For the business relationship between Kiddybox GmbH and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Kiddybox GmbH does not recognize any deviating conditions of the customer unless Kiddybox GmbH has expressly agreed to their validity in written form.
Insofar as these terms and conditions contain regulations for dealings with companies, these only apply to an entrepreneur who, when concluding a legal transaction, is exercising his commercial or independent professional activity and to a legal entity under public law and a special fund under public law.
1. Conclusion of a contract
The contractual partner for all orders is Kiddybox GmbH. The company’s registered office is in Dinslaken, registered in the commercial register at the Duisburg Local Court, B 19588. Information on prices in catalogs and internet media is subject to change and non-binding. Orders can only be placed by customers who have reached the age of 18. When purchasing via the Internet a binding offer is made by the purchaser if the information required in the ordering process has been entered and “Submit order” has been clicked. A binding offer is submitted with the order. A sales contract is only concluded when the ordered product is shipped to you.
Ordering the goods does not mean that these goods can be delivered immediately. The time of delivery depends on whether the goods are in stock or have to be obtained from a wholesaler. Orders can be placed while stocks last. There is a minimum order value of 80 pcs. Orders are accepted by post, email and telephone. Every order is binding. By placing an order, the customer expressly declares his consent to our terms and conditions. All prices include the applicable statutory value added tax. Unpredictable price changes are reserved at any time.
Unless otherwise agreed, delivery takes place from the Kiddybox GmbH warehouse to the delivery address specified by the customer. All offers are non-binding. This means that Kiddybox GmbH is not obliged to perform in the event of unavailability. We reserve the right to provide a service that is equivalent in quality and price. The customer must examine the goods for transport damage or other defects upon receipt. Obvious defects must be reported immediately, i.e. within one working day, after receipt of the goods. If this notification is not given, the customer loses his statutory rights.
Complaints about transport damage (e.g. damaged packaging on receipt of the goods) must be made directly to the transport company by the customer within the deadlines provided. Kiddybox GmbH ships throughout Germany. Shipping to other European countries is possible by prior arrangement.
The shipping fees are based on the tariffs of the shipping and transport company. The dispatch takes place regularly with UPS.
4. Offsetting, retention
The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
5. Retention of title
The goods remain the property of Kiddybox GmbH until they have been paid for in full
6. Liability for defects / guarantee
The statutory provisions apply with regard to the warranty.
The warranty does not extend to improper storage, handling and use by the customer. As far as food is delivered, Kiddybox GmbH guarantees that these goods are properly packaged and delivered to the customer. As soon as the goods are taken over by the transport company, liability for improper storage of the goods, especially food, is transferred to the customer. Complaints about the deterioration of food cannot be made. No guarantee of quality or any other guarantee is given unless this is expressly granted in writing.
Liability for negligent breach of contractual obligations by Kiddybox GmbH is excluded. This exclusion does not apply to intent or gross negligence, including those of vicarious agents.
The claim for damages is limited to the contract-typical, foreseeable damage. Liability for damage caused by the delivery item to the customer’s legal interests, e.g. damage to other things is excluded. Insofar as the customer uses the delivered goods for the sale of food to end customers, he must ensure that the packaging is correct and in accordance with food law. The Kiddybox expressly does not represent food packaging in the sense of the LMBG, but is only a general transport container.
The customer can send complaints to the following address: Kid¬dy¬box GmbH, Hünxer Straße 326 – 46537 Dinslak¬en.Unpaid returns will not be accepted.
9. Data protection
In accordance with §28 BDSG (Federal Data Protection Act), we draw your attention to the fact that the data required in the course of business transactions are processed and stored using an IT system in accordance with § 33 BDSG. All personal data collected from the customer will be treated confidentially. The data collected is only passed on to third parties as part of the order processing – and only if absolutely necessary (e.g. the shipping address to the shipping company to ensure proper delivery).
Customers can receive information about their stored data free of charge at any time. To do this, send us an email.
The customer can request at any time that
– his data are deleted, provided that all contracts with the customer have been fulfilled,
– he is informed to whom the data will be passed on in a permissible manner.
We use so-called cookies on our site to recognize multiple use of our offer by the same user / internet connection owner. Cookies are small text files that your internet browser downloads and stores on your computer. They serve to optimize our website and our offers. These are mostly so-called “session cookies”, which are deleted again after the end of your visit.
However, some of these cookies provide information in order to automatically recognize you. This recognition is based on the IP address stored in the cookies. The information obtained in this way is used to optimize our offers and to give you easier access to our site.
You can prevent the installation of cookies by setting your browser accordingly; however, we would like to point out that in this case you may not be able to use all functions of our website to their full extent.
This site uses different types of cookies. Some cookies are placed by third parties that appear on our pages.
You can change or withdraw your consent from the cookie declaration on our website at any time.
Please include your consent ID and date when contacting us regarding your consent.
Your consent applies to the following domains: kiddy-box.de
10. Contact options
On our website, we offer you the opportunity to contact us by email and / or via a contact form. In this case, the information provided by the user will be stored for the purpose of processing his contact. It will not be passed on to third parties. A comparison of the data collected in this way with data that may be collected by other components of our site is also not carried out.
11. Use of Google Analytics with anonymization function
We use Google Analytics, a web analysis service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”, on our website. Google Analytics uses so-called “cookies”, text files that are stored on your computer and thereby enable your use of the website to be analyzed.
The information generated by these cookies, such as the time, place and frequency of your website visit including your IP address, is transmitted to Google in the USA and stored there.
We use Google Analytics with an IP anonymization function on our website. In this case, your IP address will already be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and thereby anonymized.
Google will use this information to evaluate your use of our site, to compile reports on website activity for us and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google.
According to its own information, Google will under no circumstances associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of our website to their full extent.
Furthermore, Google offers a deactivation option for the most common browsers, which gives you more control over which data is collected and processed by Google. If you activate this option, no information about the website visit will be transmitted to Google Analytics. Activation does not prevent information from being transmitted to us or to other web analysis services that we may use. Further information on the deactivation option provided by Google as well as on the activation of this option is available via the following link: https://tools.google.com/dlpage/gaoptout?hl=de
12. Information / revocation / deletion
Due to the Federal Data Protection Act, you can contact us free of charge if you have any questions about the collection, processing or use of your personal data and their correction, blocking, deletion or revocation of your consent. We would like to point out that you have the right to correct incorrect data or to have personal data deleted, provided that there is no legal obligation to retain data.
13. Offsetting / right of retention
Offsetting against the customer’s claims is only permitted if the offsetting is given in written form two weeks in advance. There is no right of retention in favor of the customer unless Kiddybox GmbH has previously been requested in writing to provide the service for which the right of retention is being exercised. There is no right of retention if the performance by Kiddybox GmbH is not due.
14. Final provisions, applicable law
The place of jurisdiction for the assertion of claims of any kind is Oberhausen. German law applies to the exclusion of the UN Sales Convention (CISG).
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