About Us/ Instructions for revocation/
Standard Business Terms and customer information
About Us
Legal website operator identification:
kinderleicht GmbH design + handel
Represented by the general manager Gerdi Krüger
Untere Dorfstrasse 4
29581 Gerdau
Germany
Telephone: 05808980080
Telefax: 05808980079
E-Mail: g.krueger@kinderleicht.net
VAT No.: 192665092
listed in the commercial register of the local court Lüneburg
Commercial register number - Part B of the commercial register - 120476
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which
can be viewed under https://ec.europa.eu/odr.
We are a member of the initiative „FairCommerce“ since 05.05.2018.
For more information, see: www.fair-commerce.de
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot
be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
-on which you or a third party nominated by you, which is not the carrier, had taken possession of the products,
provided you had ordered one or more products within the scope of a standard order and this/these
product/products is/are delivered uniformly;
-on which you or a third party nominated by you, which is not the carrier, had taken possession of the last
product, provided you had ordered several products within the scope of a standard order and these products are
delivered separately;
In order to exercise your revocation right, you must inform us (kinderleicht GmbH design + handel, Untere
Dorfstrasse 4, 29581 Gerdau, Telephone number: 495808980080, Fax number: 495808980079, E-Mail
address: info@kinderleicht.net) of your decision to revoke this contract by means of a clear declaration (e.g. a
letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is
not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the
revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery
costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other
than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days
from the day on which we received the notification about the revocation of this contract from you. We use the
same means of payment, which you had originally used during the original transaction, for this repayment unless
expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you
have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us
immediately and, in any case, at the latest within fourteen days
with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if
you send the products before the expiry of the fourteen-day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with
you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or
stipulation by the consumer is important or which are clearly tailored to the personal requirements of the
consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which
however can be delivered 30 days after the conclusion of the contract at the earliest and whose current
value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene
if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to
their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been
removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-To kinderleicht GmbH design + handel, Untere Dorfstrasse 4, 29581 Gerdau, Fax number: 495808980079,
Email address: info@kinderleicht.net :
-I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products
(*)/
the provision of the following service (*)
-Ordered on (*)/ received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of a notification on paper)
-Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1
Basic provisions
(1)
The following business terms are applicable to all the contracts which you conclude with us as a supplier
(kinderleicht GmbH design + handel) via the etsy Internet platform. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible
partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial
activity.
§ 2
Conclusion of the contract
(1)
The subject-matter of the contract is the selling of products .
(2)
If we set up an item vis-a-vis etsy, the activation of the supply-side domain at etsy encompasses the binding
offer associated with the conclusion of a purchase contract under the conditions specified on the page associated
with the item in question.
(3)
The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "shopping cart" using
the appropriate buttons on the navigation bar and make changes there at any time. After selecting the payment
method and selecting "proceed to checkout" or "pay with PayPal", personal information and payment data is
entered. Finally, all of the order data is shown again on the order summary page.
If you use an upfront payment system (e.g. Paypal or Sofortüberweisung), you will initially be transferred to the
website of the payment system provider. Finally, you will be routed back to Etsy on the order summary page.
Before submitting the order, you have the ability once more to review or change any information on the order
summary page (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the appropriate button to submit the order, you declare acceptance of the order in a legally binding
way by which the purchase agreement takes place.
(4)
The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address
that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In
particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3
Individually-designed products
(1) You are to use the on-line ordering system to provide us with the respective details, texts or files that are
necessary for the customised designing of the products in question. This can also be done via e-mail, in which
case it must be done in a prompt manner after the contract has been concluded. Any potential specifications
issued by the supplier regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties
(especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from
any and all claims related to this matter that may be raised by external parties. This also applies to the costs
associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as such a provision is specified in the product description, you shall receive a correction template from
us, which you should check in a prompt manner. If you approve of the design, you are to approve the correction
template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any
potential errors to our attention. We assume no liability for unqueried errors.
§ 4
Right of retention, reservation of proprietary rights
(1)
You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
(2)
The goods remain our property until the purchase price is paid in full.
§ 5
Warranty
(1)
The statutory warranty rights are applicable.
(2)
As a consumer, you are requested to promptly check the product for completeness, visible defects and
transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty
claims.
§ 6
Choice of law, place of fulfilment, jurisdiction
(1)
German law shall apply. This choice of law only applies to customers if it does not result in the revocation of
the protection guaranteed by the mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2)
If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed
by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that
follow from the business relationships that exist with us. The same condition applies to situations in which you are
not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place
of residence or the usual place of residence is not known at the time of commencement of proceedings. This has
no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3)
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly
inapplicable.
II. Customer information
1. Identity of the seller
kinderleicht GmbH design + handel
Untere Dorfstrasse 4
29581 Gerdau
Germany
Telephone: 05808980080
E-Mail: g.krueger@kinderleicht.net
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which
can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance to the regulations "conclusion of the contract" in our standard
business terms (part I.).
3. Contractual language, saving the text of the contract
3.1
Contract language shall be English.
3.2
The complete text of the contract is not saved with us. Before the order is sent,
the contract data can be
printed out or electronically saved using the browser’s print function. After the order is received by us, the order
data, the legally-mandated details related to distance selling contracts and the standard business terms are
re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1
The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all
the price components, including all the incidental taxes.
5.2
The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking
the appropriate button on our website or in the respective quote, are shown separately over the course of the
order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3
The payment methods that are available to you are shown by clicking the appropriate button on our website
or are disclosed in the respective quote.
5.4
Unless otherwise specified for the respective payment methods, the payment claims arising from the contract
that has been concluded become payable immediately.
6. Delivery conditions
6.1
The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking
the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered
within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the
payment authorisation).
6.2
If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being
destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless
of whether or not the shipping operation is insured. This condition does not apply if you have independently
commissioned a transport company that has not been specified by us or a person who has otherwise been
appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business
(Part I).
last update: 07.12.2017
