FUN FACTORY GmbH, Am Hohentorshafen 17-19, 28197 Bremen, Germany (hereinafter referred to as "FUN FACTORY") grants consumers a "FUN GUARANTEE":
1. Participation Requirements
If you are not satisfied with the products listed below, you can return them, subject to the terms of the guarantee, to FUN FACTORY after a 25-day trial period, which begins on the day you receive the goods.
After positive verification of the fulfilment of the guarantee conditions, the purchase price will be refunded within 7 working days.
The guarantee applies for consumers residing in the EU, Norway, Iceland, Liechtenstein, the United Kingdom, and Switzerland. For the purposes of this manufacturer's guarantee, "consumer" means any natural person who is owner of the product and has not purchased it with a view to reselling it.
The "FUN GUARANTEE" applies to FUN FACTORY products purchased during the campaign period 01/09/2021 to 31/12/2021 in the FUN FACTORY GmbH online shop. Excluded from the campaign are the products SMARTBALL UNO, SMARTBALLS DUO and FUN CUP (Explore Kit, Size A and Size B), all toy sets, vouchers, and products in the accessories category.
2. Implementation and Processing
The following conditions must be met in order to claim the guarantee:
- The purchased product was tried out for 25 days considering the tips and tricks from the enclosed booklet "25 WAYS TO HAVE FUN" (so-called trial period). The trial period begins with the receipt of the FUN FACTORY product purchased in the online shop.
- After expiry of the trial period, a return code must be requested within one week at FUNemail@example.com, stating the order and customer number.
- FUN FACTORY will then send a return code by email, which the consumer must fill in on the return slip. This return slip can be found in the attached booklet "25 WAYS TO HAVE FUN" and must be enclosed with the return shipment completely filled in.
- The cleaned toy is to be sent in the original packaging including the return code and return slip at the consumer's expense to the following address:
FUN FACTORY GmbH
FUN GUARANTEE Return
Am Hohentorshafen 17-19
- After inspection and if the guarantee conditions are met, the purchase price will usually be refunded after 7 working days. FUN FACTORY reserves the right to exclude incomplete returns from the FUN GUARANTEE campaign.
FUN FACTORY is entitled to prematurely terminate, adjust, or modify the campaign at any time without prior notice and without stating reasons, if proper implementation of the campaign cannot be guaranteed without taking appropriate measures due to technical or legal reasons.
The "FUN GUARANTEE" is limited to a maximum of 2 products per person.
The "FUN GUARANTEE" applies without prejudice to mandatory statutory liability provisions, such as under the Product Liability Act, in cases of intent and gross negligence, due to injury to life, limb or health by us or our vicarious agents. The guarantee does not restrict any applicable national statutory warranty claim. It does not affect the dealer’s warranty obligations arising from the purchase contract concluded with you.
FUN FACTORY reserves the right to exclude participating users from the campaign due to false information, manipulation, or the use of unauthorised aids.
Should individual sections of these provisions be or become invalid, the validity of the remaining terms of action shall remain unaffected.
These campaign conditions can be changed by FUN FACTORY at any time without separate notification.
The exclusive applicable law is the law of the Federal Republic of Germany.
4. Data protection
FUN FACTORY is responsible under data protection law for the personal data processed under the guarantee.
For proper processing of the return, we ask you for your name, address, email address, bank account details (depending on the payment option) and telephone number. We need your email address in order to communicate with you. We also store the name and address data as well as your telephone number for processing purposes and may pass them on to third parties acting on our behalf for this purpose, i.e., postal delivery companies. Data passed on in this way may only be used by the recipient to fulfil their task. Any other use of the information is not permitted. Third parties to whom data is passed on within the framework of commissioned data processing are also subject to the provisions of data protection law and are contractually obliged to maintain confidentiality.
Any data processing carried out in response to your enquiry is for the sole purpose of processing the campaign and shipment. The legal basis for data processing is Article 6 para. 1 p. 1 lit. b DSGVO.
On principle, after processing your data will be deleted within 90 days. If the participant is a customer of FUN FACTORY or a subscriber to the newsletter or becomes such within 60 days of participation, this data will continue to be stored as long as it is necessary for the contractual relationship, or the newsletter subscription is valid.
Collecting the requested personal data serves exclusively for the processing and implementation of the campaign. Data will not be passed on to uninvolved third parties. All data will only be processed and stored for the purpose and for the duration of the campaign and will be deleted at the end of the campaign.
Insofar as FUN FACTORY processes your personal data, you as the data subject are entitled to the rights of the data subject set out in our general data privacy statement according to the conditions of data protection law (right of access, right to rectification, right to erasure, right to restriction of processing, right to notification, right to data portability, right to object, right to revoke the declaration of consent under data protection law, right to lodge a complaint with a supervisory authority). This data privacy statement also contains information about the competent supervisory authority and the company data protection officer appointed by us.
The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right of access pursuant to Article 15 GDPR;
- Right to rectification pursuant to Article 16 GDPR;
- Right to erasure pursuant to Article 17 GDPR;
- Right to restriction of processing pursuant to Article 18 GDPR;
- Right to notification pursuant to Article 19 GDPR;
- Right to data portability pursuant to Article 20 GDPR;
- Right to withdraw consent granted pursuant to Article 7 (3) GDPR;
- Right to lodge a complaint pursuant to Article 77 GDPR