Terms of service
General Terms and Conditions with
Customer
Table of contents
- Scope
- Contract
- Withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Ownership
- Liability for defects (warranty)
- Liability
- Special conditions for the processing of goods according to specific customer specifications
- Redemption of gift vouchers
- Anwendbares Recht
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Katharina Ali
Khan, trading as "Wood Kids World" (hereinafter "Seller"), shall apply to all
Contracts for the supply of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller in relation to the goods presented by the Seller in its online shop. This is intended to facilitate the inclusion of own
terms and conditions of the customer, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer may purchase the Offer via the
Submit an online order form. In this case, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by providing the customer with a written order confirmation or a
order confirmation in text form (fax or e-mail), whereby the
receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by asking the customer to pay after placing his order.
If more than one of the above alternatives exists, the contract shall be entered into
at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the
Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time when the Customer clicks on the button that completes the order process.
- When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
- Before placing a binding order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's magnification function, which helps to enlarge the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
- Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
- The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are
do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that meet the statutory
VAT included. Any additional delivery and
Shipping costs are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or
import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment must be made immediately after
Conclusion of the contract is due, unless the parties have agreed on a later due date.
4.5 When selecting a payment offered via the "Shopify Payments" payment service,
Payment method, the payment is processed by the payment service provider Stripe
Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland
(hereinafter "Stripe"). Each of the services offered through Shopify Payments
Payment methods are communicated to the Customer in the Seller's online store. Stripe may use other payment services to process payments, which may be subject to special payment terms, to which the customer may be separately notified. For more information about Shopify Payments, visit https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the seller's cancellation policy shall apply to the return costs.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the other company responsible for the execution of the goods.
dispatch to a specific person or institution. If the customer acts as a
consumers, the danger of accidental demise and accidental
deterioration of the goods sold in principle only when the goods are handed over to the
customers or an authorized recipient. Deviating from this, the
danger of accidental destruction and accidental deterioration of the sold
Goods are also transferred to the customer in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment, if the customer instructs the freight forwarder, the carrier or the other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not attributable to the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the Goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by E-Mail
- postal
6) Ownership
If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defect rights is one year from the date of delivery of the goods;
- the rights of defects are excluded in the case of used goods;
- the limitation period does not begin again if a replacement delivery is made within the framework of the liability for defects.
- If the customer acts as a consumer, the following applies to contracts for the supply of used
with the restriction of the following digit: The limitation period for
claims for defects is one year from the delivery of the goods, if this is between the
parties and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
- The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness, - for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
- In addition, the statutory limitation periods for any existing statutory recourse claim remain unaffected for entrepreneurs.
- If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.
- If the customer acts as a consumer, he is asked to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for damages and expenses arising from all contractual, quasi-contractual and statutory, including tortious claims for damages and expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard, - on the basis of mandatory liability, such as under the Product Liability Act.
- If the seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is imposed in accordance with the above paragraph. Essential contractual obligations are obligations which, according to its content, the contract imposes on the seller in order to achieve the
purpose of the contract, the fulfilment of which is essential for the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.
- In all other respects, the seller shall not be liable.
- The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he shall ensure that no rights of third parties are violated as a result, in particular copyright, trademark and personal rights.
9.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the Seller's use of the Customer's content in accordance with the contract. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the infringement is not attributable to the customer. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or common decency. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, endangering young people and/or glorifying violence.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.
10.8 The gift voucher is transferable. The seller can use a discharging
effect on the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.
11) Anwendbares Recht
11.1 The law of the Federal Republic of Germany applies to all legal relationships of the parties
Germany to the exclusion of the laws on the international purchase of movable
Goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.