Banner Beasts AGB

Last updated June 13, 2014
 

TERMS OF PAYMENT AND DELIVERY


BETWEEN SIGIKID AND CONSUMERS IN THE ONLINE SHOP


Download Terms as PDF file



1.
Scope

 
Our terms and conditions below apply exclusively for agreements for the delivery of goods made between us and the consumer (customer) in the sigikid BEASTS online shop.
 
 
2.
Offer and conclusion of agreement

 
2.1
By placing your order in the sigikid BEASTS online shop you are submitting a binding offer for the conclusion of a purchase agreement.
 
2.2
Agreements are not concluded until we ship the goods the customer has ordered.
 
2.3
We will notify you immediately via e-mail should we determine in the course of processing your order that the products you have ordered are not available. In this case, no agreement is concluded concerning the unavailable goods.
 
2.4
All documents such as brochures, miscellaneous product descriptions, etc. include only approximations as is customary for the industry, unless such information is expressly labelled as binding. In particular, such documents do not constitute guarantees or liabilities.
 
 
3.
Statutory notice concerning the right to cancel / Costs for returning cancelled goods

 
3.1
Right to cancel

You may cancel your order within14 days without stating any reasons. The cancellation period is 14 days from the day on which you or a third party authorized by you who is not the forwarder, receives the final delivery.
To exercise your right to cancel your order, you must send a letter clearly stating your intent (e.g. by mail, by fax or via e-mail)  to our address (sigikid, H. Scharrer & Koch GmbH & Co. KG, Am Wolfsgarten 8, 95511 Mistelbach, Germany, Fax +49 (0)9201 70-20, e-mail: kundenservice@sigikid.de ). You may use the attached sample cancellation form to cancel your order; however, you are not required by law to do so. You may complete and transfer the sample cancellation form or another clearly worded statement of your intent to cancel your order electronically via our website: http://www.beastsshop.com/kuscheltier/en/bottom_menu/rma/. If you choose this option, we will immediately send you a notification (e.g. via e-mail) confirming receipt of your cancellation notice. To remain within the cancellation period, it is sufficient for you to send notice that you intend to exercise your right to cancel your order before the stated time elapses.

Address your cancellation notice or return shipments to:

sigikid
H. Scharrer & Koch GmbH & Co. KG
Am Wolfsgarten 8
95511 Mistelbach
Germany
Phone +49 9201 70-160
Fax: +49 9201 70-20
E-mail:
kundenservice@sigikid.de
 
3.2
Consequences of cancellation

In the event of an effective cancellation, we must refund any payments we receive from you including shipping charges (excluding additional charges resulting from your choice of a non-standard method of delivery) without delay, but in any event within 14 days at the latest from the day on which we receive your cancellation notice. We will use the same method of payment for this refund that you used for your original transaction with us unless we have an express agreement with you stating otherwise; under no circumstances will you be charged for this refund.
We reserve the right to refuse refund of payment until we receive the goods or until you can submit proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay, and in any event within 14 days of the date on which you notified us of your intent to cancel your order. The deadline is considered to be met if you send the goods before the 14-day deadline elapses.

We bear the direct costs of the return if you use our online form for requesting a return label (see 3.3)

End of the terms and conditions of cancellation/returns

 
3.3
Note:
You may request a label for returning your goods on our website www.beastsshop.com/kuscheltier/en/bottom_menu/rma/ after you have received them.
 
3.4
Note:
After receiving the goods, you also have the option of exercising your right to cancel online via our website www.beastsshop.com/kuscheltier/en/bottom_menu/rma/.
 
 
4.
Prices

 
4.1
All prices are stated in euros (€) and include VAT.
 
4.2
The minimum order value is €24,00.
 
4.3
Shipping costs €2.90 within Germany and €7.00 to Austria per order. Additional costs in the amount of €6.00 will be charged for COD shipments within Germany.
For deliveries to Luxembourg, Belgium, Netherlands, France (oversea départements excluded) and Great Britain shipping costs per order are €14,90.
 
 
5.
Delivery/Partial performance
 

5.1
Deliveries are possible in the following countries: Germany, Austria, Luxembourg, Belgium, Netherlands, France (oversea départments excluded), Great Britain.
 
5.2
We are entitled to partial performance of services at our discretion; the customer agrees to accept the respective partial performance. In such cases, the customer must pay the price of the partial services rendered.
 
 
6.
Payment terms

 
You may complete payments in the online shop using a credit card, PayPal or by COD. Please note: COD is only available in Germany.
 
 
7.
Delivery period

 
7.1
It takes 3-5 working days from receipt of order confirmation to deliver your goods; however, the delivery period does not begin until you have made any payments that are due.
 
7.2
Delivery dates are only binding if we have expressly confirmed these in writing. Labour disputes, government action, raw material shortages, traffic disruptions, unusual circumstances, etc. free us from the obligation to deliver for their duration or entirely if they lead to the impossibility of performance – regardless of whether they occurred at our or our suppliers' location. In this case we will immediately inform you of the unavailability and reimburse any funds you have already paid without delay.
 
7.3
Claims for damages due to late delivery or non-delivery are excluded unless they are based on intent or gross negligence. Liability for damages in case of slight negligence is limited to the foreseeable damage. Liability for unforeseeable damages requires proof of wilful or grossly negligent breach of contract. In any case, the amount of which is limited to the amount of the offer or invoice of the underlying delivery in question; for partial deliveries, the amount is limited to the current value.
 
7.4
We are entitled to claim damages including any additional expenses that are incurred if the customer delays acceptance or violates other obligations to cooperate. In this event, the responsibility for accidental loss or damage to the purchased goods is transferred to the customer for the period the customer delays acceptance.
 
 
8.
Conditional sale

 
The goods remain our property until all claims from the bill of sale have been paid in full.
 
 
9.
Offsetting claims
 

The customer may only set off claims with counterclaims that are undisputed, due for decision or have been legally determined.
 
 
10.
Warranty

 
Unless otherwise regulated in clause 11 below, the statutory warranty regulations apply for claims related to defects.
 
 
11.
Liability

 
11.1
We accept unlimited liability for intent and gross negligence. In the event of slight negligence, our liability is limited to foreseeable damages as is customary with an agreement of this type. We are not liable for breach of contractual secondary obligations related to slight negligence that are not part of the material secondary obligations.
 
11.2
This does not affect liability in case of fraudulent concealment of defects or in the event a quality guarantee is provided, nor does it change liability for claims based on product liability legislation [Produkthaftungsgesetz in Germany] or for injury to life, limb or health. This does not change the burden of proof to the detriment of the customer.
 
11.3
We are not liable for damages caused by improper treatment, handling and processing or due to normal wear and tear.
 
11.4
The customer must arrange an appointment and provide us with enough time and opportunity to be able to carry out improvements and make replacements.
 
11.5
The customer agrees to set a reasonable deadline for subsequent performance prior to withdrawal or reduction.
 
11.6
Insofar as our liability is excluded or limited, this also applies to the personal liability of our staff, employees, workers, representatives and agents.
 
11.7
In the event we are liable for a breach of duty that justifies a claim for damages instead of performance within the meaning of Sections 281, 282, 284 of the German Civil Code [BGB – Bürgerliches Gesetzbuch] or payment to recover damages due to improper conduct, such claims are limited to no more than the agreed purchase price of the goods if the damage was caused by us, our management staff or our agents as a result of simple negligence.
 
11.8
The liability limitations in clause 11.7 do not apply if a cardinal obligation is violated or in case of bodily injury.
 
11.9
If we have the right to claim damages instead of performance, we can claim a lump sum of 20% of the agreed purchase price as damages without proof of actual damages. The amount of damages claimed can be higher or lower if we can prove a higher or the customer a lower amount of damages, respectively.
 
 
12.
Rights to images and text

 
sigikid, H. Scharrer & Koch GmbH & Co. KG or its partners own the rights to all images and text. You may not use images or text without our explicit consent.
 
 
13.
Disclaimer for external links

 
We use links on our web pages to make reference to external websites.
 
The following applies to all links:
 
We hereby state that we have no influence whatsoever on the structure or content of linked pages. We therefore expressly distance ourselves from all content of all external websites linked to by www.beastsshop.com and are not responsible for the content found on such external websites. This declaration applies to all links and all content found on the linked web pages.
 
 
14.
Applicable law

 
14.1
The law of the Federal Republic of Germany applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
 
14.2
Applicable law according to 14.1 of these terms of payment and delivery does not apply if the protection granted to the consumer/customer is revoked due to mandatory provisions of the law of the country in which he has his habitual residence.
 
 
15.
Partial invalidity

 
Should individual provisions of these terms and conditions or of the respective agreements be or become invalid, this will not affect the validity of the remaining provisions.
 
 
16.
Provider identification

 
sigikid H. Scharrer & Koch GmbH & Co. KG
Am Wolfsgarten 8
95511 Mistelbach, Germany
Company Register Bayreuth, No.: HRA 2603
Managing Director: Axel Gottstein
General Partner:
sibego Spiel- u. Textilwaren Verwaltungs-GmbH
Am Wolfsgarten 8
95511 Mistelbach, Germany
Company Register Bayreuth, No.: HRB 2262
Phone: +49(0)9201-70-160
Fax: +49(0)9201-70-20
E-mail: info@beastsshop.de
VAT registration number: DE 167814647