General Terms and Conditions of finkid GmbH - Onlineshop (as at: September 2019)

General Terms and Conditions with important customer information

§ 1 Applicability / Scope

For the business relationship between the finkid online store and the customer, the following general terms and conditions apply exclusively. Conflicting terms and conditions or terms and conditions deviating from these General Terms and Conditions are not recognized by finkid GmbH and are hereby expressly rejected. Conflicting terms and conditions of the Customer shall only be valid if finkid expressly agrees to them in writing.

§ 2 Conclusion of Contract

(1) By clicking the button "Order subject to payment", you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order. We reserve the right to conduct a subsequent credit check.

(2) When ordering via our online store, the ordering process comprises a total of 4 steps. In the first step, you select the desired goods. In the second step, you enter your customer data including billing address and, if applicable, different delivery address. In the third step you choose how you want to pay. In the last step, you have the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct them if necessary before you send your order to us by clicking on "Order subject to payment".

(3) The delivery of goods shall only be made in quantities customary for households. finkid GmbH does not accept orders from customers who have not yet reached the age of 18.

§ 3 Inspection of the contract text

The text of the contract is stored. You can view the general terms of contract at any time on www.finkid.de/en/terms.

§ 4 Cancellation policy

1. Right of revocation:

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (finkid GmbH, Berliner Str. 46, 10713 Berlin, service@finkid.de, Tel.:+49 30 629 3774-0, Fax: +49 30 629 3774-98) by means of a clear declaration / (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached [sample withdrawal form] for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2. Sample withdrawal form

Recipient:
finkid GmbH
Berliner Str. 46
10713 Berlin

Phone: +49 30 629 3774-0
Fax: +49 30 629 3774-98
E-Mail: service@finkid.de

I/we (*)hereby revoke the contract concluded by me/us (*) for the following goods (*)/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 paper communication)

-Date

(*) delete as applicable

 3. Consequences of revocation:

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (Meyer & Meyer Logistikzentrum, C/o finkid GmbH, Bad Wilsnacker-Str. 48, 19322 Wittenberge, Germany) without undue delay and in any case no later than within fourteen days from the day on which you notified us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days.

Within Germany, finkid GmbH will bear the direct costs of the return shipment. For returns from abroad, the Buyer shall bear the direct costs of the return shipment.

You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling by you that is not necessary for the inspection of the condition, properties and functioning of the goods.

 § 5 Delivery

(1) Unless otherwise agreed, the delivery shall be made from the warehouse of finkid GmbH to the delivery address specified by the Buyer. However, the transfer of risk occurs only when the goods are handed over to the customer. The delivery within Germany is carried out by the logistics service provider Deutsche Post AG (DHL).

(2) The delivery time is approximately one to seven days. If finkid GmbH discovers during the processing of your order that the products you ordered are not available, you will be informed separately by e-mail. A contract for the unavailable goods will not be concluded. Shipping to foreign countries, if offered, may take three to four business days longer.

(3) Delivery to post office boxes is not possible.

(4) We are entitled to partial deliveries, as far as this is reasonable for you. Additional shipping costs will only be incurred if expressly agreed.

(5) Current orders can unfortunately not be changed subsequently.

§ 6 Prices, shipping costs and value added tax

(1) All prices stated on the Seller's Internet pages include the applicable statutory value-added tax and other price components; these will be shown separately on the invoice.

(2) For orders within Germany (domestic) we charge a flat shipping fee of 4.95€ (Euro), which is shown separately on the invoice. For orders from Austria (foreign countries) we charge a shipping fee of 7,95€ (Euro).

(3) For orders within Germany with a shopping cart value of at least 150,00€ (Euro) shipping is free.

(4) Distance sales are generally subject to sales tax at the place of dispatch. However, if certain delivery thresholds are exceeded by the sender, the sales tax is payable where the buyer is located (destination principle). This applies if the buyer is a private person. finkid GmbH is located in Austria below the delivery threshold and therefore charges the VAT currently applicable in Germany of 19 %.

(5) As follows from § 4, finkid GmbHn shall bear the direct costs of returning the goods in case of a revocation within Germany. In case of a revocation from abroad (e.g. Austria), the Buyer shall bear the direct costs of returning the goods.

§ 7 Exchange and returns

(1) Within Germany, finkid GmbH bears the direct costs of returning the goods, as stated in § 4. Within Germany, please use the DHL shipping label provided for this purpose.

(2) In the case of returns due to a justified defect or complaint (warranty case), you will be reimbursed for the shipping costs, even from abroad. Unfortunately, we can not issue return labels for foreign countries. We ask you to report the return shipment of the complaint under presentation of the shipping receipt and your bank account to our service service@finkid.de, so that we can reimburse you the costs.

(3) An exchange to another size or color after returning the goods is not possible. In order to get the desired article, a new order must be placed in the online store. The costs as stated in § 6 apply here.

(4) As stated in § 8, an exchange in the case of warranty (complaint) is free of charge.

§ 8 Warranty

The consumer is entitled to warranty for defects of the purchased goods in accordance with the statutory provisions of § § 437 et seq. BGB. In particular, the customer can demand supplementary performance (new delivery or removal of defects). However, finkid GmbH shall be entitled to refer the Customer to new delivery if the removal of defects would involve disproportionate effort. Warranty claims shall expire two years after delivery of the goods. The customer should assert his warranty claims stating the order number, his name and address as well as briefly stating the reasons. Upon request of finkid GmbH, the Customer shall send the defective goods for inspection at the expense and risk of finkid GmbH to the following address: finkid GmbH, Berliner Str. 46, 10713 Berlin.

§ 9 Terms of payment

Within the order process, finkid GmbH accepts the indicated payment methods, such as payment by Paypal, by credit card, by direct debit or by purchase on account. The service provider for all payment methods is PayPal (Europe) S.à r.l. et Cie, S.C.A. During the ordering process PayPal carries out an automatic credit check of the customer by means of an inquiry at a credit agency (e.g. SCHUFA Holding AG) if there is a legitimate interest. From this credit assessment depends on which payment methods are offered to the customer in the specific case.

§ 10 Assignment

finkid reserves the right to assign your due purchase price claims arising in connection with the delivery of goods, including any due installments and fees, to third parties. Likewise, finkid reserves the right to pledge due claims of the aforementioned kind to third parties.

§ 11 Retention of title

The delivered goods shall remain the property of finkid GmbH until full payment has been made.

§ 12 Set-off / Retention

The Customer shall only have the right of set-off if his counterclaims have been legally established or are undisputed by finkid GmbH. The Customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 13 Data protection

The personal data of the Customer, which become known to finkid GmbH in the course of a business relationship, shall be collected, stored and used by us in accordance with the applicable data protection provisions of finkid GmbH. These data regulations can be viewed at the following address:
www.finkid.de/en/privacy

§ 14 Final Provisions

(1) All contracts between finkid GmbH and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as it does not deprive the Customer of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.

(2) Should individual provisions of the contract between finkid GmbH and the Contractual Partner including these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

§ 15 Provider of the website

The website offered under the domain www.finkid.de is operated by:

finkid GmbH
Belriner Str. 46
10713 Berlin

Represented by the managing directors / board of directors:

Annika Rendel and Tobias Voigt

Competent court: Local court Hamburg, HRB 116704

Mrs. Annika Rendel, Berliner Straße 46, 10713 Berlin
Telefon: +49 (0)30 36 44 45 94
E-Mail: a.rendel@finkid.de