You can also find our Terms and Conditions in German here.
Please note: This English version of these Terms and Conditions is provided for informational purposes only and has been generated through automated translation. While we strive for accuracy, the German original shall prevail in the event of any discrepancies, inconsistencies, or interpretation issues and shall be the sole legally binding version.
1.1. These General Terms and Conditions (GTC) of raabrick Werbeagentur e.U. – Markus Raab, Goethestraße 26, 4910 Ried im Innkreis (hereinafter referred to as “we” or “us,” among other terms) apply to orders or contracts (hereinafter collectively referred to as the “Order”), as well as the sale and delivery of all goods and services from our product range and for other legal transactions; these GTC are accepted by the customer (hereinafter referred to as “you”) with each order; We may amend these Terms and Conditions at any time, and the version current at the time of your order shall apply.
1.2. In addition, these Terms and Conditions are available at any time on our website (http://www.raabrick.at/agb.pdf) as a PDF in German and may be downloaded, saved, and printed for your records.
1.3. We do not recognize any provisions of the contracting party (customer) that conflict with, deviate from, or supplement our General Terms and Conditions.
1.4. There are no oral side agreements. Any amendments or additions to this contract must be made in writing to be valid, and this requirement cannot be waived orally.
1.5. For the purposes of these Terms and Conditions, “customer” refers to business entities as defined in § 1 of the Consumer Protection Act (KSchG).
1.6. Should any provision of this contract be invalid or unenforceable, or become invalid or unenforceable after the contract is concluded, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective that the contracting parties intended to achieve with the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to contain any omissions.
1.7. If you did not receive these Terms and Conditions along with the offer, or if they were not otherwise provided to you, these Terms and Conditions shall nevertheless apply if you were familiar with them from a previous business relationship or should have been familiar with them.
2.1. The subject of this contract is the custom production of snap-together toy models by us as promotional items, in accordance with your specifications.
2.2. The building blocks used are LEGO brand building blocks—provided that this is possible given the availability of the necessary building blocks at a reasonable price. Only new building blocks are used, which are sourced from carefully selected suppliers. Used blocks are not used.
2.3. If necessary, and after consulting with you, we may use compatible modular components from other manufacturers if certain parts are no longer available through regular channels. Such use will only occur with your prior consent.
2.4. If a required component suddenly becomes permanently unavailable (e.g., due to a production halt, discontinuation, or complete delisting), we may cancel the entire project—even on short notice. Alternatively, we reserve the right to make a partial delivery, provided this is reasonable for you. In any case, you will be notified in a timely manner.
2.5. Depending on the specific agreement, the scope of services may include, in particular, the following components:
• Design and production of models
• Creation of digital or printed assembly instructions
• Design and production of printed packaging
• Sorting and packaging the building blocks
• Shipping of the finished sets
2.6. The delivered sets are not toys as defined by the EU Toy Safety Directive 2009/48/EC. They are not intended for children under 14 years of age.
3.1. Our offers and communications—including those provided in response to your request—are subject to change and non-binding in all respects, unless and to the extent that they are expressly stated to be binding for a specific period. Cost estimates are non-binding in every respect, unless we expressly state in writing in the cost estimate that it is binding.
3.2. We enter into contracts only with natural persons who have full legal capacity and are at least 18 years of age. Persons under the age of 18 may purchase our goods or services only with the consent of a parent or guardian.
3.3. We reserve the right to reject orders without providing a reason. We reserve the right to determine how the order is to be fulfilled and will not accept the order until we have issued a separate order confirmation via email, or, at the latest, upon delivery of the ordered goods or the commencement of service provision. In any case, a contract is not formed until we have accepted your order.
3.4. We can only accept your order if we ourselves receive the correct goods on time. We reserve the right not to provide the promised service in the event of its unavailability; in this case, we will notify you immediately of the unavailability and promptly refund any payments you have already made.
3.5. If we issue an invitation to give a presentation or develop a concept (preliminary draft), this shall already be deemed a commission subject to these General Terms and Conditions. In particular, if such an invitation to present is carried out, we shall have a legal claim to compensation for these services. The amount of the fee is determined by the specific agreements made in each case. If no separate fee agreement has been established for the invitation to present or develop a concept, a reasonable fee is due in accordance with § 1152 of the Austrian Civil Code (ABGB).
3.6. After we submit each design proposal, you must approve the proposal of your choice in writing within two weeks. If no approval is given and there is no rejection of specific features of any of the design proposals, we may proceed with the production of the promotional items after the two-week period has expired, based on a design that has not been objected to. If you reject our design proposal—even in a substantially revised version that takes your wishes into account—more often than the number of times agreed upon in the offer, you are not entitled to any further design proposals at no cost. We reserve the right to terminate the contract and to demand the pro-rated agreed-upon compensation for these services or a reasonable pro-rated fee.
4.1. Unless otherwise agreed, all of our prices are in euros, excluding VAT, and all payments to us must be made exclusively in euros.
4.2. Prices do not include freight charges, export and import duties, transit fees, customs duties and customs charges, government agency fees, and ancillary charges. Any deliveries and services not included in the prices will be listed on a separate information page.
4.3. Unless otherwise expressly agreed, shipments are made uninsured; at your expense and risk.
4.4. You are responsible for reimbursing travel expenses and other costs incurred for trips undertaken in connection with the assignment and agreed upon with you.
4.5. If you authorize us to order necessary third-party services, such as licenses, etc., that are required to fulfill the order, you agree to indemnify us for these third-party services, in particular to cover the costs. We are entitled to reimbursement for the following expenses: Expenses that we were permitted to consider necessary for the procurement of content elements (e.g., license fees).
4.6. Obvious errors—in particular, errors that were already included in our offer and in the documents accompanying the offer—entitle us, at any time and at our discretion, to rescind the contract or to make reasonable adjustments to the agreed-upon prices.
4.7. If the work is performed in stages, we are entitled to issue partial invoices.
4.8. Unless specific payment terms have been agreed upon, our invoices are due as of the invoice date, but in any case upon receipt of the invoice, and are payable gross without deduction within 14 days. Payment becomes due regardless of whether you have had the opportunity to inspect the service or whether you have asserted claims for defects or damage to the service. Payment by bill of exchange or check is not considered fulfilled until the check or bill of exchange has been honored.
4.9. You may not set off your claims against our claims unless your claims are legally related to the obligation in question, or unless they are claims that have been established by a court or acknowledged by us in writing. We or our affiliated companies, however, may assert claims by way of set-off.
4.10. Payments that discharge the debt may only be made to the payee(s) specified on the invoice; payments made to representatives do not relieve you of your obligation to pay. The date of payment is the date on which the payment is credited to our account.
4.11. We are entitled, notwithstanding any provisions to the contrary on your part, to first apply payments toward your older debts. If costs and interest have already accrued, we are entitled to first apply the payment toward the costs, then toward the interest, and finally toward the principal amount. Any different designation of the payment on your part is invalid.
4.12. We reserve the right to require you—even before performing the service—to make payments on account or advance payments, as well as to provide payment security. If, after the conclusion of the contract, reasonable doubts arise regarding your solvency or creditworthiness, or if we only later become aware of circumstances that existed at the time the contract was concluded, we are entitled to demand either cash payment or security prior to delivery, or to withdraw from the contract and demand reimbursement of expenses from you, as well as to revoke any granted payment terms and declare all credited claims immediately due and payable.
4.13. If you are in default of payment, we are entitled, without a formal notice of default, to charge consumers interest at a rate of 4%, and, in the case of business customers, interest at a rate of 9.2% above the base rate, as well as to immediately declare all other invoices that are not yet due to be due and to charge pre-litigation costs, in particular reminder fees and attorneys’ fees, and to immediately cancel any other orders confirmed to you; In addition, we are entitled to seek termination of the contract in whole or in part.
4.14. Discounts on partial invoices that have already been paid will be forfeited in the event of late payment on subsequent partial invoices or the final invoice. Agreed service deadlines will become void due to your late payment. In the event of a delay in payment, we are entitled to make further completion of the project contingent upon advance payment or a bank guarantee for the agreed-upon price, or to withdraw from the contract entirely. If you are in default of payment with respect to the remuneration secured by the retention of title, we are entitled at any time to take possession of the goods subject to retention of title, even if the contract has not yet been terminated (right of repossession).
4.15. Any additional costs resulting from unforeseeable but necessary interruptions will be billed separately after prior notification.
4.16. If the project work is not paid for, the set’s construction plans, cost estimates, designs, drawings, and calculations remain our intellectual property and may not be reproduced or made available to third parties without our consent; they must be returned if the contract is not awarded.
4.17. Cost estimates, plans, and sketches are subject to a fee. Any fee paid for these will be credited if an order is placed based on the cost estimate, plan, etc. Depending on the time spent, a flat-rate minimum fee, as specified in the quote, will be charged.
4.18. All services we have provided or are to provide are performed for a fee, with the exception of the submission of a quote. You will promptly provide us with all information and documents necessary for the performance of the commissioned services and will promptly notify us of all circumstances relevant to the execution of the order. This also applies to documents and matters that become known only in the course of carrying out the assignment. If you fail to fulfill this obligation, you will be liable for any additional expenses we incur as a result of having to revise work we have already completed due to incorrect, incomplete, or subsequently changed information.
5.1. The scope of the services we are to provide is set forth in our order confirmation; any subsequent changes to the scope of services require our written consent and must be paid for separately by you.
5.2. We are entitled, at our sole discretion, to perform the service ourselves or to engage third parties to perform the contractually agreed-upon service and/or to subcontract such services within the scope of an agency arrangement. Within the framework specified by the customer, we have creative freedom in fulfilling the order.
5.3. You are obligated to review all graphics provided by you for the performance of the order to ensure they do not infringe on any copyrights, trademarks, or other intellectual property rights of third parties. We are not obligated to perform such reviews. If you provide templates or content (e.g., designs, text, and images for packaging, assembly instructions, etc.), you expressly declare that you hold the necessary rights to use and reproduce them. We assume no obligation to review trademark, copyright, or personality rights and exclude any liability for resulting legal violations. Should we face a claim from a third party due to such a legal infringement, you agree to fully indemnify and hold us harmless, and you undertake to reimburse us for all losses arising from such a claim by a third party.
5.4. You must provide us with all the information necessary for developing the concept or design in a timely manner and communicate your requests in a timely manner.
5.5. Unless otherwise agreed, you shall provide us with all materials necessary for implementation (e.g., texts, images, graphics, etc.) in a suitable digital format in a timely manner or by the agreed-upon deadline. You are solely responsible for the creation of the content, unless it is part of the contractually agreed-upon services. We are under no obligation to verify whether the content you provide is suitable for the intended purposes.
5.6. You must submit all documents to us no later than 2 weeks after the project begins. If content is submitted late, we will only make changes for an additional fee.
5.7. When we engage third parties to provide external services (agents), we do so either in our own name or on your behalf. To the extent that we engage third parties to provide external services on your behalf, the respective agents are not our vicarious agents.
5.8. To the extent that obligations to third parties extend beyond the specific contract term agreed upon with you, you must assume such legal obligations. This applies in particular in the event of termination of the contract concluded between you and us for good cause.
6.1. If the order confirmation does not contain any specific information, delivery ex works (in accordance with Incoterms; i.e., from our facility) shall be deemed agreed upon. Even if we contractually assume responsibility for delivering the goods, the place of performance remains our facility or the distribution center expressly named in the order confirmation. We reserve the right to choose the shipping method, even in cases where, as agreed, you are responsible for arranging the transport of the goods. We are entitled to make partial or advance deliveries; you are required to accept and pay for these.
6.2. Unless otherwise agreed, the delivery period (15 business days for deliveries to Austria) begins on the latest of the following dates:
6.2.1. Date of Order Confirmation
6.2.2. The date on which you transferred the agreed-upon payment
6.3. If changes to the design requested by you require additional work, not only will these additional costs be billed separately based on the actual materials and time expended, but this additional work will also extend the agreed-upon delivery or completion deadline accordingly.
6.4. Performance dates and deadlines are agreed upon to the best of our knowledge, assuming normal circumstances; unless they are expressly designated and agreed upon as fixed, these dates and deadlines are always to be considered approximate, and exceeding or falling short of them by up to 10 days shall in any case still be deemed timely. Our compliance with performance dates and deadlines is contingent upon your fulfillment of any obligations and conditions of any kind that you may be required to meet prior to performance; otherwise, we are entitled to postpone the performance dates and deadlines accordingly without thereby being in default. If you request a technical, commercial, or scheduling change to the order, we are entitled to unilaterally announce a new performance deadline or a new performance date.
6.5. In the event of circumstances such as, in particular, a shortage of stones, printing delays, and/or other cases of force majeure, the performance period shall be extended appropriately or the performance date shall be postponed accordingly. We will notify you immediately upon the occurrence of such circumstances and announce a new performance date or a new performance deadline.
6.6. We shall not be subject to any consequences of default in the cases specified in Section 5.8; we are entitled, in the event of such circumstances, to withdraw from the contract in whole or in part, without you being entitled to assert any claims arising therefrom; In the cases mentioned above, you are not entitled to withdraw from the contract or to assert claims of any kind. If any of the circumstances mentioned in Section 5.8 last longer than two months, both we and you are entitled to terminate the contract by means of a unilateral written declaration; You do not (or no longer) have this right (i) if you are responsible for the interruption or (ii) if we have notified you that the obstacle has been removed and have announced the performance within a reasonable period of time.
6.7. In the event of supply shortages or the unavailability of individual parts, we reserve the right to use equivalent alternatives or to delay delivery as appropriate.
6.8. Delivery dates are binding only if you have properly fulfilled any obligations to cooperate (e.g., providing graphics, giving approvals).
6.9. If you can prove that you have suffered damage as a result of a delay in performance caused by our gross negligence, you are entitled to compensation for such damages in an amount not exceeding 5% of the value of that portion of the service which, as a result of the delay, you are unable to use in a timely or appropriate manner. Any further claims arising from a delay in performance are excluded.
6.10. You are obligated to accept the project by the confirmed delivery date or within the confirmed delivery period. Asserting claims due to non-conformity with the contract or the fact that you were unable to inspect the work does not entitle you to refuse or postpone acceptance. For call-off orders, you agree to accept the project no later than 14 days after completion. We have fulfilled our obligation once the project is made available to you, i.e., once you are notified that it is ready for delivery.
6.11. If you fail to accept the project in whole or in part, or if you are in default of acceptance, we may (i) withdraw from the contract after setting a grace period of 14 days and/or (ii) seek damages for nonperformance.
6.12. You are required to check the delivery for accuracy and completeness immediately upon receipt.
6.13. You must notify us in writing and in detail of any apparent defects within 24 hours of accepting the project, or of any hidden defects within 8 days of their discovery, and provide evidence of such defects within 2 weeks of the date of notification. If the notification deadline is missed, no claims for warranty, correction of errors, or damages (including claims for consequential damages resulting from defects) shall be entitled.
7.1. We are generally liable for defects in our services in accordance with statutory provisions.
7.2. We assume no liability for services provided by third parties, such as the quality of components.
7.3. Minor variations in the shape, color, material, and texture of the promotional items compared to the illustrations are sometimes unavoidable and do not constitute grounds for a warranty claim. Color variations between the stones may occur due to the manufacturing process—particularly for items from different production runs—and do not constitute a defect.
7.3. Despite careful inspection, sorting errors cannot be completely ruled out. Missing or incorrectly sorted parts do not constitute grounds for a complaint; however, if reported, they will be replaced whenever possible.
7.4. We cannot provide a warranty for defects resulting from improper use on your part.
7.5. The warranty obligation is contingent upon your fulfillment of your contractual obligations, in particular the agreed-upon payment terms. Only the direct customer is entitled to make warranty claims against us, and such claims may not be assigned.
7.6. You are required to inspect the work and services we deliver immediately upon receipt, and in any case before further processing. Any complaints, regardless of their nature, must be reported to us in writing within 14 days of delivery of the work. If a complaint is submitted late, the work shall be deemed free of defects.
7.7. If a notice of defect has been given in a timely manner and you have proven that the project is not in conformity with the contract, we are entitled to remedy the nonconformity within a reasonable period of time by providing a replacement (exchange), and you may only demand that we provide a replacement. Rescission is not an option if the defect is minor within the meaning of the law. If replacement is impossible or would involve disproportionate effort, you may claim monetary damages only if we are found to have acted with intent or gross negligence. Compensation for consequential damages arising from the defect is also permitted only subject to this limitation. Other claims—in particular claims for damages—on your part due to defects are excluded.
7.8. Claims for recourse under § 933b of the ABGB are excluded.
8.1. We are liable for damages only in cases of intentional or grossly negligent conduct, and—regardless of the degree of fault—for damages resulting from injury to life, body, or health. Compensation for consequential damages arising from defects, as well as compensation for damages to third parties, is excluded.
8.2. Compensation for consequential damages, pure financial losses, lost profits, lost interest, indirect damages resulting from the delivery of goods that do not conform to the contract, and damages arising from third-party claims against you is excluded in all cases. The contract concluded between the parties contains no obligations to protect third parties; this applies even if it is foreseeable that a third party will be the recipient of the performance or that a third party will come into contact with the goods. To the extent that we or our vicarious agents provide technical information or act in an advisory capacity, and such information or advice is not part of the contractually agreed scope of services owed by us, this is provided free of charge and without any liability. In any case, the right to claim damages expires upon the processing or transformation of the delivery or its resale.
8.3. Damages may not exceed the amount that we could have reasonably foreseen as a possible consequence of the breach of contract. Furthermore, any liability or recourse claims against us, including any claims arising from consequential damages due to defects, are limited to 50% of the remuneration agreed upon or paid to us in connection with the respective order and shall be subject to a statute of limitations of six months from the date on which the damage and the identity of the party liable for compensation first became known.
8.4. In the event that the limitations on our liability agreed upon herein are wholly or partially invalid under law, our liability shall in any case be limited in scope and extent to the maximum extent permitted by law.
9.1. All promotional items remain our property until the agreed-upon purchase price and any additional fees have been paid in full.
9.2. Furthermore, we reserve title to our promotional items until all claims and ancillary claims arising from the business relationship have been paid in full; this applies even if these specific promotional items have been paid for. Our title shall remain in effect even if the subject matter of the transaction is processed or otherwise transformed together with other items belonging to you or to a third party. Only in the event that a supplier has also legally asserted an extended retention of title shall the relevant claims be assigned to us to the extent of the supplier’s share of ownership in the sold goods.
9.3. We reserve title to all construction plans, documents, scripts, sketches, final artwork, etc., provided to you until final payment has been made by you. Copyrights and usage rights are transferred to you only upon full payment of all invoices.
10.1. LEGO® is a registered trademark of the LEGO Group. We are not affiliated with the LEGO Group and are not sponsored or supported by it.
10.2. You agree to use the LEGO® trademark only in a descriptive manner (e.g., “made of LEGO® bricks”) and not in a misleading way—in particular, you must not:
• as part of a company’s own product or company names
• to apply to become an official LEGO product
• without a clear indication that the item was handmade
10.3. The website we operate, as well as its entire content—in particular, texts, photos, images, graphics, prints, textile designs, videos, presentations, sounds, illustrations, and any software, as well as all trademarks and/or design patents, are protected against unauthorized use by industrial property rights, in particular copyrights, rights to name and image, trademarks, and/or registered or unregistered design patent rights.
10.4. We are entitled at any time, even if we have granted you the exclusive right of use, to use plans, designs, and promotional items created for you for our own promotional purposes.
Information regarding data protection can be found in our separate Privacy Policy at https://www.raabrick.at/datenschutz/ as a PDF in German, which is not part of this agreement but fulfills the disclosure requirements of the GDPR.
12.1. All legal transactions are governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance is the company’s registered office in 4910 Ried im Innkreis. The place of jurisdiction is Ried im Innkreis.
12.2. The place of performance for all services is Vienna, Austria. Austrian law applies.