General Terms and Conditions

1 Contracting party and scope

The customer’s contracting party (hereafter “renter”) for every contract concluded through the website blockabo.ch is:

BlockAbo, Robin Hedinger, Chammerholzstrasse 4, 8615 Wermatswil. Email: info@blockabo.ch. Website: blockabo.ch

These General Terms and Conditions govern the contractual relationship between BlockAbo (hereafter “lessor” or “BlockAbo”) and the renter for the rental of LEGO® sets. By taking out a subscription or a single rental, the renter accepts these terms in full.

At the time the contract is concluded the renter must be at least 18 years old and have full legal capacity.

2 Offer, conclusion of contract and delivery area

The presentation of LEGO sets on the website is not a legally binding offer but an invitation to order. The rental contract is concluded as soon as the renter completes an order on the website and BlockAbo confirms it by email.

Despatch and rental of the sets are limited to delivery addresses in Switzerland and the Principality of Liechtenstein. Despatch elsewhere abroad is excluded.

Right of withdrawal: as Switzerland has no statutory right of withdrawal for distance contracts, BlockAbo grants no contractual right of withdrawal. Once a set has been despatched, cancellation is excluded. The renter may however cancel their subscription at any time under the cancellation provisions in section 4.

3 Retention of title

All products rented out by BlockAbo remain at all times the unrestricted property of BlockAbo (or, in the case of the contributor programme, the property of the contributor in question). Passing on, subletting or selling the rented sets to third parties is strictly prohibited.

4 Rental plans, conditions and late return

BlockAbo offers several plans. Whichever plan applies, the renter may borrow one set at a time (unless several subscriptions have deliberately been taken out at once).

Single rental: the rental period is exactly one month (30 days) from receipt of the set. The set must be returned to BlockAbo once that period expires (the postmark is decisive). If the set is not returned in time, the renter is contacted. From the 5th day of delay a late fee of CHF 5.– per additional day is charged. Late fees are capped at the current value of the set. With prior notice BlockAbo may instead invoice the current value of the set.

Monthly plan: the monthly plan has no minimum term and can be cancelled at any time to the end of the current subscription month. While the subscription is active the rented set may be kept indefinitely. A set can be swapped after one month at the earliest.

Yearly plan: the yearly plan has a minimum term of 12 months and offers a reduced monthly price. While the subscription is active the set may be kept indefinitely. Sets may be swapped monthly. After the 12-month minimum term the yearly plan renews automatically by one further month at a time at the yearly plan’s then-current monthly price, unless cancelled with 14 days’ notice to the end of the current month.

Calculating the current value: the current value of a set is calculated as the manufacturer’s recommended retail price at the time BlockAbo acquired it, less 15 % for each year begun since acquisition, with the current value never falling below 20 % of the recommended retail price.

5 Availability of the sets

BlockAbo is not obliged to keep every LEGO set shown on the website available at all times. Rental is only possible for sets that are in stock and marked as available at the time of ordering. There is no entitlement to a particular set, not even where the renter holds an active subscription or a valid voucher. BlockAbo endeavours to keep the range current and to show availability correctly on the website. Should an ordered set unexpectedly not be available, BlockAbo informs the renter without delay and offers an alternative or a refund.

6 Customer account and the renter’s obligations

The renter is obliged to give truthful and complete information on registration (name, address, email, means of payment). Changes to the delivery address or other relevant data must be updated in the customer account without delay or communicated to BlockAbo by email. Costs arising from misdirected parcels due to out-of-date address data are borne by the renter. Customer account credentials must be kept secret and protected from third-party access.

7 Despatch, delivery and inspection on receipt

Outward despatch: despatch of the sets to the renter within Switzerland and Liechtenstein is free of charge.

The renter’s duty to inspect: the renter is obliged to check the rented set on receipt for obvious defects and gross soiling. Transport damage to the packaging must be reported to BlockAbo by email within 5 days of receipt. Missing pieces only noticed during assembly must be reported to BlockAbo immediately on discovery, and at the latest within the current rental period. If no report is made within these periods, the set is deemed to have been accepted as complete and in flawless condition.

8 Return and return shipping

Condition on return: the renter undertakes to take the LEGO set fully apart into its individual pieces before returning it.

Secure packing: the renter uses the original shipping box for the return. The renter is responsible for packing the loose LEGO bricks securely and stably (for example in the bags or boxes provided) so that no pieces can fall out of the packaging during postal transport.

Process and costs: the cost of return shipping is borne by the renter. Once the return has reached BlockAbo, the next set requested is despatched (where a subscription is active).

9 Handling the sets, missing pieces and damage

Duty of care: the renter must handle the rented set carefully. Normal wear of the bricks through ordinary use is priced in.

Tolerance for missing pieces: the loss of up to 10 standard small pieces per set is covered by BlockAbo and is not invoiced to the renter. Standard small pieces are ordinary unprinted bricks, plates, connectors and similar standard elements. This does not include printed pieces, stickers, minifigures or their components, or special elements.

Larger losses and damage: if more than 10 pieces are missing, or exclusive special pieces (for example minifigures, motors, Bluetooth hubs, instructions) are lost or wilfully damaged, BlockAbo invoices the renter for the replacement. To calculate replacement costs BlockAbo follows current market prices (for example new prices on Bricklink) plus a reasonable handling fee.

10 Contributor programme

Where a user takes part in the contributor programme and makes their own sets available for rental, the user remains the unrestricted owner of those sets. In that case the contributor is responsible for despatch to customers and for cleaning after the return. BlockAbo only handles matching, payment processing and customer support, and pays the contributor the agreed share per successful rental.

11 Vouchers and gift cards

Vouchers and gift cards issued by BlockAbo can only be redeemed on blockabo.ch. They entitle the holder to rent an available set under the applicable conditions. Vouchers cannot be combined with other vouchers (unless expressly stated otherwise), cannot be transferred to third parties for the purpose of resale, and cannot be exchanged for cash. They are valid for 5 years from the date of issue unless a different expiry date is noted on the voucher. BlockAbo reserves the right to set different validity rules for promotional vouchers.

12 Payment and default

Subscription fees fall due in advance, monthly or according to the chosen plan (for example a one-off payment for a single rental). Payment is made through the means offered on the website. In the event of late payment BlockAbo reserves the right to pause the subscription, demand the immediate return of the currently rented set and charge reminder fees (for example CHF 10.– from the 2nd reminder).

13 Price changes

BlockAbo reserves the right to adjust the prices of subscriptions and single rentals. Price changes for existing subscriptions are announced to the renter by email at least 30 days before taking effect. In that case the renter has the right to cancel their subscription with effect from the date the price change takes effect. If the renter continues to use the subscription after the new prices take effect, this is deemed acceptance of the changed conditions.

14 Cancellation by BlockAbo

BlockAbo is entitled to cancel a subscription with immediate effect or to block access to the customer account if the renter is in default of payment despite a reminder, breaches these terms repeatedly or seriously (in particular through wilful damage, failure to return, or passing on sets), gave incorrect information on registration, or where the relationship of trust has otherwise been permanently damaged. In the event of extraordinary cancellation the rented set must be returned to BlockAbo without delay. Fees already paid are not refunded where the reason for cancellation lies with the renter.

15 Liability

BlockAbo is liable only for direct damage caused by gross negligence or intent on the part of BlockAbo. Liability for slight negligence, indirect damage or consequential damage is excluded so far as the law permits. Building and playing with the sets is at the renter’s own responsibility. BlockAbo expressly points out that LEGO sets contain small parts that can be swallowed and are not suitable for children under 3 years old. Parents are liable for their children.

16 Force majeure

BlockAbo is not liable for delays or non-performance of contractual obligations to the extent these are due to circumstances beyond BlockAbo’s reasonable control (force majeure). These include in particular natural disasters, pandemics, official orders, strikes, disruption of postal logistics or failures of IT infrastructure. BlockAbo informs the renter without delay of such circumstances and their likely duration. If the force majeure lasts longer than 60 days, both parties are entitled to terminate the contract without cost.

17 Data protection

The processing of personal data is governed by BlockAbo’s separate privacy policy, available on the website at https://blockabo.ch/en/privacy.

18 Applicable law and place of jurisdiction

These terms and all contracts between BlockAbo and the renter are governed exclusively by substantive Swiss law. The place of jurisdiction is Zürich, Switzerland, subject to mandatory statutory places of jurisdiction, in particular the renter’s place of residence in consumer contracts under Art. 32 of the Swiss Civil Procedure Code.

19 Changes to these terms

BlockAbo reserves the right to amend these terms at any time. Where a subscription exists, changes are communicated to the renter by email at least 30 days before taking effect. If the renter objects to the amended terms within that period, they have the right to cancel their subscription with effect from the date the changes take effect. If no objection is made and the renter continues to use the service after the changes take effect, the amended terms are deemed accepted. New contracts are governed by the terms in force at the time the contract is concluded.

20 Authoritative version

These terms are a translation. In the event of any discrepancy, the German version at https://blockabo.ch/agb prevails.