Terms and Conditions
For the business relationship between the company e-nnovations GmbH, Lilienthalstrasse 21, 32052 Herdord (provider of klein-toys-Shop.de), hereinafter referred to as e-nnovations, and the purchaser, the following general terms and conditions apply in their valid at the time of order. Conflicting or deviating conditions from these Terms and Conditions are not recognized by e-nnovations. E-nnovations explicity contradicts them. Conflicting conditions of the customer are only binding, if e-nnovations agrees expressly and in writing.
2. Order and Contract
Offer prices and delivery times of e-nnovations are non-binding, unless e-nnovations has expressly designated them as binding in writing. Product details (technical data, dimensions, etc.) by e-nnovations are only approximate values; they shall, in particular, only constitute an agreement or a guarantee, if the specification is expressly characterized as such by e-nnovations in writing.
An order represents an offer t- e-nnovations to conclude a purchase contract. Upon receipt
Upon receipt of the order, the customer receives an e-mail in which of the order confirmation and the details (especially binding prices) are listed (order confirmation). This order confirmation does not constitute an acceptance of the offer. A sales contract is only concluded by the shipping of the ordered product to the customer (accompanied by a shipping confirmations e-mail) or by sending a separate confirmation e-mail.
About ordered products that are not listed in the shipping order confirmation, no purchase contract is constituted.
If e-nnovations is unable without any fault to deliver the ordered goods, because the presupplier of e-nnovations not fulfilled its contractual obligations, e-nnovations is entitled to withdraw the order. In this case the customer will be informed immediately that the ordered product is not available. The statutory rights of the customer remain unaffected.
e-nnovations does not offer products for purchase by minors. From e-nnovations offered products for children can only be purchased by adults.
e-nnovations reserves the right to sell goods in commercial quantities. The supply is limited to a maximum of two items per order and private / commercial customer.
3. Payment and Reservation of Ownership
The mentioned prices in the online shop of e-nnovations are retail prices in Euro and include the currently valid VAT in Germany. The invoice amount is due upon acceptance of the order (see paragraph 2 of these Terms and Conditions).
Depending on the invoice amount, the purchaser may pay by payment in advance (bank transfer), Paypal, sofortüberweisung or by pay cash on delivery. When paying by cash on delivery e-nnovations charges an additional processing fee of 6,00 EUR (please note that the DHL delivery agent charges an additional delivery fee of 2 EUR).
Until full payment of the invoice the goods remain property of e-nnovations.
4. Shipping and Transport Damages
Unless otherwise agreed, delivery is ex stock Herford to the delivery address indicated by the customer. Shipping within Germany is by insured DHL package or letter item. E-nnovations is entitled to carry out the delivery by other shipping companies.
If a package is damaged during the transportation by parcel services, please refuse the acceptance and let it go back through the parcel service. We will immediately dispatch the ordered items again.
5. Cancellation Terms
You have the right to cancel the contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you have taken, or a representative of you, who is not the carrier, possession of the goods.
In order to exercise your right of cancellation, you must notify
c/o e-nnovations GmbH
Tel. +49 (0) 5221 121332
Fax. +49 (0) 5221 121379
by means of a clear statement (e.g. by post mail, fax or e-mail) of your decision to withdraw from this contract. You may muse the attached model withdrawal form which is however not mandatory.
In order to observe the withdrawal period it is sufficient for you to send the message about the decision to withdraw before the withdrawal deadline.
Effects of Withdrawal
If you withdraw from this contract, we have to repay you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by us and that was more expensive than our standard delivery), immediately and latest within fourteen days from the date on which the notification about your cancellation of this contract is received by us. For this repayment we use the same method of payment that you used in the original transaction unless you explicitly agreed otherwise; in any case you will not be charged fees for such repayment. We may withhold the repayment until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly, and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, if this value loss was not due to a necessary to ascertain the nature, characteristics and functional handling of the goods.
6. Warranty and Liability
If the delivered goods are defective, the statutory provisions shall apply. The assignment of the warranty claims is excluded.
Unless otherwise agreed below, further claims of the customer (for whatever legal reason) are excluded. E-nnovations is not liable for damages that are not caused to the item itself; including for lost profits or other financial damages of the purchaser. As far as the contractual liability of e-nnovations is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability does not apply if the damage is caused by intent or gross negligence or if a personal injury is present. If e-nnovations negligently violated a contractual obligation, the obligation to pay damages is limited to the contract-typical foreseeable damage that does normally not exceed the purchase price of the ordered goods.
If the remedy is accomplished by way of replacement, the customer is obliged to return the original goods with 30 days to e-nnovations at the expenses of e-nnovations. The return of the defective goods must be made in accordance with statutory regulations.
7. Privace Policy
8. Applicable Law and Place of Jurisdiction
To the extent permitted (e.g. among merchants) the choice of jurisdiction for all legal disputed between e-nnovations and the purchaser is 32052 Herford / Germany. The contract is subject to German law under exclusion of international private law and the UN Sales Convention.
9. Final Determination
Should one or more provisions of these Terms be invalid, this shall not affect the validity oft he entire contact. The ineffective provision shall be replaced with the relevant statutory provision.
Herford, Feb 2017