Terms and conditions
These terms and conditions of contract shall apply to all contracts concluded between timkid Kindermöbel GmbH, Mühlendeich 15, 19303 Dömitz, Germany, (hereinafter "Provider" or "we") and our customer (hereinafter "Customer" or "you") exclusively using remote means of communication (i.e. over the Internet or by telephone for example) in our online shop. Contracts concluded by us in our offline shop shall be governed by the terms and conditions incorporated therein.
§ 1 Scope of Application, Definitions
(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions of Business as valid at the time of ordering. Deviating terms and conditions of the Customer, as well as offers of a contract by the Customer are hereby objected to.
(2) The Customer shall be deemed to be a consumer insofar as the purpose of the delivery or service is not attributable to the Customer's trade or self-employment. On the other hand, a business owner is defined as any individual, legal entity or partnership having legal capacity that is acting in pursuit of its trade or self-employment when concluding a contract.
§ 2 Conclusion of a Contract
(1) The Customer may select products from our range and collect these in a shopping cart by clicking on the button "Add to shopping cart". By clicking on the button "Complete payment", the Customer shall bindingly request to buy the goods contained in the shopping cart.
(2) Prior to sending the purchase order, the Customer may at any time alter and view the data entered by it, and correct any entry errors. However, the Customer may only make and send its request if it has accepted these General Terms and Conditions of Business during the ordering process and has thus incorporated these into the request.
(3) The Provider shall thereupon send to the Customer an automated email acknowledgement of receipt setting out again the Customer's purchase order; the Customer shall be able to print out this acknowledgement of receipt via the "Print" feature. Such automated acknowledgement of receipt shall merely document that the Customer's purchase order has been received at the Provider, and shall not constitute acceptance of the request.
A contract shall not be brought about until we have submitted a declaration of acceptance by separate email. The issuance of an invoice to the Customer for the respective goods ordered by the Customer shall take the place of such declaration of acceptance. Instead of declaring our acceptance, we may alternatively carry out the purchase order within 5 days of receipt of the purchase order. If several of the aforementioned acceptance options exist, a contract shall be deemed concluded upon the occurrence of the respective event taking place first. In any event, the Customer shall receive confirmation of the contract in text form in accordance with the statutory provisions.
If the Customer has not received a declaration of acceptance, an invoice, a notification of delivery or the goods within 5 days, the Customer shall no longer be bound by its purchase order. In such case, we shall promptly refund the Customer for any payments already made.
(4) The goods and/or services offered by us and ordered by the Customer shall constitute the subject matter of the delivery or service. Unless otherwise expressly specified in the respective offer, product information and prices shall relate to the respective articles offered, not to any accessories or decorations also pictured.
(5) If, through no fault of our own and despite all reasonable efforts, we are not in a position to deliver the ordered goods because our supplier has not fulfilled its contractual obligations in relation to us, we shall be entitled to rescind the contract. However, this right of rescission shall exist only if we have entered into a congruent covering transaction (placement of a binding, timely and sufficient order for goods) with the supplier concerned, and we are not in any other way responsible for non-delivery. In such case, we shall promptly inform the Customer that the goods ordered are unavailable. Any counter-performance already rendered by the Customer shall be promptly refunded by us.
(6) German is the contractual language.
(7) As a general rule, the handling of the purchase order and any contact in the course of the handling of the contract shall take place by email. Therefore, the Customer shall ensure that the email address provided by it for the handling of the purchase order is correct, and that no settings or filtering devices of the Customer prevent the receipt of emails relating to the contract.
(8) Insofar as a delivery period is specified in our offers, this delivery period and the respective information specified shall apply with precedence for the calculation of the delivery period. The delivery period shall be 7 days, insofar as no delivery period, or no delivery period deviating therefrom, has been specified for the respective goods in our online shop. This time limit for delivery shall begin, in the case of advance payment, on the day after a payment order has been issued to the credit institution carrying out the transfer, or, in the case of other payment methods, on the day after the contract has been concluded, and shall expire at the end of the last day of the time limit. If the last day of the time limit falls on a Saturday, a Sunday or a state-recognised general public holiday at the place of delivery, the next business day shall take the place of such day.
§ 3 Retention of Title
The goods delivered shall remain our property until all claims arising from the contract have been satisfied. If the Customer is a legal entity under public law, a special fund under public law or a business owner pursuing its trade or self-employment, the goods delivered shall also remain our property beyond this point in time under the ongoing business relationship until all claims to which we are entitled have been settled.
§ 4 Prices and Shipping Charges
(1) Our prices for end consumers are inclusive of value-added tax at the respective statutory rate, but exclusive of shipping charges. Our prices for commercial purchasers are net in each case, exclusive of value-added tax; value-added tax shall be added at the statutory rate.
(2) The corresponding shipping charges shall be specified to the Customer before the contract is concluded, and shall, unless delivery free of shipping charges has been agreed upon, be borne by the Customer.
§ 5 Payment
(1) The Customer may make payment using the payment methods stipulated in the respective offer.
(2) The purchase price shall fall due immediately upon the conclusion of the contract, and payment must be received by us within 7 calendar days, unless the respective agreed payment method stipulates otherwise.
(3) The Customer shall ensure that there is sufficient cover on its bank account. In the event of charge-backs caused by insufficient cover, the Customer shall reimburse us for the loss incurred as a result thereof.
(4) The Customer's obligation to pay default interest shall not rule out the right to assert further default-related damage claims.
(5) The Customer shall be entitled to a right of set-off only if its counter-claims have been recognised by us or have been determined on a final and non-appealable basis, or if the counter-claims originate from the same contractual relationship. The customer shall be authorised to exercise a right of retention only insofar as its counter-claim is based on the same contractual relationship.
§ 6 Passage of Risk
(1) According to the law, the risk of accidental destruction and accidental deterioration of the item purchased shall, in the case of consumers, not pass to the Customer until the item purchased has been delivered to the Customer.
(2) The following shall apply only insofar as the Customer is a business owner: The delivery shall take place ex warehouse. The risk of accidental destruction and accidental deterioration of the goods shall pass to the Customer no later than at the time of hand-over. In the case of a sale by dispatch, the risk of accidental destruction and accidental deterioration of the goods, as well as the risk of delay shall already pass to the Customer when the goods are dispatched to the forwarder, the carrier or any other person or entity appointed to carry out the shipment.
(3) If the Customer defaults on taking receipt of the goods or fails to co-operate, or our delivery is delayed for other reasons attributable to the Customer, we shall be entitled to demand compensation for the loss resulting therefrom, including extra expenditure (e.g. storage and transportation costs).
§ 7 Warranty for Defects in Quality, Guarantee
(1) Defect-related claims concerning used items delivered by us shall become statute-barred one year after the items were handed over to the Customer. In relation to business owners, the limitation period for defect-related claims for items delivered by us shall be 1 year; the limitation period shall not begin anew if a replacement is delivered as part of our liability for defects. In other respects, we shall be liable for quality-related defects under the statutory provisions applicable thereto, in particular Section 434 et seq. BGB [German Civil Code].
(2) Our liability under Section 8 of these GT&Cs, in particular our liability on account of damage claims of the Customer on the basis of mortal injury, physical harm, health damage or breach of material contractual duties (see the following Section 8), and our liability for loss under the Produkthaftungsgesetz [Product Liability Act] and for any guarantees provided shall remain unaffected by the limitations in subsection 1 above. Likewise, the statutory limitation periods for any recourse claim under Section 478 BGB for business owners, and our liability in cases of fraudulent concealment of a defect shall remain unaffected.
(3) A prerequisite for defect-related claims of merchants is that these merchants must have fulfilled their statutory duties to inspect the goods and give notification of defects (Sections 377 and 381 HGB [German Commercial Code]).
(4) In the case of the goods delivered by us, any guarantee of specific qualities or durability (Section 443 BGB) on our part shall exist only if we have expressly offered and agreed upon this guarantee. Any manufacturer's guarantees shall remain unaffected.
(5) You can lodge any complaints and/or warranty claims at the address specified in the provider details.
§ 8 Liability
(1) Damage claims of the Customer are hereby excluded. This shall not apply to damage claims of the Customer based on mortal injury, physical harm, health damage or breach of duties material to the contract (material contractual duties), or to liability for other loss attributable to any intentional or grossly negligent breach of duty on the part of the Provider, its statutory representatives or its authorised agents. Material contractual duties are duties that need to be fulfilled in order for the objective of the contract to be attained, and that the Customer, as the contractual partner, may normally expect to be performed. If duties material to the contract are breached owing to ordinary negligence, the Provider shall be liable only for the foreseeable loss typical of this type of contract, except in the case of damage claims of the Customer based on mortal injury, physical harm or health damage.
(2) The limitations under subsection 1 above shall also apply in favour of the statutory representatives and authorised agents of the Provider if claims are asserted directly against these, and also analogously to claims to the reimbursement of expenditure.
(3) The provisions of the Produkthaftungsgesetz and our liability for any guarantees provided shall remain unaffected.
§ 9 Special Terms and Conditions for Commercial and Institutional Purchasers
(1) Insofar as the Customer is not a consumer, but a business owner, a corporate body, a public institution or a special fund under public law, the provisions of this Section 9 shall apply as a supplement.
(2) Products to be used with children and adolescents shall require particularly diligent care. Resellers shall bring our products onto the market only with enclosure of the instructions and safety notices intended for these; we shall provide an additional supply of such instructions and safety notices if stocks are deficient. We shall be promptly informed in the event of any indications of possible product faults in respect of products delivered by us. The same shall apply to any faults or omissions in the instructions and safety notices provided by us.
(3) We urgently recommend observance of our instructions relating to the setting-up, assembly and use of the products delivered by us. Moreover, we recommend that only the respective fasteners and accessories intended or, insofar as applicable, included in the delivery be used. We shall not be liable for damage or loss arising as a result of incorrect assembly, set-up or use through no fault of our own, or as a result of defective or incompatible assembly parts, accessory parts or replacement parts.
§ 10 Right to Cancel
Consumers are entitled to a statutory right to cancel. Cancellation instructions shall be provided to you separately in text form in accordance with the statutory provisions.
§ 11 Text of the Contract
The text of the contract shall not be stored by us and shall cease to be retrievable after the ordering process has ended. The Customer shall be able to print out these Terms and Conditions of Business and the order details before it sends off its purchase order, and shall receive confirmation of the contract in accordance with the statutory provisions.
§ 12 Final Provisions
(1) The laws of the Federal Republic of Germany, excluding UN sales law, shall apply to the contract. In relation to consumers, this choice of law shall apply only insofar as this does not cause the consumer to lose the protection granted to it under mandatory provisions of the laws of the country where the consumer has its habitual abode.
(2) The European Union has set up an online platform ("OS Platform") for the out-of-court settlement of disputes under consumer law. This OS Platform is to serve as a contact point for the out-of-court settlement of disputes regarding contractual obligations ensuing from online purchase contracts. You can find this Platform at http://ec.europa.eu/consumers/odr.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or the Customer does not have a place of general jurisdiction within the Federal Republic of Germany, the place where the Provider's registered office is situated shall be the place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Provider.
(4) Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the effectiveness of the other provisions thereof. Such ineffective points shall be replaced with the statutory provisions, insofar as existent. If, however, this would constitute unreasonable hardship for one of the parties to the contract, the contract shall become ineffective as a whole.
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As of: 12.10.2016