Terms of service
Terms and Conditions with Customer Information
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Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Certain Customer Specifications
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution
- Scope of Application
1.1 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Leon Heller, trading as “Kiddingo” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or trader (hereinafter referred to as “Customer”) with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.4 A trader within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
- Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
by requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, accessible at PayPal, or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account. If the Customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login details.
2.6 Before submitting the order in a binding manner via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors may be the browser’s zoom function, with the help of which the display on the screen is enlarged. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
- Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.
- Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 The available payment option(s) will be communicated to the Customer in the Seller’s online store.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method “Instant bank transfer” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as “Klarna”). In order to pay the invoice amount via “Instant bank transfer”, the Customer must have an online banking account activated for participation in “Instant bank transfer”, identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna and the Customer’s bank account is debited.
4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online store. Stripe may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be separately referred.
4.6 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s terms and conditions in this regard can be viewed here:
https://kiddingo.com/pages/zahlungsmethoden
- Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the shipping costs for delivery if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller’s withdrawal instructions applies to the return shipping costs.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Collection by the Customer is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
by email
- Retention of Title
If the Seller provides advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
- Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as a trader,
the Seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defect rights is one year from delivery of the goods;
for used goods, defect rights are excluded;
the limitation period does not begin again if replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods subject to the restriction in the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The liability limitations and shortening of periods set out above do not apply
to the Customer’s claims for damages and reimbursement of expenses,
in the event that the Seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their usual intended use and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, this has no effect whatsoever on their statutory or contractual claims for defects.
- Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
in the case of intent or gross negligence,
in the case of intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
on the basis of mandatory liability, such as under the German Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
- Special Conditions for the Processing of Goods According to Certain Customer Specifications
9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer ensures that no third-party rights are infringed thereby, especially copyrights, trademark rights and personal rights.
9.2 The Customer indemnifies the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. In this respect, the Customer also assumes the necessary costs of legal defence, including all court and lawyer’s fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of claims by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morals. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.
- Redemption of Promotional Vouchers
10.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online store and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
10.4 Several Promotional Vouchers may also be redeemed for one order.
10.5 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
10.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
- Redemption of Gift Vouchers
11.1 Vouchers that can be purchased via the Seller’s online store (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated on the voucher.
11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.
11.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
11.4 Several Gift Vouchers may also be redeemed for one order.
11.5 Gift Vouchers can only be used to purchase goods and not to purchase further Gift Vouchers.
11.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
11.7 The credit balance of a Gift Voucher is neither paid out in cash nor does it accrue interest.
11.8 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
- Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
- Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
