Terms of Service
Terms and Conditions
Managing Director Janna Clazina Bosch
- hereinafter referred to as "Kindermaxx" -
§ 1 General/Validity
(1) All deliveries, services, and offers of Kindermaxx are made exclusively on the basis of these General Terms and Conditions of Delivery. They are an integral part of all contracts that Kindermaxx concludes with its contractual partners (hereinafter also referred to as "Customer") for the deliveries or services it offers. They also apply - to the extent that the Customer is an entrepreneur within the meaning of paragraph 3 sentence 2 - to all future deliveries, services, or offers to the Customer, even if they are not separately agreed again.
(2) Terms and conditions of the Customer or third parties do not apply, even if Kindermaxx does not separately object to their application in individual cases. Even if Kindermaxx refers to a letter that contains or refers to the terms and conditions of the Customer or a third party, this does not constitute agreement to the validity of those terms and conditions.
(3) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
§ 2 Regulations and information on the conclusion of the contract
All offers by Kindermaxx are merely a non-binding invitation to the Customer to submit offers.
(2) Technical steps leading to conclusion of the contract and conclusion of the purchase contract
a) Order via the online shop
To order one or more items via the online shop, the items must first be marked for ordering by clicking on the "shopping cart" link or button. In the "shopping cart" (which can be reached at any time via a link in the shop offer), the customer is then guided through the ordering process by explaining each step and asking for the required information.
The ordering process is completed when the customer finally clicks on "order subject to payment".
This constitutes the Customer's offer to conclude the contract, which Kindermaxx can accept within two workdays.
Kindermaxx accepts the offer - after sending an order confirmation - by means of a separate order confirmation or delivery of the goods.
The purchase contract is concluded upon acceptance by Kindermaxx.
In deviation from the foregoing, the contract is already concluded before the order confirmation is sent if either the order confirmation contains a request for payment or if the payment process is initiated and concluded during or immediately after completion of the order process.
b) Order by telephone, e-mail, fax or letter
If expressly offered in the online shop, the contract is concluded as follows when the customer places an order by telephone, e-mail, fax or letter:
The customer declares verbally or in writing his binding intention to purchase precisely named articles of the offer in the online shop. This constitutes the customer's offer to conclude the contract, which Kindermaxx can accept within five days of receipt.
Kindermaxx accepts the offer by sending the delivery confirmation or by delivering the goods. The purchase contract is thereby concluded.
(3) Storage and access to the contract text
Kindermaxx stores the text of the contract and sends the Customer the order data and the terms of the contract by e-mail. In doing so, Kindermaxx provides the Customer with the opportunity to retrieve the contractual provisions at the time of the conclusion of the contract and to store them in reproducible form. Access to the contractual texts stored at Kindermaxx - with the exception of the freely accessible GTC - is only possible for registered customers via the customer account.
(4) Detection and correction of input errors
In order to recognise and prevent input errors during the ordering process, the customer is shown an overview page for checking purposes before the order becomes effective, with the help of which the customer can check all details of the order and correct the data entered in the input fields himself or by using the "Back" button of the Internet browser.
(5) Available languages
The contract language is English.
§ 3 Prices and terms of payment
(1) The prices displayed at the time of the order shall apply. Packaging and shipping costs, if any, shall be charged in addition and shall be notified to the customer in due time. In the event of an order from abroad, it cannot be ruled out that your bank or country may levy costs or taxes not known to kindermaxx, such as (import) duties or processing fees for payment. These are not costs that are paid or invoiced via Kindermaxx
(2) Kindermaxx accepts all payment methods indicated on the Internet site. Kindermaxx issues the Customer an invoice for the ordered goods that is sent to the Customer in text form no later than with the delivery of the goods.
The total purchase price of the ordered goods is payable according to the selected payment method.
(3) Cheques shall only be deemed to be payment after they have been cashed.
(4) With respect to entrepreneurs, Kindermaxx is entitled to perform deliveries or services only against advance payment or the provision of security.
§ 4 Packaging and shipping costs, transfer of risk
Packaging and shipping costs, insofar as they are charged, shall be notified to the customer in good time before the order process is initiated.
Regulations vis-à-vis entrepreneurs
(1) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This also applies if partial deliveries are made or Kindermaxx has assumed other services (e.g. shipping or installation). If the shipment or handover is delayed due to a circumstance whose cause lies with the Customer, the risk shall pass to the Customer on the day on which Kindermaxx is ready to ship and has notified the Customer of this.
(2) The method of shipment and the packaging are subject to Kindermaxx's dutiful discretion.
(3) The Customer shall bear the storage costs after the transfer of risk. In the case of storage by Kindermaxx, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per expired week. Kindermaxx reserves the right to assert and prove further or lower storage costs.
(4) Kindermaxx will insure the shipment against theft, breakage, transport, fire, and water damage or other insurable risks only at the Customer's express request and at the Customer's expense.
§ 5 Delivery and delivery times
Regulations vis-à-vis consumers
(1) The delivery of goods to the customer is carried out by third-party providers (delivery services). In the case of dispatch by forwarding agent, "delivery free kerbside" is agreed as the place of performance, i.e. delivery is made to your front door, at ground level, without steps.
(2) The delivery times can be found either in the product description or in the separately retrievable shipping information in the shop.
(3) Partial deliveries are possible if the customer
a) has been informed of this possibility and the resulting consequences for the right of cancellation in our cancellation instructions and
b) is not recognisably not interested in them or they are recognisably not reasonable for him. Reasonableness is given if
- the partial delivery can be used by the customer within the scope of the contractual purpose,
- the delivery of the remaining ordered goods is ensured and
- the customer does not incur any significant additional expenditure or additional
costs or the seller agrees to bear these costs.
(4) The costs for transport and packaging, insofar as such are charged, shall only be charged once for partial deliveries
Regulations vis-à-vis entrepreneurs
(1) Deliveries are made from 5760 Saalfelden, Austria.
(2) Deadlines and dates for deliveries and services promised by Kindermaxx are always only approximate unless a fixed deadline or date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates refer to the time of handover to the carrier, freight forwarder, or other third party commissioned with the transport.
(3) Kindermaxx can - without prejudice to its rights arising from the Customer's default - demand from the Customer an extension of delivery and performance periods or a postponement of delivery and performance dates by the period of time during which the Customer does not fulfill its contractual obligations to Kindermaxx.
(4) Kindermaxx is not liable for the impossibility of delivery or for delays in delivery to the extent that they are caused by force majeure or other events that were not foreseeable at the time of the conclusion of the contract (e.g., operational disruptions of all kinds, difficulties in the provision of services). operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of workers, energy, or raw materials, difficulties in procuring the necessary official permits, official measures, or the failure of suppliers to deliver or to deliver correctly or on time) for which Kindermaxx is not responsible. If such events make it significantly more difficult or impossible for Kindermaxx to deliver or perform and the impediment is not only of temporary duration, Kindermaxx is entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If the Customer cannot reasonably be expected to accept the delivery or service as a result of the delay, it may withdraw from the contract by immediately notifying Kindermaxx in writing.
§ 6 Place of Performance and Acceptance, if the Customer is an Entrepreneur
(1) The place of performance for all obligations arising from the contractual relationship is 80538 Munich, Germany, unless otherwise specified. If Kindermaxx is also responsible for installation, the place of performance is the place where the installation is to take place.
(2) To the extent that acceptance must take place, the object of sale shall be deemed accepted if
a) the delivery and, if kindermaxx is also responsible for the installation, the installation is completed,
b) kindermaxx has notified the Customer of this with reference to the acceptance fiction under this provision and has requested acceptance,
c) twelve workdays have passed since delivery or installation or the Customer has begun using the purchased object (e.g., has put the delivered system into operation) and in this case six workdays have passed since delivery or installation, and
d) the Customer has failed to accept the object of purchase within this period for a reason other than because of a defect notified to Kindermaxx that makes it impossible to use the object of purchase or significantly impairs its use.
§ 7 Warranty
Warranty regulations vis-à-vis consumers
(1) There is a statutory right of liability for defects, in this respect the statutory periods apply.
(2) If a warranty is stated in the offer, the statutory liability for defects shall remain unaffected.
Warranty regulations vis-à-vis entrepreneurs
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.
(2) The delivered objects must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They are deemed approved if Kindermaxx does not receive a written notice of defect with respect to obvious defects or other defects that were identifiable during an immediate, careful inspection within seven workdays after delivery of the delivery item or otherwise within seven workdays after discovery of the defect or the point in time at which the defect was identifiable for the Customer during normal use of the delivery item without closer inspection. Upon Kindermaxx's request, the delivery item that is the subject of the complaint must be returned to Kindermaxx freight prepaid. In the event of a justified notice of defect, Kindermaxx shall reimburse the costs of the most favorable shipping route; this shall not apply to the extent that the costs increase because the delivery item is located at a place other than the place of intended use
(3) In the event of material defects in the delivered objects, Kindermaxx shall first be obligated and entitled to rectify the defect or make a replacement delivery at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal, or unreasonable delay of the rectification or replacement delivery, the Customer can withdraw from the contract or reduce the purchase price appropriately.
(4) In the event of defects in components of other manufacturers that Kindermaxx cannot remedy for licensing or factual reasons, Kindermaxx will, at its option, assert its warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. In the event of such defects, warranty claims against Kindermaxx shall exist under the other conditions and in accordance with these General Terms and Conditions of Delivery only if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. During the duration of the legal dispute, the statute of limitations for the relevant warranty claims of the customer against Kindermaxx is suspended.
(5) A delivery of used items agreed with the Customer in an individual case is made to the exclusion of any warranty.
(6) Claims for damages due to fault on the part of Kindermaxx are not limited by the foregoing warranty provisions.
§ 8 Retention of title
Provisions on retention of title vis-à-vis consumers
All deliveries shall be made subject to retention of title. The delivered goods shall remain the property of "Kindermaxx" until the purchase price has been paid in full.
Provisions on retention of title vis-à-vis entrepreneurs
(1) The following agreed reservation of title serves to secure all existing current and future claims of Kindermaxx against the Customer from the delivery relationship existing between the contracting parties (including balance claims from a current account relationship limited to this delivery relationship).
(2) The goods delivered by Kindermaxx to the Customer remain the property of Kindermaxx until full payment of all secured claims. The goods and the goods covered by the retention of title that take their place under this clause are hereinafter referred to as goods subject to retention of title.
(3) The Customer shall store the goods subject to retention of title free of charge for Kindermaxx.
(4) The Customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the event of realization (paragraph 9). Pledges and transfers by way of security are not permitted.
(5) If the reserved goods are processed by the Customer, it is agreed that the processing is carried out in the name and for the account of Kindermaxx as the manufacturer and that Kindermaxx acquires direct ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (fractional ownership) of the newly created item in proportion to the value of the reserved goods to the value of the newly created item. In the event that Kindermaxx does not acquire such ownership, the Customer hereby assigns its future ownership or - in the aforementioned proportion - co-ownership of the newly created object to Kindermaxx as security. If the goods subject to retention of title are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, Kindermaxx shall, to the extent that the main item belongs to it, transfer to the Customer pro rata co-ownership of the uniform item in the ratio specified in sentence 1.
(6) In the event that the reserved goods are resold, the Customer hereby assigns to Kindermaxx by way of security the resulting claim against the purchaser - in the event of Kindermaxx's co-ownership of the reserved goods, in proportion to the co-ownership share. The same shall apply to other claims that take the place of the reserved goods or otherwise arise with respect to the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. Kindermaxx revocably authorizes the customer to collect the claims assigned to Kindermaxx in its own name for the account of Kindermaxx. Kindermaxx may revoke this collection authorisation only in the event of realisation.
(7) If third parties gain access to the reserved goods, in particular through seizure, the Customer shall immediately inform them of Kindermaxx's ownership and inform Kindermaxx of this in order to enable Kindermaxx to enforce its ownership rights. If the third party is not able to reimburse Kindermaxx for the court or out-of-court costs incurred in this connection, the customer shall be liable to Kindermaxx for these costs.
(8) Kindermaxx will release the goods subject to retention of title and the items or claims replacing them upon request at its discretion to the extent that their value exceeds the amount of the secured claims by more than 50%.
(9) If Kindermaxx withdraws from the contract in the event of the Customer's conduct in violation of the contract - in particular default of payment - it is entitled to demand return of the goods subject to retention of title.
§ 9 Procedure for dealing with complaints, dispute resolution procedure
Kindermaxx's procedure for dealing with complaints complies with the requirements of professional diligence. Accordingly, if the Customer wishes to make complaints, he can do so in writing or verbally via all means of communication and addresses/numbers mentioned here. Prompt processing is assured.
It is pointed out that Kindermaxx is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Exclusion or premature expiry of the right of withdrawal
The right of revocation does not exist if the customer, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity and thus as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).
Furthermore, the right of revocation does not apply to contracts
- for the delivery 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;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded
- for the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- in the case of consumers, insofar as the order is placed from and the consignment is sent to a country that is not a member of the European Union.
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
§ 11 Final provisions
(1) In the event that any provision of these General Terms and Conditions should be invalid, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The invalid clause shall be replaced by the statutory provision. Other provisions shall only apply if in this case adherence to the contract represents an unreasonable hardship for one of the contracting parties. In that case, the contract as a whole shall be invalid.
(2) With regard to all legal relationships arising from this contractual relationship, the contracting parties agree to apply the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless the consumer would thereby be deprived of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence shall apply.