Terms and Conditions

1. Scope

• 1.1 These terms and conditions of  Kidsimply GmbH (hereinafter referred to as "Seller") apply to all contracts that the customer concludes with the seller via the seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
• 1.2 Customers within the meaning of section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2. Conclusion of contract

• 2.1 The product presentations contained in the seller’s online shop serve to make a legally binding offer by the customer.
• 2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. When placing an order using the online order form, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart after entering their personal data and clicking the "Buy now" button in the final step of the ordering process.
• 2.3 The seller will immediately confirm receipt of the customer's offer electronically (fax or email). This confirmation of receipt does not constitute acceptance of the contract offer. The seller can accept the customer's offer by sending a written (letter) or electronically transmitted (fax or email) order or shipping confirmation within five days or by delivering the goods. The seller is entitled to refuse to accept the order - for example after checking the customer's creditworthiness.

3. Prices/Payment/Delivery

• 3.1 Our stated prices are final prices, i.e. they include all price components, including statutory German sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description in the offer.
• 3.2 If additional services such as assembly are offered for individual product categories in our range, such additional services and their price will be stated separately in the respective product presentation.
• 3.3 For payment, you can only use the payment methods agreed and specified when ordering.
• 3.4 Payment of the purchase price is due immediately upon conclusion of the contract (also for purchase on account, if offered). The delivery times stated in the order are from receipt of payment.We would like to point out that if you pay in advance/by invoice, the ordered goods will only be delivered once the full amount has been credited to our account.
• 3.5 We currently ship goods within Germany, Austria and Switzerland. More shops www.kidsimply.at or www.kidsimply.ch.“If the Delivery to a non-EU country If the goods are delivered to the customer, additional duties, taxes or fees may be payable by the customer, but not to the supplier, but to the local customs or tax authorities. The customer is advised to check the details with the customs or tax authorities before ordering."
• 3.6 If it is not possible to deliver goods to the customer at the delivery address provided by the customer, the commissioned transport company will send the goods back to the seller, whereby the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt. The customer expressly reserves the right to prove that the seller has suffered no or only minor damage. In all other respects, the statutory provisions on default of acceptance pursuant to §§ 293 ff. BGB apply.
• 3.7 The delivery times can be found on the respective product page. The delivery time will be extended accordingly if circumstances such as force majeure affect the delivery. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks for which the seller is not responsible, operational disruptions for which the seller is not responsible, for example due to fire, water and machine damage, and all other disruptions that, from an objective point of view, were not caused by the seller. The customer will be informed immediately of the start and end of such disruptions. If the disruption to performance in the aforementioned cases lasts more than 2 weeks after the originally stated delivery times for the product in question, you are entitled to withdraw from the contract. Payments already made by the customer will be refunded immediately.
• 3.8 We reserve the right to withdraw from the contract with the customer if, despite concluding a congruent hedging transaction with our suppliers, we ourselves have not been supplied correctly and on time and are not responsible for the lack of availability, we have informed you of this immediately and no procurement risk has been assumed. Payments already made by the customer will be refunded immediately.

4. Retention of title; offsetting; right of retention

• 4.1 In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
• 4.2 You only have the right to offset if your counterclaims have been legally established, are undisputed by us or are ready for decision. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship. In the event of defects in the delivery, the customer's counterclaims remain unchallenged, in particular in accordance with.Paragraph 6 remains unaffected.

6. Liability for defects

• 5.1 The seller is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
• 5.2 Customary or minor deviations in quality, size, shape and/or color are reserved within reasonable limits. Color deviations between the colors shown on the website and the actual colors of the goods may arise due to the display on your computer/mobile device.
• 5.3 If you are a consumer, we ask you to inform our customer service as soon as possible if goods are delivered with obvious transport damage/defects. We would like to point out that failure to make an immediate complaint has no consequences for your statutory rights in the event of defects. However, you are helping us to assert our own claims, for example against the transport company.
• 5.4 If you are an entrepreneur and have ordered the goods in the exercise of your independent professional or commercial activity, the statutory provisions on the obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) apply.

6. Disclaimer

• 6.1 The seller is liable in the event of damage to the user (a) resulting from injury to life, body or health resulting from a breach of duty by the seller, (b) within the framework of the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation, (c) if the seller caused the damage intentionally or through gross negligence, and/or (d) if the damage was caused by the breach of an obligation of the seller, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the user regularly relies and may rely (cardinal obligation).
• 6.2 In the cases referred to in paragraph 1, letters (a), (b) and/or (c), the seller's liability is unlimited. Otherwise, the damage is limited to the foreseeable damage typical for the contract.
• 6.3 In cases other than those referred to in paragraph 1, the Seller’s liability is excluded regardless of the legal basis.
• 6.4 The liability provisions in the preceding paragraphs also apply to personal liability of the Seller’s bodies, employees and vicarious agents.

7. Applicable Law

• 7.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
• 7.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his or her place of residence or habitual abode is not known at the time the action is brought.The right to bring the case before a court at another legal place of jurisdiction remains unaffected.

8. Alternative dispute resolution according to the Consumer Dispute Resolution Act

• In accordance with the Regulation on online dispute resolution in consumer matters, the EU website for online dispute resolution can be found here: http://ec.europa.eu/consumers/odr/
  We would like to point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9. Cancellation policy

• right of withdrawal
• You have the right to withdraw from this contract within fourteen days without giving any reason.
• The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
• To exercise your right of withdrawal, you must contact us

  Kidsimply GmbH

  Groß-Berliner Damm 142
  12489  Berlin,  Germany
  family(at)kidsimply.de
  +49 (0) 30 914 789 77 by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
• consequences of revocation
• If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
• You must return the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation. This deadline is met if you send the goods before the expiry of the fourteen-day period.
• We will bear the cost of returning the goods if they were delivered within Germany. For deliveries to other countries outside Germany, you will bear the direct cost of returning the goods.
• You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
• end of the cancellation policy
• Exclusion of the right of withdrawal:
• The right of withdrawal does not apply to contracts
• • for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. greeting cards/calendars designed by the customer with their own motifs and furniture configured by the customer).
• notes
• We ask that you return the item to us in the original box. You can access and print the return slip and label in your customer account under Orders. Please avoid damaging and/or contamination when returning the goods. If you no longer have the original packaging or box, please use suitable packaging to ensure that the goods are adequately protected from transport damage. Neither the use of the return label nor the return in the original box are mandatory requirements for the effective exercise of your right of withdrawal.