6.1 Right of Withdrawal for Consumers; Contracting Parties; Recipient of the Withdrawal: Consumers have the right to withdraw from a purchase contract within 14 days of receiving the goods. The consumer must conclude the purchase contract with the seller who informs them of their right of withdrawal. The consumer can use the sample withdrawal form provided below if they have a right of withdrawal. However, it must be supplemented with the seller’s data provided by the seller.

 

6.2 Withdrawal Instruction for the Purchase of Goods, Right of Withdrawal: You can withdraw from this contract within fourteen days of receiving the goods without giving any reasons. The period begins on the day you or a third party named by you, who is not the carrier, take(s) possession of the goods. To exercise your right of withdrawal, you must inform us (name and address of the seller, seller’s telephone, fax, email) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

6.3 Consequences of Withdrawal: You have the right to withdraw from the contract within fourteen days. The seller will refund to you all payments received, including delivery costs, without undue delay. You must return the goods to the seller within fourteen days and bear the 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 Withdrawal Instruction

 

6.4 Exceptions to the Right of Withdrawal and Premature Expiration of the Right of Withdrawal

 

6.4.1 The right of withdrawal does not apply to the following contracts:

 

This applies to goods that are made to the consumer’s specifications or are clearly personalized.

 

6.4.2 The right of withdrawal expires prematurely for the following contracts:

 

Goods delivered sealed for health or hygiene reasons are sealed. If the seal is removed after delivery, return is not possible. Also, the delivery of sound or video recordings or computer software in sealed packaging, if the seal has been removed, is not returnable. Furthermore, goods that have been mixed with other goods after delivery cannot be returned.

 

6.4 Sample Withdrawal Form

 

If you wish to withdraw from the contract, please fill out the sample withdrawal form and send it back. Please provide the name and contact details of the seller, who is your contracting party, in the sample withdrawal form below.

 

To

 

Name and address of the seller

 

Fax:

 

Email:

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

 

_______________________________________________________

 

_______________________________________________________

 

Ordered on (*) ____________/received on (*) _______________

 

________________________________________________________

 

Name of consumer(s)

 

________________________________________________________

 

Consumer(s) address

 

________________________________________________________

 

Consumer(s) signature (only if communicated on paper)

 

Date

 

(*) Delete as appropriate

 

§ 7 Delivery Deadlines

 

7.1 Delivery will only commence once Kiddoz and the respective seller have all necessary customer information available and the agreed purchase price plus shipping costs have been paid into the seller’s specified account (e.g., PayPal account).

 

7.2 Only if the respective seller confirms in writing, the deadlines and timeframes are considered binding. Otherwise, the deadlines are non-binding.

 

7.3 Should force majeure events significantly impede or make it impossible to fulfill an obligation or duty, the affected party is entitled to postpone the fulfillment for the duration of the impediment and for a reasonable lead time. This includes labor disputes in the contracting parties’ establishments or labor disputes in third-party establishments, as well as similar circumstances that indirectly or directly affect the contracting parties.

 

§ 8 Payment Conditions, Payment Methods

 

Payment processing takes place directly between the seller and the buyer. The buyer is obligated to deposit the due amount (purchase price) into the account specified by the seller (e.g., PayPal account). The various payment methods are displayed on the website during the ordering process. If the invoice amount is not paid within 14 days after receipt of the order confirmation, Kiddoz is entitled to automatically cancel the order. After receipt of payment, within the respective delivery time (as indicated in the item description), the seller dispatches the purchased item to the buyer. Only the seller can provide information on payment and delivery status. Kiddoz invoices the seller for the commission of all orders at the end of each month. If the customer exercises their right of withdrawal, the seller is entitled to request exemption from paying the sales commission from Kiddoz.

 

§ 9 Setoff, Right of Retention

 

9.1 The customer may only set off claims against claims of the seller or Kiddoz if his counterclaims have been acknowledged, are undisputed, or have been legally established by the seller or Kiddoz.

 

9.2 The customer is only entitled to assert a right of retention if his claims are based on the same contract.

 

§ 10 Retention of Title

 

Until full payment for all goods in an order, the seller retains ownership rights to the delivered goods.

 

§ 11 Buyer’s Rights against the Seller in Case of Performance Disruptions, Warranty, and Damages

 

11.1 The customer can assert claims against the respective contractual partner if there is a performance disruption or warranty issue. The customer can only assert claims against the seller due to the concluded contract.

 

11.2 In the case of delivery delays, a claim for damages against the seller can only be made in the event of gross negligence or intent by the seller.

 

11.3 In the case of defects in the goods, the customer has statutory warranty claims against the seller, unless there is another contractual agreement. The customer’s claim for damages is limited to damages resulting from intentional or grossly negligent breaches of contract by the seller.

 

11.4 Liability for culpable injury to life, body, or health remains excluded.

 

 

12.1 The participant can terminate the contract at any time without observing a notice period. All obligations that the participant has entered into with Kiddoz and/or other participants during the term of the contract remain unaffected by the termination.

 

12.2 Outstanding sales commissions must be paid immediately upon termination of the contract. Kiddoz can terminate the contract with a notice period of two weeks to the end of the month.

 

12.3 In addition, there is a right to terminate without notice for good cause, such as repeated breaches of duty.

 

12.4 Terminations must be made in text form at least.

 

12.5 If Kiddoz terminates the contract, the participant is not entitled to a new user account, not even under a different name or designation.

 

§ 13 Sanctions for Violation of Rules

 

If a participant violates his contractual obligations, the law, or good morals, Kiddoz can take various measures. These include warnings, deletion of offers or content, restriction of permissions, temporary or permanent blocking of user accounts, and termination of the contract.

 

§ 14 Liability of the Participant

 

14.1 Each participant must personally and directly assume liability for the infringement of third-party rights. He must compensate for all damages arising from the non-compliance with the terms and conditions