Inning, Germany (hereinafter the "Seller") apply to all orders placed through our online shop by consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
§ 2 Contracting party, conclusion of contract
The purchase contract is concluded with the Seller named above.
The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to order. By clicking the order button you place a binding order for the goods in your shopping cart.
We accept your order with the order confirmation we send you by email once your payment is complete; this concludes the contract. That email also confirms that we have received your order.
If we place an order for you, for example after a request to our customer service, we send you the order with all prices by email. The contract is concluded when you pay it or confirm it to us.
§ 2a Order process, contract text and language
You put the goods you want into the cart and go to the checkout. There you enter your delivery address, choose the payment method and place your order with the order button. Until then you can check and correct your entries, change the cart or cancel the process.
We store the contract text. You receive it with the order confirmation by email: the order details in the email, and these terms, the withdrawal notice and the shipping and payment information as a PDF. If you have a customer account, you will also find your orders there.
You can conclude the contract in German, English, French, Spanish, Italian, Japanese or Chinese.
§ 3 Prices and payment
The prices stated are total prices and include statutory VAT. Any additional shipping costs are shown separately during the order process.
In the online shop you pay by credit or debit card (via Stripe) or via PayPal. If we place an order for you, for example after a request to our customer service, you can also pay it by bank transfer; we then give you our bank details with the order and deliver the goods after receipt of payment.
§ 4 Delivery
Delivery is made to the delivery address you provide. Information on delivery times and shipping costs can be found on our "Shipping and payment" page and during the order process. Collection in person is not possible.
§ 5 Retention of title
The goods remain our property until full payment has been received.
§ 6 Right of withdrawal
As a consumer you have a statutory right of withdrawal. For deliveries within Germany we bear the cost of the return; for deliveries to any other country you bear it, unless the law of the country in which you have your habitual residence mandatorily provides otherwise. Your rights where goods are faulty, damaged in transit or not as described are unaffected and apply wherever we deliver. Details are set out in our Right of Withdrawal notice. You can also withdraw online, through "Withdraw from contract here" at the bottom of every page.
§ 7 Warranty
The statutory liability for defects applies. The legal guarantee period is at least two years from delivery.
If goods are defective, you can choose between repair, for example with a replacement part, and replacement; we bear the cost. If you choose repair, the original limitation period for claims based on a defect is extended once by twelve months.
Report defects and complaints to us by email at support@puzzlepotato.com, with your order number. Replacement parts for our puzzle boxes and their prices are in our online shop for as long as they are offered there.
§ 8 Liability
We are liable without limitation under the statutory provisions for damages arising from injury to life, body or health, and in cases of intent and gross negligence. In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the foreseeable damage typical for the contract. Otherwise liability is excluded. Liability under the Product Liability Act remains unaffected.
§ 9 Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 10 Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
§ 11 Ideas and feedback
This section applies to all ideas, suggestions and feedback (together “submissions”) that you send us through the idea box on our website, whether or not you order from us. By sending a submission you agree to the following terms.
Submissions are voluntary and free of charge. You receive no remuneration, licence fee, share of profits or any other consideration for a submission or for its use. There is no entitlement to our reading, answering, assessing or implementing a submission, or to being named as its author.
Submissions are not confidential, and we are under no obligation of secrecy. So do not send us anything you want to keep secret or protect yourself, for example an invention you intend to patent.
To the extent that rights exist in your submission, in particular copyright or design rights, you grant us, free of charge, a non-exclusive, transferable right to use it that is unlimited in time, territory and content. It includes in particular the right to edit the submission in whole or in part, to combine it with other content, to implement it in products such as puzzle boxes, instructions and packaging, to manufacture these or have them manufactured, to reproduce, distribute and make them publicly available and to advertise them, and to grant rights of use to third parties, in particular manufacturers and companies affiliated with us. If your submission contains an invention, you transfer to us the right to the invention, including the right to apply for patents, utility models or other protective rights for it.
We develop new puzzles ourselves and receive many submissions. We may therefore already be working on similar ideas or develop them independently of you. A similarity between your submission and our products does not in itself give rise to any claims against us.
Only send submissions that originate from you and do not infringe the rights of third parties, for example none that contain confidential information of your employer. If you are under 18, only send a submission with your parents' consent.
Please do not write any personal data in your submission. How we handle submissions is described in our privacy policy (section 18a).