Terms of service

General terms and conditions within the framework of contracts on the website www.inselkids.de

 

between

Inselkids, Ann-Christin Kolb, BGM-Feilke-Str. 33c, 23769 Fehmarn

- In the following "provider" -

and

the customer referred to in § 2 of the contract

- In the following "customer" -

getting closed.

§ 1 scope, conceptual provisions

(1) The provider offers physical or digital goods via the website with the URL „www.inselkids.de“ to (hereinafter: "shop").

(2) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees with their validity.

(3) The customer is a consumer, insofar as the purpose of the delivered deliveries and services cannot be attributed to its commercial or independent professional activity. In contrast, entrepreneur is every natural or legal person or legal partnership that acts in the exercise of their commercial or independent professional activity when concluding the contract.

 

§ 2 Contract conclusion

(1) The presentation of the goods in the shop is not a legally binding offer, but only serves to request the offer.

(2) Customer ISD contract is those who submit an offer to buy a goods from the provider. The customer can select products from the provider's range and collect them in a so -called shopping cart using the "In the Cart" button. About the button "agreement to pay for the order you are placing“He gives a binding offer to buy the goods in the shopping cart. With the submission of the offer, the customer accepts these contractual provisions and thus accepts them in his declaration of offer.

(3) Insofar as the provider sends the customer an automatic confirmation of receipt, this is only documented that the customer's order has received the provider. This expressly does not represent the application.

(4) The contractual language is German.

 

 § 3 delivery, availability of goods

(1) It can be seen from the article descriptions whether the goods are kept in stock or produced on order. If the item description does not indicate this, it can be assumed from a production to order.

(2) The production duration is calculated from the time of our order confirmation, prior payment of the purchase price. If there is no production period in our shop, the production period is two weeks.

(3) The expiry of the delivery time begins after the production period has expired. If there is no delivery time in our online shop, the delivery time is usually three days.

(4) There are the following delivery restrictions: The provider only delivers to customers whose billing address and delivery address is in one of the countries that are available in the shipping settings of the article.

(5) We will never take over a risk of procurement. Our delivery obligation is limited to goods from our goods supply, including the supply of goods of our respective partner dealer.

Our obligation to deliver is eliminated if we are not delivered correctly and/or in good time and are not responsible for the lack of availability, insofar as we have informed you immediately. Any advance payment will be reimbursed if not available.

The provider is not obliged to ensure permanent availability of the offer. This does not apply to orders that have already been operated.

(6) The provider delivers to the address, which is specified as a shipping address during the ordering process. If the additional costs that go beyond the shipping costs (e.g. customs, etc.), these are to be borne by the customer. The customer also bears the costs that result from failed shipping attempts, insofar as he is responsible for them. The latter applies in particular, the customer specifies the wrong delivery address.

 

§ 4 Reference to Reference

The delivered goods remain owned by the provider until full payment.

 

§ 5 prices and shipping costs

(1) The prices displayed in the shop include taxes in the respective country or the German sales tax applicable in the respective country.

(2) The amount of the shipping costs depends on the item description of the goods. The specified shipping method may differ from the information of the item description, in particular due to the profitability considerations of the provider.

(3) The provider only bears the shipping risk, insofar as the customer is consumer ISD BGB.

(4) In the event of a revocation, the customer must bear the immediate costs of the return. This does not apply if the customer is exposed to disproportionate difficulties by returning.

 

§ 6 payment modalities

(1) The customer can choose between the payment options specified by the provider. It is pointed out that beyond these provisions, business provisions of the respective payment service provider can apply.

(2) According to the respective payment method, the due date of the purchase price amount is also based.

(3) The customer's obligation to pay default interest does not rule out the assertion of further default damage by the provider.

 

Section 7 of defect rights & Guarantees

(1) Unless expressly agreed below, the statutory right of liability applies.

(2) When the contract is concluded with entrepreneurs, the following applies: The claims due to material defects expire within one year of the transfer or delivery of the goods.

(3) When selling used goods to consumers, the following applies: If the defect occurs after one year after delivery of the goods, the claims for defects are excluded. Defects that occur within one year of the delivery of the goods can be asserted within the framework of the statutory limitation period of two years from the delivery of the goods.

(4) When selling used goods to entrepreneurs, the following applies: Any liability for material defects is excluded.

(5) The above restrictions and deadline reductions towards entrepreneurs and consumers do not apply to claims based on damage caused by the provider whose legal representatives or vicarious agents are caused

- in the event of violation of life, body or health,

- In the event of intentional or grossly negligent breach of duty as well as malice,

- In the event of a violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust (cardinal obligations)

- in the context of a guarantee promise, insofar as the provider himself agreed or

- Insofar as the scope of the Product Liability Act is open.

(6) The provider himself does not give any guarantees that go beyond the legal guarantee. Insofar as the manufacturer of the goods gives a so -called manufacturer's guarantee on the goods, you will find their exact conditions on the respective product page or in the respective product information in the shop. The provider is not liable for the correctness of the information provided by the manufacturer. The manufacturer is the claim for claims from a possible manufacturer's guarantee.

(7) A product provided with the "Recycelt" label is generally not considered used as used goods, insofar as the article description does not indicate anything else.

 

§ 8 liability

(1) We are always liable for claims due to damage caused by us, our legal representatives or vicarious agents

- in the event of violation of life, body or health,

- in the event of intentional or grossly negligent breach of duty,

- In the event of a guarantee promise, insofar as the provider himself agreed, or

- Insofar as the scope of the Product Liability Act is open.

(2) In the event of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust, (cardinal obligations) by mild negligence by us, our legal representatives or vicarious agents is the liability of the amount For predictable damage when the contract is concluded, the formation of which must typically be expected. In addition, claims for compensation are excluded.

 

§ 9 final provisions

(1) The law of the Federal Republic of Germany is applied to contracts between the provider and the customer, excluding the UN sales law. The legal regulations for the restriction of the choice of law and the applicability of mandatory regulations in particular of the state in which the customer has his habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual relationships between the customer and the provider is the seat of the provider.

(3) The EU Commission has created an internet platform for online disputes. The platform serves as a contact point for the extrajudicial settlement of disputes regarding contractual obligations that arise from online purchase contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. We are ready or obliged to accommodate disputes with consumers to participate in a dispute settlement procedure in front of a consumer arbitration board. The responsible consumer arbitration board is: universal arbitration board of the Federal Center for Schlechtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www. consumer Schlichter.de. To settle the disputes mentioned, we will take part in a dispute settlement procedure in front of this point.

(4) The contract remains binding in its other parts even if individual points are legally ineffectiveness. If available, the legal regulations occur instead of the ineffective points. Insofar as this would be an unreasonable hardness for a contracting party, the contract will be ineffective as a whole.