Terms & Conditions

1. Scope

• 1.1 These terms and conditions of Kidsimply GmbH (hereinafter "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 conditions is hereby contradicted, unless something else has been 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 can be attributed neither to their commercial nor their self-employed professional activity. On the other hand, 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 enable the customer to submit a legally binding offer.
• 2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. When ordering via the online order form, after entering their personal data and clicking the "Buy now" button in the final step of the ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart.
• 2.3 The seller will immediately confirm receipt of the customer's offer electronically (fax or email). This confirmation of receipt does not yet represent acceptance of the contract offer. The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (fax or e-mail) order or shipping confirmation within five days or by delivering the goods. The seller is entitled to refuse acceptance of the order, for example after checking the creditworthiness of the customer.

3. Prices/Payment/Delivery

• 3.1 Our prices are final prices, ie they include all price components, including the statutory German sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the offer for the respective product description.
• 3.2 Insofar as additional services such as assembly are offered for individual product categories from our range, such additional services and their price are indicated separately in the respective product description.
• 3.3 For payment, you can only use the payment methods agreed and specified when ordering.
• 3.4 The payment of the purchase price is due immediately upon conclusion of the contract (also in the case of purchase on account, if offered). The delivery times specified when ordering are understood to be from receipt of payment. We would like to point out that the delivery of the ordered goods in the case of advance payment/invoice will only take place after the full amount has been credited to our account.
• 3.5 We currently ship goods within Germany, Austria and Switzerland. More stores www.kidsimply.at or. www.kidsimply.ch . "If the delivery is made to a non-EU country , additional customs duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. Customers are advised to check details with customs/tax authorities prior to ordering.”
• 3.6 If it is not possible to deliver goods to the customer at the delivery address specified by the customer, the commissioned transport company will send the goods back to the seller, with the customer having to bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful attempt at delivery. The customer expressly reserves the right to prove that the seller has suffered little or no damage. For the rest, the statutory provisions on default of acceptance according to §§ 293 ff. BGB apply.
• 3.7 The delivery times can be found on the respective product page. The delivery time is extended appropriately in the case of circumstances affecting the delivery due to force majeure. Strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of one's own, operational hindrances through no fault of one's own, e.g. through fire, water and machine damage, and all other hindrances which, from an objective point of view, were not caused by the seller, are equivalent to force majeure. The beginning and end of such hindrances will be communicated to the customer immediately. If the impediment to performance in the aforementioned cases lasts more than 2 weeks after the originally specified 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 were not supplied correctly and on time and are not responsible for the lack of availability, we informed you of this immediately and no procurement risk was assumed. Payments already made by the customer will be refunded immediately.

4. Retention of title; On Bill; right of retention

• 4.1 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve 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 a 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 counterclaims of the customer, in particular pursuant to Section 6, remain unaffected.

6. Liability for Defects

• 5.1 The seller is liable for defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB.
• 5.2 Customary or minor deviations in quality, size, shape and/or color are reserved within reasonable limits. Color deviations between the colors displayed 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 about goods that are delivered with obvious transport damage/defects. We would like to point out that failure to lodge a complaint immediately has no consequences for your statutory rights relating to defects. However, you help us to be able to assert our own claims against the transport company, for example.
• 5.4 If you are an entrepreneur and have ordered the goods in the course of your self-employed professional or commercial activity, the statutory regulations on the obligation to examine and give notice of defects according 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, limb or health which is based on a breach of duty by the seller, (b) within the scope 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 seller's breach of an obligation, the fulfillment of which enables the proper execution of the contract at all and the user regularly expects compliance with this obligation trusts and may trust (cardinal obligation).
• 6.2 In the cases of paragraph 1, letters (a), (b) and/or (c), the seller is liable for an unlimited amount. Otherwise, the damage is limited to the foreseeable, contract-typical damage.
• 6.3 In cases other than those referred to in paragraph 1, the liability of the seller is excluded, regardless of the legal reason.
• 6.4 The liability regulations in the above paragraphs also apply to personal liability of the organs, employees and vicarious agents of the seller.

7. Governing Law

• 7.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
• 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 place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

8. Alternative dispute resolution in accordance with the Consumer Dispute Settlement 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 not willing and not obliged to participate in dispute settlement procedures 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 is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
• In order to exercise your right of withdrawal, you must inform 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 the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
• Consequences of revocation
• If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different delivery method than the standard delivery that we offer, which is subject to a surcharge ), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
• You must return the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation. The deadline is met if you send back the goods before the period of fourteen days has expired.
• We bear the costs of returning the goods if they were delivered within Germany. For deliveries to other countries outside of Germany, you bear the direct costs of returning the goods.
• You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
• End of revocation
• Exclusion of the right of withdrawal:
• The right of withdrawal does not apply to contracts
• • for the delivery of goods that are not prefabricated and for the production of which 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 configured furniture).
• Hints
• We ask that you send the item back to us in the original box. You can call up and print out the return slip and sticker in your customer account under Orders. Please avoid damage and/or contamination when returning the goods. If you no longer have the original packaging or the original box, please ensure that the goods are adequately protected against transport damage by using suitable packaging. Neither the use of the return sticker nor the return in the original box are mandatory prerequisites for the effective exercise of your right of withdrawal.