Terms & Conditions
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For the business relationship between Kiddybox GmbH and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Kiddybox GmbH doesn't accept any deviating conditions of the customer unless Kiddybox GmbH has expressly agreed to their validity in written form.
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Insofar as these terms and conditions contain regulations for dealings with companies, these only apply to an entrepreneur who, when concluding a legal transaction, is exercising his commercial or independent professional activity and to a legal entity under public law and a special fund under public law.
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1. Conclusion of a contract
The contractual partner for all orders is Kiddybox GmbH. The company’s registered office is in Dinslaken, registered in the commercial register at the Duisburg Local Court, B 19588. Information on prices in catalogs and internet media is subject to change and non-binding. Orders can only be placed by customers who have reached the age of 18. When purchasing via the Internet a binding offer is made by the purchaser if the information required in the ordering process has been entered and “Submit order” has been clicked. A binding offer is submitted with the order. A sales contract is only concluded when the ordered product is shipped to you.
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2. Orders
Ordering the goods does not mean that these goods can be delivered immediately. The time of delivery depends on whether the goods are in stock or have to be obtained from a wholesaler. Orders can be placed while stocks last. There is a standard-minimum order value of 80 pieces. Orders are accepted as follows:
- via E-Mail (info@kiddy-box.de)
- via online-form (www.kiddy-box.de/order)
- via telephone (+49(0) 20 64 - 603 11 88)
- via WhatsApp (+49(0) 1 51 - 67 14 21 64)
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Every order is binding. By placing an order, the customer expressly declares his consent to our terms and conditions. All prices include the applicable statutory value added tax. Unpredictable price changes are reserved at any time.
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3. Delivery
Unless otherwise agreed, delivery takes place from the Kiddybox GmbH warehouse to the delivery address specified by the customer. All offers are non-binding. This means that Kiddybox GmbH is not obliged to perform in the event of unavailability. We reserve the right to provide a service that is equivalent in quality and price. The customer must examine the goods for transport damage or other defects upon receipt. Obvious defects must be reported immediately, i.e. within one working day, after receipt of the goods. If this notification is not given, the customer loses his statutory rights.
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Complaints about transport damage (e.g. damaged packaging on receipt of the goods) must be made directly to the transport company by the customer within the deadlines provided. Kiddybox GmbH ships throughout Germany. Shipping to other European countries is possible by prior arrangement. The shipping fees are based on the tariffs of the shipping and transport company. The dispatch takes place regularly with UPS.
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4. Offsetting, retention
The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
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5. Retention of title
The goods remain the property of Kiddybox GmbH until they have been paid for in full.
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6. Liability for defects / guarantee
The statutory provisions apply with regard to the warranty. The warranty does not extend to improper storage, handling and use by the customer. As far as food is delivered, Kiddybox GmbH guarantees that these goods are properly packaged and delivered to the customer. As soon as the goods are taken over by the transport company, liability for improper storage of the goods, especially food, is transferred to the customer. Complaints about the deterioration of food cannot be made. No guarantee of quality or any other guarantee is given unless this is expressly granted in writing.
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7. Liability
Liability for negligent breach of contractual obligations by Kiddybox GmbH is excluded. This exclusion does not apply to intent or gross negligence, including those of vicarious agents. The claim for damages is limited to the contract-typical, foreseeable damage. Liability for damage caused by the delivery item to the customer’s legal interests, e.g. damage to other things is excluded. Insofar as the customer uses the delivered goods for the sale of food to end customers, he must ensure that the packaging is correct and in accordance with food law. The Kiddybox expressly does not represent food packaging in the sense of the LMBG, but is only a general transport container.
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7b. Originality / safety & liability /
differentiation of service / claim-restriction
a) Originality
The Kiddyboxes and their contents are completely descripted in that website and in our diverse commerials. All components of the Kiddybox-sets are assembled, controlled and delivered as a total package (Kiddybox´original ware). That means: all included contents (consumable and playable) are checked by the Kiddybox GmbH (and its team) for quality, hygiene, edibility, safety, health-harmlessness and moral/ethic tenability, but not for the dish, that will be added into the treasure boxes by the restaurant keeper resp. user of our sets. Therewith the Kiddybox GmbH just puts products of recognized partners into the Kiddyboxes - those products run through food- and product-safety verifications, according to the EU-rules for product verification. Any kind of defamiliarization of the original Kiddybox-set, commited by the customer, the mentioned responsibility expires for the Kiddybox GmbH. With the order of our Kiddybox products the customer fully accept these facts and he also accept his own responsibility to remain the delivered Kiddybox-sets as original compilations, assembled by the Kiddybox GmbH, itself. For being exact: The customer resp. user of the Kiddybox (set) is not entitled to exchange the contents (even parts) or put foreign items/products to our original Kiddyboxes, released and delivered by Kiddybox GmbH. We stand for the high quality standard and we always verify the partners and their products, exactly. Therewith risks for accidents or negative effects can be minimized, but they cannot be completely avoided (s. par. b) "Safety & liability").
With any commited defamiliarization (exchange or addition of foreign products) the customer resp. user of the Kiddybox (sets) violates the business agreement between him and the Kiddybox GmbH. The violator is fully responsible and liable for any foreign product addition and its caused damage on body, psyche and object. The Kiddybox GmbH gives herewith sufficient information about it and refuses any responsibility and liability for relating damages and consequences. If Kiddybox GmbH gets knowledge about such violations and caused injuries/damages, the Kiddybox GmbH reserves the right to quit the business relationship to the violator, immediately!
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b) Safety & liability
Kiddybox GmbH always cares about the choice of good quality and reduction of hazards. According to the EU-regulations for danger notices, the toys have appropriate symbols/pictograms about age rating and possible risks (for example small swallowable parts etc.). Such notices sufficiently inform parents/legal guardians about mentioned risks and about their duties to take care for their children and to be watchful whilst they are playing with the aforesaid toys. Such hazard-signs and written notices about dangers and risks are additionally printed on the bottom of each Kiddybox. These are unambiguous and legal clarifications (in english and german) which always have to be followed. The Kiddybox GmbH is not responsible/liable for any kind of damage, caused by disregards of the mentioned notices!
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c) Differentiation of service
The Kiddybox GmbH always releases Kiddybox-sets with Kiddyboxes and treasure boxes (checked card material, suitable for food), juice drink-packs, lollypops, balloons and exquisite toys. The restaurant keeper/Kiddybox-user has the responsibility for the food, which is added to the treasure box by himself, later. Although the Kiddybox GmbH checks each restaurant for its seriousness and its obvious quality, but it is not entitled or obligated to make investigations about the restaurant and to keep a watch on the restaurants properties and the pursuance of the profession. Each restaurant keeper/Kiddybox-user is fully responsible for the food, he adds into the Kiddybox, and for the kind of delivery/handing over. Furthermore each restaurant keeper fixes the price of the offered Kiddybox, on his own - the Kiddybox GmbH has no influence on any price decisions or on processes of transaction. Any prices shown in this website or any other visualization by Kiddybox GmbH is just for simulation and is not binding for any price fixments!
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d) Claim-restriction
The Kiddybox GmbH releases products as shown and described in this website and other presentations (more about this as follows in that paragraph). Solely with the display of toys the claim for fulfilment of expectations is restricted. For being exact: With the customer´s order he simultaneously accepts that all shown toys are just outtakes of the toy depot of the Kiddybox GmbH. He also accepts that he has no claim/possibility of choosing certain license products or patents. Generally the choice of the toys goes randomly. Exceptionally toys can be gender-sorted, if necessary - nevertheless the license products will be choosen, randomly. All shown toys (whether digitally or printed) are no examples for their real sizes or ammounts - they just have visualizing purposes for look and quality. The shown food here on the website (called "inspirations" here or on other presentation methods), which are put into the treasure box, is neither component of the Kiddybox (set), nor a deputizing guarantee for the food, which is added by the restaurant keeper/Kiddybox-user. As mentioned in par. b) "Safety & liability" the restaurant keeper is fully responsible for the added dishes (cooking, condition, edibility and delivery/handing over).
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8. Complaints
The customer can send complaints to the following address:
Kiddybox GmbH
Hünxer Straße 326
46537 Dinslaken
Germany
Unpaid returns will not be accepted.
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9. Data protection
In accordance with §28 BDSG (Federal Data Protection Act), we draw your attention to the fact that the data required in the course of business transactions are processed and stored using an IT system in accordance with § 33 BDSG. All personal data collected from the customer will be treated confidentially. The data collected is only passed on to third parties as part of the order processing – and only if absolutely necessary (e.g. the shipping address to the shipping company to ensure proper delivery).
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Customers can receive information about their stored data free of charge at any time. To do this, send us an email.
The customer can request at any time that
– his data are deleted, provided that all contracts with the customer have been fulfilled
– he is informed to whom the data will be passed on in a permissible manner
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9. Cookies
We use so-called cookies on our site to recognize multiple use of our offer by the same user / internet connection owner. Cookies are small text files that your internet browser downloads and stores on your computer. They serve to optimize our website and our offers. These are mostly so-called “session cookies”, which are deleted again after the end of your visit.
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However, some of these cookies provide information in order to automatically recognize you. This recognition is based on the IP address stored in the cookies. The information obtained in this way is used to optimize our offers and to give you easier access to our site.
You can prevent the installation of cookies by setting your browser accordingly; however, we would like to point out that in this case you may not be able to use all functions of our website to their full extent.
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You can prevent the installation of cookies by presets within your browser and the cookie-presets in our website. Please note that restricted or prevented cookie installations reduce your possibilities within our website. For more information about cookies look at the paragraph 3. "Cookies" within our private policy.
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10. Contact options
On our website, we offer you the opportunity to contact us by email and / or via a contact form. In this case, the information provided by the user will be stored for the purpose of processing his contact. It will not be passed on to third parties. A comparison of the data collected in this way with data that may be collected by other components of our site is also not carried out.
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11. Use of Google-Analytics and WIX-Analytics
a) Google-Analytics with anonymization-function
We use Google Analytics, a web analysis service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”, on our website. Google Analytics uses so-called “cookies”, text files that are stored on your computer and thereby enable your use of the website to be analyzed.
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The information generated by these cookies, such as the time, place and frequency of your website visit including your IP address, is transmitted to Google in the USA and stored there.
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We use Google Analytics with an IP anonymization function on our website. In this case, your IP address will already be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and thereby anonymized.
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Google will use this information to evaluate your use of our site, to compile reports on website activity for us and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google.
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According to its own information, Google will under no circumstances associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of our website to their full extent.
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Furthermore, Google offers a deactivation option for the most common browsers, which gives you more control over which data is collected and processed by Google. If you activate this option, no information about the website visit will be transmitted to Google Analytics. Activation does not prevent information from being transmitted to us or to other web analysis services that we may use. Further information on the deactivation option provided by Google as well as on the activation of this option is available via the following link: https://tools.google.com/dlpage/gaoptout?hl=de
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b) WIX, Ascend by WIX & WIX-Analytics
Our website is developed with the WIX-editor (incl. Ascend by WIX).
Provider of that modular system is Wix.com Ltd. Namal 40, 6350671 Tel Aviv, Israel. They also own and manage the server where the development and datas of our website is saved, even datas and information about visitors and the frequency of their visits, collected information with cookies and entered information by the visitor within the forms of order or contact. For a successful process and edition with incoming requests or orders, visitor/customer details are neccessary. According to the german article 6 section 1 lit. f GDPR (DSGVO) we are entitled to ask for the mentioned details and to collect and save them. The firm Kiddybox Ltd. agreed to a order-processing contract with Wix.com Ltd. So Kiddybox Ltd. is obligated (according to german article 28 of GDPR (DSGVO)) to handle all collected information/datas with responsibility. According to the terms of use by Wix.com Ltd. all saved datas/information stay at their server and won´t be passed on to other persons/institutions. These saved information can just be seen and edited by the administrators by Kiddybox Ltd., within the save administration area of the Wix-system.
All entered information/datas of visitors/customers or users of kiddy-box.de won´t be passed on to extern persons or other firms/institutions. With cookies collected visitor details are used here for computing results and statistics with WIX-analytics. These results can just be seen by the administrators of Kiddybox Ltd. The mentioned administrators can also get and see activity results and statistics via Google-Analytics (see paragraph 11. section a). The change and influence of Google Analytics (UA) to Google Analytics 4 (GA 4) is explained in "Privacy policy" par. 11 "Data protection provisions about the application and use of Google Analytics 4 (with anonymization function)".
As mentioned in paragraph 9. "Cookies", cookies and their regulated data collections are used for improving the functions and usability of this website for the visitor. Cookies are also needed to find out visitors needs and preferences, f.e. to make fitting offers. How far and exact the information will be is depending from the cookie-presets, the visitor can always change, retroactively. For more information about cookies, read the paragraph 3. "Cookies" within the private policy. Please note that restricted cookie-settings can reduce the usability and the speed of page-reloads.
Actively entered details by the visitor/customer (within forms of order or contact) are first and family name, firm, adress, phone number, e-mail adress and possibly massage contents. The mentioned information is both safely stored on the WIX-server and on the server of Kiddybox Ltd. - just visible and editable for the administration of Kiddybox Ltd. These datas stay on these servers until the moment of visitors/customers always possible revocation. According to the order of german GDPR (DSGVO) the visitor/customer can ask (for free) for the way of storing and handling of the own information/datas. The visitor/customer can always revocate the storing of his datas - saved information must Kiddybox Ltd. delete then. Revocation of storing information/datas can be done via e-mail to info@kiddy-box.de (see paragraph 12 "information/revocation/deletion"). Please note deleted visitor/customer information can slow down processing activities of requests and orders.
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12. Information / revocation / deletion
Due to the Federal Data Protection Act, you can contact us free of charge if you have any questions about the collection, processing or use of your personal data and their correction, blocking, deletion or revocation of your consent. We would like to point out that you have the right to correct incorrect data or to have personal data deleted, provided that there is no legal obligation to retain data.
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13. Offsetting / right of retention
Offsetting against the customer’s claims is only permitted if the offsetting is given in written form two weeks in advance. There is no right of retention in favor of the customer unless Kiddybox GmbH has previously been requested in writing to provide the service for which the right of retention is being exercised. There is no right of retention if the performance by Kiddybox GmbH is not due.
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14. Final provisions, applicable law
The place of jurisdiction for the assertion of claims of any kind is Oberhausen.
German law applies to the exclusion of the UN Sales Convention (CISG).
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This is a translated version of the german information about "Allgem. Geschäftsbedingungen". The german version on this website was generated with Datenschutzgenerator by Anwaltskanzlei Weiß & Parter, with exception of par. 7b "Originality/safety & liability/differentiation of service/claim-restriction" and par. 11b "Google-Analytics and WIX-Analytics".
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