GENERAL TERMS AND CONDITIONS

General Terms and Conditions

1. SCOPE
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, POSSIBILITIES OF CORRECTION
The contract of sale is concluded with Chiko and Smiles.

With the placement of the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. DELIVERY TERMS
Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.

5. PAYMENT
In our shop you can choose between the following payment methods:

Credit card
With your order you give us your credit card details. After your legitimation as a legitimate cardholder the payment transaction will be carried out automatically and your card will be charged.

SEPA direct debit
By submitting your order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are dispatched. The period for advance notice of the date of the account debit (so-called prenotification period) is 2 days.

Klarna PayNow Direct Debit
After a successful address and credit check during the ordering process, you issue a SEPA direct debit mandate to the online provider Klarna when placing the order. Klarna will inform you about the date of the debit (so-called prenotification). Upon submission of the direct debit mandate, Klarna will request your bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been shipped. For payment processing via Klarna - in addition to our terms and conditions - the terms and conditions and privacy policy of Klarna apply. You will receive further information in the order process.

PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Sofort by klarna
After placing the order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Giropay
After placing the order you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited.

Google Pay
In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Amazon Pay
In the ordering process you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimise yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online shop, where you can complete the ordering process. Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.

6. PROPERTY RESERVATION
The goods remain our property until full payment has been received.

7. WARRANTY AND GUARANTEES
Unless otherwise expressly agreed below, the statutory liability for defects applies.
In the case of used goods, the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, insofar as agreed or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their precise conditions can be found in each case with the product and on special information pages in the online shop.

8. LIABILITY
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the event of guarantee promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.


9. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.


AGB created with rechtstexter.de [https://legal.trustedshops.com/legalwizard].