1.1 What these terms cover. The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Toddlekind GmbH). Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 - Information About Us And How To Contact Us
2.1 Who we are. We are Toddlekind GmbH a company registered Germany. Our company registration number is 96502 and our registered office is at Rodenbacher Strasse 3A, 63579, Freigericht, Germany.
2.2 How to contact us. You can contact us by email at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 - Our Contract With You
3.1 How we will accept your order. By clicking the "Complete order” button to submit the order, you declare acceptance of the order in a legally binding way. We will confirm the order in writing as soon as you have completed an order.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4 - Choice of law, place of fulfilment, jurisdiction
4.1 US law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
4.2 If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in the USA, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
4.3 The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
5 - Our Products
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance. If you wish to double check any product sizes prior to purchase, please email us at email@example.com
5.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
6 - Liability
6.1 We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
6.2 If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
6.3 When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence. All further claims for damages are excluded.
6.4 The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error‐free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
7 - Providing The Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website except when we may require you to contact us for a delivery quotation.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
7.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. As per our Delivery Policy, we may need certain information from you so that we can supply the products to you, for example, your personal details and full correct delivery address including country of destination
7.9 Lost packages. In the unlikely event that your package is lost, an investigation must be undertaken by our courier. Please allow up to 60 days for this to be completed. Refunds or replacements can only be offered after this period.
8 - How We May Use Your Personal Information
8.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
8.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
9 - Complaints Procedure - Alternative dispute resolution:
We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Cookies are small text files that websites send to your computer. A cookie can be thought of as an Internet user's identification card. They let the website know when the user has returned. This lets the site bring up information relevant to that user, for example your name, past orders etc.
Cookies are not computer programs, and can't read other information saved on your hard drive. They cannot be used to disseminate viruses, or get a user's email address etc. They only contain and transfer to the website as much information as the users themselves have disclosed to that website. It is possible to opt out of cookies via your browser’s cookie settings, but if you do this you will not be able to shop from the Toddlekind website as the functions of the website are dependent on cookies. Please note that cookies are computer specific, so if you log on to any site from a different computer, the cookie settings on that computer will apply.
For further information about managing and disabling cookies on your computer see www.allaboutcookies.org/manage-cookies.
When you visit our sites, cookies are either served directly by us, or by our business partners. Here is a description of the different kind of cookies we use.
9.2 Essential cookies These cookies allow you to use the basic functionality of our website. For example, browsing our products, ordering and paying for items, checking your account information and viewing your order history.
9.3 Performance cookies They allow us to get to know how you use our website. They are used to analyse visitor information such as usage, visitor numbers and help us see how effective our advertising is and to understand what you like. We also use this information to help improve our website, make our marketing more relevant and improve the user experience.
9.4 Functionality cookies They allow us to provide additional functionalities to the website, and will retain some settings information. Whilst not essential for the functionality of our site, they do enable extra features that should improve your shopping experience.
9.6 Google Analytics and App´s we use in our store.
10 - Warranty Toddlekind Playmats come with a one year manufacturer’s warranty from the point of sale. This warranty covers defects in manufacturing discovered while using the product as recommended by the manufacturer. Each playmat is marked with a batch number on the underside or on the label insert which you must quote at the time of the claim. The warranty does not cover normal wear and tear, stains or damage, including that caused by:
• Misuse - such as placing a heavy object on the mat for a long time or using it outside or for messy play.
• Abuse and negligence – such as being damaged by cleaning with a rough surface or through suction such as a strong vacuum cleaner, or being cleaned with chemicals such as bleach etc. Toddlekind and the manufacturer also cannot take responsibility if damage is caused through improper care such as wearing heels on the mat, washing the mat with excessive water or using it outside.
• Making a claim –To make a claim, the purchaser should email firstname.lastname@example.org with proof of purchase and details of what the problem is, including photos and the batch ID. The purchaser must contact Toddlekind within 30 days of the problem arising. In the first 6 months a full refund or exchange will be applied, in the second 6 months a 50% refund will be applied. Shipping and transportation fees will not be refunded.