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Online shop for Kidwood climbing frames and accessories


Online shop
1. Scope
These general terms and conditions apply to all orders that you place in the online shop of the Kidwood brand (hereinafter referred to as seller).

2. Products
General terms and conditions apply to all products in the seller's online shop (hereinafter referred to as products). The seller can adjust the offer and the prices at any time.

3. Conclusion of contract
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
By clicking the button "Order now with obligation to pay" you submit a binding purchase offer.
After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt.
A contract of sale for the goods is only concluded when payment is received.
4. Prices
The prices are gross prices.
5. Terms of Payment
The invoice will only be sent by email.
Payment options are: bank transfer, credit card or PayPal. No cash settlement is possible.
With the payment, the buyer accepts the General Terms and Conditions (GTC).
The transfer should be made to the following bank account:

Bench N26

Name: Kidwood
IBAN: DE78 1001 1001 2622 9340 88

Please quote the order number as payment reference. 
6. Shipping
The goods will be shipped after receipt of payment. The buyer will be notified by email when the goods are shipped.
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide
7. Warranty
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of sales law.
8. If you are a consumer within the meaning of § 1 KSchG, the limitation period for warranty claims for used items - in deviation from the statutory provisions - is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
In addition, the statutory provisions apply to the warranty.
If you are an entrepreneur within the meaning of § 1 UGB, the legal provisions apply with the following modifications:
-  Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
-  You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
-  In the event of defects, we provide a warranty, at our discretion, through repair or replacement (subsequent performance). In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
-  If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
-  The warranty period is one year from delivery of the goods.
9. Cancellation policy
In the event that you are a consumer within the meaning of § 1 KSchG, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
right of withdrawal
-  You have the right to withdraw from this contract within fourteen days without giving any reason.
-  The cancellation 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.
-  In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
-  To meet the cancellation deadline, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
-  If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract has been received. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
-  We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
-  You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
-  You will bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of revocation
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), in the case of delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery or in the case of delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after of delivery has been removed.
Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
Please email us at to announce the return. In this way, you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in the above paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.
10. Liability
Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
11. Damage in transit
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
12. Final Provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions.
Austrian law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
The place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Vienna, Austria.

AGB: Text
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