General Terms and Conditions (GTC) of Clemens Spieltiere GmbH

 

1 Scope of application

(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded for the sale of goods between us, Clemens Spieltiere GmbH, represented by Ju Young Hyun, Waldstraße 34, 74912 Kirchardt, Germany (hereinafter „Seller“ or „we“) and you as our customer (hereinafter „Customer“ or „you“).
(2) The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the GTC valid at the time the contract is concluded shall apply.
(3) We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.
(4) The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

2 Conclusion of contract

(1) The presentation and advertising of articles on our website do not constitute a binding offer to conclude a purchase contract.
(2) You can select products from our range, in particular cuddly toys, and send us your order via the contact options on our website www.clemens-spieltiere.de (e.g. contact form, e-mail to info@clemens-spieltiere.de ) or by telephone. By submitting your order, you are submitting a binding request to purchase the selected goods. You can change and view the data at any time before submitting the order. However, the application can only be submitted and transmitted if you have accepted these contractual terms and conditions by confirming the General Terms and Conditions (GTC) and have thereby included them in your application.
(3) We will then send you a confirmation of receipt of your order by e-mail, in which your order is listed again and which you can print out using the „print“ function. This confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the request. The contract is only concluded when we issue a declaration of acceptance, which is issued in a separate e-mail (order confirmation) or by telephone. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract (consisting of the order, GTC and order confirmation) on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(4) We can only accept orders for deliveries abroad with a minimum order value. The minimum order value is €50.00. Below this, an additional minimum quantity surcharge of €7.00 will be charged.
(5) The contract is concluded in German.

3 Terms of delivery

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The goods are dispatched by post using various transport companies. If you are a consumer, we bear the shipping risk until the goods are handed over to you or to a recipient designated by you. If you are an entrepreneur, the shipping risk is transferred to you as soon as the goods leave our warehouse. The choice of transport company is at our discretion, unless expressly agreed otherwise.
(3) Deliveries will only be made to the delivery address provided by you. It is your responsibility to ensure that the delivery address provided is correct and complete.
(4) Delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods, it shall be 14 days. For deliveries abroad, the delivery time may be extended by the duration of the respective delivery route. The exact duration depends on the shipping method and the destination country and will be communicated to you when you confirm your order. In the case of custom-made products, delivery is subject to individual agreement. In this case, the delivery period will be agreed separately with you and recorded in the order confirmation.
(5) If no item of the product you have selected is available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
(6) We cannot guarantee that every size and every item will be available at all times, as they are made entirely by hand. Due to individual production, fluctuations in availability may occur. In particular, certain items or sizes may be temporarily or permanently unavailable if production has to be discontinued due to a lack of profitability. This applies in particular in the event that the production of one or more items is no longer worthwhile. If the product specified by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation and refund any payments already made without delay. Alternatively, we can offer you a comparable product, if possible. There is no entitlement to delivery of a specific item or a specific size.
(7) We reserve the right to change the range at any time and to remove items from the range without any claims being made against us.
(8) The above provisions shall apply accordingly in the event that delays in delivery occur due to force majeure or other circumstances for which we are not responsible.

4 Prices and shipping costs

(1) Prices quoted on our website and in offers are gross prices including statutory VAT and do not include shipping costs. The net prices are stated on our offers and orders to resellers. The statutory VAT is added to the total items and the total gross price is shown at the end of the offer or order.
(2) The shipping costs are indicated in our prices on the website.
(3) We reserve the right to make deliveries only against advance payment. This measure serves to secure our payment claims. You will be informed of this in good time.
(4) If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(5) If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) subject to the statutory requirements.
(6) In the event of a revocation of the purchase, you must bear the direct costs of the return shipment.

5 Terms of payment

(1) You can pay by Klarna, bank transfer or PayPal.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at the statutory rate.
(3) The obligation to pay default interest does not exclude the assertion of further default damages by us.

6 Custom-made products

(1) Custom-made products are goods that are manufactured according to the Customer’s special wishes.
(2) The Customer is obliged to accept custom-made products. There is no right of withdrawal unless the custom-made product has defects that make it unsuitable for the contractually stipulated use.
(3) In the case of custom-made products, the Customer bears the risk that the ordered goods meet his requirements and expectations. The return or exchange of custom-made products is excluded unless there are defects that make the goods unsuitable for the contractually stipulated use. The warranty period for defects in custom-made products delivered is 12 months from the transfer of risk.
(4) The above shortening of the warranty periods does not apply to damages caused by gross negligence or intentional breach of duty by the Seller or its vicarious agents, or to damages resulting from injury to life, limb or health.

7 Planned quantities

(1) Customers who inform the Seller of a planned quantity of their desired items are obliged to actually purchase at least 75% (three quarters) of this planned quantity.
(2) The Seller shall confirm the planned quantities notified within 7 days of receipt of the notification. Confirmation by the Seller shall constitute a binding contract for the acceptance of the confirmed planned quantity.
(3) Should the Customer purchase less than 75% of the confirmed planned quantity, the Seller shall be entitled to invoice the Customer for the difference between the quantity purchased and 75% of the confirmed planned quantity. The customer is obliged to pay this difference.
(4) This obligation to take delivery shall not apply if the Customer proves that he was unable to take delivery of the planned quantity for reasons beyond his control. In this case, the Customer is obliged to inform the Seller immediately in writing and explain the reasons.
(5) The above provisions do not affect the Customer’s statutory warranty rights if the delivered items have defects that make them unsuitable for the contractually stipulated use.

8 Retention of title

(1) The delivered goods remain our property until the purchase price has been paid in full.
(2) If the Customer is a consumer, the following applies:
a. The Customer is obliged to treat the purchased item with care and to carry out any maintenance and inspection work in good time at his own expense.
b. The Customer may neither sell nor pledge the reserved goods nor assign them as security as long as ownership has not yet been fully transferred to him.
c. In the event of seizures or other interventions by third parties, the Customer must inform the Seller immediately in writing so that the Seller can file a lawsuit in accordance with § 771 ZPO. If the third party is not in a position to reimburse the Vendor for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the Customer shall be liable for the loss incurred by the Vendor.
(3) If the Customer is an entrepreneur, the following applies:
a. The Customer is entitled to resell the purchased item in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice amount (including VAT) which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The Seller hereby accepts the assignment.
b. The Customer shall remain authorized to collect this claim even after the assignment. The Seller’s authorization to collect the claim itself shall remain unaffected by this. However, the seller undertakes not to collect the claim as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.
c. Processing or transformation of the purchased item by the Customer shall always be carried out for the Seller. If the purchased item is processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.
d. The Customer may neither pledge the reserved goods nor assign them as security. In the event of seizure or other interventions by third parties, the Customer must notify the seller immediately in writing so that the Seller can bring an action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is not in a position to reimburse the Seller for the court and out-of-court costs of an action pursuant to Section 771 ZPO, the Customer shall be liable for the loss incurred by the Seller.
(4) The Seller undertakes to release the securities to which he is entitled at the Customer’s request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on the seller.

9 Warranty

(1) We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory warranty claims against consumers is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.
(2) Any Seller’s warranties given by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

10 Liability

(1) Claims for damages by the Customer are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

11 Data protection

You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our privacy policy at: Clemens Spieltiere GmbH | Kirchardt – PRIVACY POLICY

12 Statutory right of withdrawal for consumers

Cancellation policy

Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform us, Clemens Spieltiere GmbH, represented by Ju Young Hyun, Waldstraße 34, 74912 Kirchardt, phone number: (+) 49 7266 1774, e-mail: info@clemens-spieltiere.de, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website Clemens Spieltiere GmbH | Kirchardt – Cancellation policy. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The right of withdrawal does not apply to the following contracts:
• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
• Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
• Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
• Contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
• Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.

Sample withdrawal form:

(If you wish to cancel the contract, please fill out this form and send it back to us).

To Clemens Spieltiere GmbH, represented by Ju Young Hyun, Waldstraße 34, 74912 Kirchardt, Germany, e-mail: info@clemens-spieltiere.de:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of 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 for notification on paper)
– Date

(*) Delete as appropriate.

13 European dispute resolution for consumers

(1) We draw your attention to the online dispute resolution for consumers pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . Here you can enter into an out-of-court settlement of consumer disputes arising from online contracts.
(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 14 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.