Terms of service

I. General Terms and Conditions

Section 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (finkid GmbH) via the website https://finkid.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

Section 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we already submit a binding offer to you to conclude a contract via the online shopping basket system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can access the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order details will finally be displayed to you as an order summary.

If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order details will be displayed to you as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the details in the order summary again, change them (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place paid order", "pay" / "pay now", or a similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, not prevented by SPAM filters.

Section 3 Special Agreements on Offered Payment Methods

(1) Credit check
If we make advance payment, e.g. in the case of payment by invoice or direct debit, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for the purpose of a credit check based on mathematical-statistical procedures in order to safeguard our legitimate interests. We reserve the right to refuse payment by invoice or direct debit as a result of the credit check.

(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

Further information about Klarna and Klarna's terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", 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; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply in this respect, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

Section 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

Section 5 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so shall not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

Section 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. 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 of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is not known at the time the action is brought. This does not affect the right to also bring proceedings before a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

Section 7 Returns Outside the Statutory Right of Withdrawal (Goodwill Returns)

(1) Independently of the statutory right of withdrawal, we offer you the option of returning goods voluntarily under certain conditions.


(2) In the event of such a voluntary return, we reserve the right to deduct a flat-rate shipping charge of 5 € from the refund amount.

(3) A condition for a voluntary return is that the goods are returned to us unworn, undamaged, and complete (including labels and original packaging) within 14 days of receipt.

(4) This provision does not apply to returns within the scope of the statutory right of withdrawal, to which the statutory requirements apply without restriction.


II. Customer Information

1. Identity of the Seller

finkid GmbH
Berliner Straße 46
10713 Berlin
Germany
Telephone: +49 30 62937740
Email: service@finkid.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions under "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of offer requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by the credit institutions) are to be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person otherwise designated to carry out the shipment.

7. Statutory Liability for Defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These GTC and customer information were prepared by the lawyers of Händlerbund who specialise in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last updated: 22.10.2024