Terms of service
General terms of payment and delivery between sigikid and consumers
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 online shop.
2. Offer and conclusion of agreement
2.1
By placing your order in the sigikid 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
You may cancel your order within 14 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.
Unless otherwise agreed by both parties, the right to cancel does not apply to the following contracts: contracts for the delivery of goods that have not been ready-made and for the production of which an individual selection or instruction was given by the consumer, or custom-tailored goods.
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, Phone +49 (0)9201 70-160, 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.
We recommend to complete and to transfer electronically the sample cancellation form or another clearly worded statement of your intent to cancel your order via our website (e.g. for returning goods from within Germany free of charge use our returning form www.sigikid.de/en/return.) 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
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 return goods to us from Germany and if you use our sigikid.de/en/return online form for requesting a return label.
For returns from abroad, the customer has to bear the direct costs of the return.
You must bear the costs of any loss in value to the goods if the loss in value is the result of improper actions on your part with respect to examining the condition, characteristics and functionality of the goods.
End of the terms and conditions of cancellation/returns
3.3
Note:
Customers returning goods to us from within Germany may request a return label on our website at www.sigikid.de/en/return. Having registered their return, customers can print out a return label and return form.
4. Prices
4.1
All prices are stated in euros (€) and include VAT.
4.2
Shipping within Germany and shipping to Austria costs € 3,95 each per order and per delivery address. From 75 € purchase delivery within Germany or to Austria is free.
For orders from abroad we charge the following shipping costs:
For orders with delivery to Belgium, Luxemburg, The Netherlands, Poland and the Czech Republic we charge € 7.00 for shipment.
For orders with delivery to Denmark, Finland, France, Sweden we charge € 8,50 for shipment.
For orders with delivery to Greece, Ireland, Italy, Portugal, Spain, Croatia, Slovenia and Slovakia we charge € 9,80 for shipment.
For orders with delivery to Bulgaria, Estonia, Latvia, Lithuania, Rumania and Hungary we charge € 9,90 for shipment.
Shipping costs may be higher for shipment to European islands such as the Azores, Canary Islands etc. or to European overseas dependencies. In this case we will inform you prior to dispatch of your order.
5. Delivery/Partial performance
5.1
Deliveries are possible in the following countries: Germany, Austria, Luxembourg, Belgium, Danmark, France (oversea départements excluded), Spain, Poland, Portugal, Great Britain and Sweden.
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 by Credit Card, PayPal, Amazon Pay, Instant Transfer (Klarna), Cash in advance or Payment on account.
Additional terms and conditions (GTC) for purchase on account via payolution GmbH:
General
6.1.
We offer the payment method "purchase on account" for our customers. This involves an assignment of receivables to Bank Frick & Co. AG (hereinafter referred to as the "Bank").
6.2.
The purchase on account is only available to consumers over the age of 18. With this service, you can purchase goods via the Internet and do not have to pay for them until you have actually received the goods and the invoice.
6.3.
The purchase contract for the goods is concluded exclusively between you and us. The handling of the purchase contract is also determined by the agreements you make with us. In particular, we remain responsible for general customer enquiries (e.g. about goods, delivery time, dispatch), returns, complaints, warranty claims, any contract cancellations and credit notes. If you choose to purchase on account, these terms and conditions apply in addition to those agreements and the general terms and conditions that you agree with us as part of the purchase contract.
6.4.
We will assign our claim for payment of the purchase price against you to the bank in order to process a purchase on account. You are hereby informed of this assignment of claim. All payments must be made exclusively to the bank to the account made known to you for this purpose in order to discharge the debt. The goods shall remain the property of the Bank until payment has been made in full.
6.5.
payolution GmbH (www.payolution.com) acts for us as a technical service provider and service provider for checking your creditworthiness in the case of a purchase on account.
Consequences of late payments
6.6.
Late payments for purchase on account are subject to interest on arrears in the agreed amount as well as costs for appropriate reminders. If the internal dunning procedure is not successful, the bank may hand over the outstanding debt to a collection agency for collection. In this case, you may incur costs for legal action by collection agencies and, if necessary, for legal representation.
6.7.
Should any provision of these additional GTC be invalid, this shall not affect the validity of the other provisions of these GTC.
7. Delivery period
7.1
It takes 1-3 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
Commercial register Bayreuth, HRA 2603
General directors: Axel Gottstein, Mirko Plumhoff
General Partner:
Fa. sibego Spiel- u. Textilwaren Verwaltungs-GmbH
Am Wolfsgarten 8
95511 Mistelbach, Germany
Company Register Bayreuth, No.: HRB 2262
Tel. +49 9201 70-160
Fax. +49(0)9201-70-20
E-mail: kundenservice@sigikid.de
VAT registration number: DE 167814647