GTC

General Terms and Conditions and Customer Information

1. scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed by the customer as a consumer within the meaning of § 13 of the German Civil Code (BGB) via the online store www.schildkroet.de (hereinafter referred to as "Shop"), provided that the customer has reached the age of 18 and is fully legally competent and has his residence or habitual abode within the European Union. A consumer is a natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. These GTC shall apply exclusively.
1.2 Delivery shall only be made to all member states of the European Union.

2. contracting party
Your contractual partner is

Schildkröt-Puppen u. Spielwaren GmbH
Reitgasse 10
96528 Rauenstein

3 Order and conclusion of contract
3.1 The presentation of the products in the store is not a legally binding offer by Schildkröt-Puppen u. Spielwaren GmbH, but merely an invitation to submit an offer by the customer.

3.2 The customer can place desired products in the shopping cart without obligation and view the contents of the shopping cart at any time without obligation and also remove products from the shopping cart. If the customer wishes to purchase the products placed in the shopping cart, he can place a corresponding order. After clicking the button labeled "continue", the customer is asked whether he is already registered as a customer or not and can optionally register as a customer by his first and last name, billing address and, if different, a shipping address and e-mail address. If a customer wants to create a personal customer account, he has to provide a password with which the customer gets access to his personal account in the store. The customer is responsible for the confidential treatment of the account and password. Registration is not required to place an order. Registration allows the customer to place an order in future orders after entering the e-mail address and password, without having to enter the address data again. After that, the customer must specify his desired method of payment and check the entries again on the order overview.
By placing an order in the store, which is completed by clicking on the button "Order subject to payment", the customer makes an offer to conclude a contract for the purchase of one or more products. However, the offer can only be made if the customer ticks the box containing the General Terms and Conditions and the Cancellation Policy, each of which can be viewed via a link, and agrees to them. The order process can be cancelled at any time by closing the browser window.

3.3 If the customer has placed an order, he will receive a confirmation of his order (hereinafter referred to as "order confirmation") to the e-mail address he provided during the ordering process. The purchase contract is concluded with the shipment of the goods.

3.4 The order data is stored on our internal system. The customer can view and print the order data immediately after completion of the ordering and payment process in the store in the order confirmation. The customer also receives all relevant data of the order together with the GTC and the cancellation policy. The GTC can be viewed and printed at any time in the store. By registering as a customer in the store, the customer has consented to his completed orders being displayed in the order history for the duration of the existence of the customer account.
3.5 The sale of products in the store is only for private use in commercial quantities.

4. right of withdrawal

4.1 Consumers have a fourteen-day right of withdrawal.
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Right of withdrawal

You have the right to cancel 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 goods.
To exercise your right of withdrawal, you must inform us (Schildkröt-Puppen u. Spielwaren GmbH, Reitgasse 10, D-96528 Rauenstein, kontakt@schildkroet.de, Fax: +49 (0) 36766-800 57) 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. For this purpose, you may use the enclosed sample revocation form, which, however, 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.
Consequences of the revocation

If you revoke this contract, we shall reimburse you the purchase price we have received from you (with the exception of delivery costs and 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 at the latest 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
 
You will 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 testing the condition, properties and functioning of the goods.

Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back.

4.2 The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is relevant or which are clearly tailored to the personal needs of the customer (eg embroidery of doll bodies, individually assembled wish doll).

5 Prices and payment
5.1 All prices in the store are in Euro and include the applicable sales tax and packaging and/or shipping costs.

5.2 The customer has the choice of the payment methods displayed at the conclusion of the ordering process, namely payment in advance, credit card, Paypal or Klarna.

5.3 If payment is made by credit card, the credit card will be charged at the time the order is completed.

5.4 If the customer selects payment in advance, the bank details of Schildkröt-Puppen u. Spielwaren GmbH shall be stated in the confirmation of receipt. The invoice amount is to be transferred to the specified account within 10 days.

5.5 In case of payment of the invoice amount via Klarna, the customer will be redirected to the website of the provider Klarna after completion of the order process, where he can make the transfer by entering his account details and using the Tan procedure.

5.6 If you wish to pay the invoice amount via the online provider PayPal, you must be registered there or register first. After completing the ordering process, you will be redirected to the PayPal website, where you can make the payment by entering your information.ancellation policy

5.7 Payments can also be made (in part) by vouchers. These are vouchers that cannot be purchased, but are issued as part of promotional campaigns with a certain validity period and can only be used once. Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. The credit balance of a voucher is neither paid out in cash nor does it earn interest.  If the credit of a voucher is not sufficient for the order, the difference can be compensated with the offered payment options. In case of cancellation of a concluded purchase contract by the customer, Schildkröt-Puppen u. Spielwaren GmbH will issue a new voucher to the customer upon reversal of the transaction, which corresponds to the redeemed voucher in terms of value and other conditions of redemption. If only a part of the purchase price was paid by such a voucher, Schildkröt-Puppen u. Spielwaren GmbH shall refund the additional payment made by the customer in full using the same means of payment that the customer used for the original transaction.

6. shipping and shipping costs
6.1 Delivery is made to the delivery address specified by the customer during the ordering process within Germany by DHL. Delivery times are shown in the store and can be taken from the respective product description.

6.2 The flat rate for delivery within Germany is 5.00 €. For an order value of 50.00 € or more, delivery is free of charge.

6.3 The flat shipping rate for deliveries to Austria is 10.00 €. To all other EU member states, the shipping costs are a flat rate of € 13.00.

6.4 If, for technical or logistical reasons, a shipment is made in several stages, the shipping costs will be charged only once.

6.5 Any delay in delivery will be communicated to the customer as soon as possible.

7 Warranty and guarantee
7.1 The warranty is in accordance with the statutory provisions.

7.2 Manufacturer's warranty
In addition to the statutory warranty claims, Schildkröt-Puppen u. Spielwaren GmbH grants the customer a manufacturer's warranty. Claims under this separate manufacturer's warranty are only valid under the following conditions:

- Schildkröt-Puppen u. Spielwaren GmbH guarantees freedom from material and manufacturing defects for 2 years from the date of purchase.
- Excluded from the warranty are wear parts, damage due to improper handling/use or in the case of third-party intervention. Wearing parts are those parts which have to be replaced several times during their intended use within the lifetime of the contractual goods.
- The customer must treat the toy in accordance with the operating instructions and use it as intended.
- The damage/malfunction must not be due to force majeure or operational wear and tear.
- If manufacturing or material defects occur in the contractual goods during the warranty period, Schildkröt-Puppen u. Spielwaren GmbH has the choice of repairing these parts or replacing them with defect-free parts.
- The repair may only be carried out by Schildkröt-Puppen u. Spielwaren GmbH.
- Excluded from the warranty are transport, packaging and travel costs as well as damages for which the customer is responsible. These are to be borne by the customer.
- Warranty claims can only be made by the first purchaser of the Schildkröt product.
The liability of Schildkröt-Puppen u. Spielwaren GmbH under the statutory liability for defects shall not be limited by the above warranty.

7.3 In case of defective goods, please contact the Schildkröt customer service under the store hotline : +49 (0) 36766-800 40 from Monday to Thursday (weekdays) from 8-16 and Friday 8-12 (weekdays) or send the goods to Schildkröt-Puppen u. Spielwaren GmbH, Reitgasse 10, D-96528 Rauenstein.

8. reservation of proprietary rights
The delivered product remains the property of Schildkröt-Puppen u. Spielwaren GmbH until full payment has been received. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Schildkröt-Puppen u. Spielwaren GmbH.

9. data protection
Schildkröt-Puppen u. Spielwaren GmbH respects and protects the personal data of the customer. His data will be used exclusively within the framework of the legal regulations. For further details please refer to the privacy policy.

10 Out-of-court dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. Consumers this gives the opportunity to resolve disputes in connection with your online order first without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. Please contact us directly if you have any questions or problems: kontakt@schildkroet.de.

11. final provisions
11.1 The contract is subject to the laws of the Federal Republic of Germany with the exception of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980) and international private law.

11.2 The contract language is exclusively German.

11.3 Should individual provisions be or become invalid, this shall not affect the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provision.

Status: 31.03.2016