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General Business Terms of KIKRAM (Child's Play)

Instructions for cancellation according to section 355 paragraph 2 (German citizens book of rights)

Rights of Cancellation
The terms of purchase can be cancelled through written contact (for example: letter or e-mail) or through the return of ordered goods – a statement of reasons is not necessary. The period stipulated for cancellation is 14 days starting on arrival of the purchase at the given address of the purchaser, earliest on the reception of the above instructions. The terms of cancellation are met by a return of goods or written revocation within the stipulated period of 14 days.

The cancellation should be addressed to:
KIKRAM (Child's Play)
Sigrid Franz, Irina Stäblein
Wiedfeldstrasse 24
31008 Elze
Germany

Consequences of cancellation
For the completion of an effective cancellation the services (for example payment or goods) of both parties should be returned and in the case of usage of articles a suitable compensation made available . If the received articles cannot be returned or only in part or in a deteriorated state, then according to the situation a reimbursement fitting to the value of goods must be paid. If the deterioration is due solely to testing the articles – as for example an article might be tested at a retailer's premises – subsequent reimbursement is, in such a case, unnecessary. Otherwise the compulsory reimbursement of the value of purchase(s) can be avoided, in that the above item is not treated like a personal possession and the purchaser refrains from any usage or treatment which could possibly deter from the value of the aforesaid article.
Items which are not too fragile for packet post should be returned by a postal service. If the delivered item corresponds with the ordered item and the delivered item is not more expensive than 40 euros or, in the case of a more highly priced item for which the purchaser has not yet paid or begun contractually agreed instalment payments, the customer must meet the costs of the return by post. If the situation is not as aforesaid, the return by post is free. Items which are not suitable for sending by post will be collected at the customer's address. The obligation to reimburse costs must be fulfilled within 30 days of sending the cancellation.

Exceptions
Taken that the situation is in agreement to the following, the right of cancellation does not exist in the contracts listed below:
1. Regarding the delivery of goods, which were specifically constructed for the customer, or designed particularly for the personal needs of that customer or goods which due to their nature are not suitable to be returned or goods that spoil quickly or have an expiry date.
2. Regarding the delivery of audio or video recordings or of software of which the seal of the delivered data-carrier has been broken by the customer.

End of Cancellation Instructions

§ 1 General Validity

The general business terms control the contractual relationship between Kikram (Child's Play) and the right and lawful persons, who use the Kikram internet assortment(in the following text referred to as the customer). The general business terms refer to the usage of the Website kikram.de (Germany) including all the sub-domains belonging to this domain. Rules departing from the above are only valid if the customer and Kikram have a written agreement or if the general business terms specifically refer to this particular departure.

§ 2 Completion of Contract

(1) The customer is invited but not committed to order from the Kikram internet assortment.
(2) By ordering the desired item in internet the customer enters a binding agreement to complete a contract of purchase.
(3) Kikram has the right to enter into this agreement within one day of confirming the order. The confirmation of order will be imparted by e-mail. If the above mentioned time of notice has concluded without commitment from the customer, then the agreement must be considered invalid.

§ 3 Payment, Settlement, Delay of Payment

(1) The payment of purchases is executed by prepayment or cash on delivery, also by credit card or direct debit from the customer's bank. Cash on delivery payment is only possible within Germany. In individual cases Kikram maintains the right to accept or reject particular methods of payment.
(2) Prepayment commits the customer to meet the price of the purchase immediately after completion of contract. By payment through cash on delivery the customer is committed to pay as soon as the goods are delivered. In the case of an arrangement to pay on reception of an invoice, the customer is committed to pay the required sum within 14 days of receiving the ordered items. Regarding direct debit, the required sum will be withdrawn within one week after the completion of contract. With a credit card payment, withdrawal of monies will take effect after the goods have been posted to the customer.
(3) Should the customer find himself in arrears he should be in a position to answer for any negligence. He is further liable for accidents as a result of this negligence, unless the damage would have also occurred with payment in due time.
(4) In the case of arrears by the customer, Kikram has the right to charge interest. The interest rate of arrears amounts to five percent points above the basic rate of interest for the year.
(5) The assertion of further damage is to be considered possible.

§ 4 Delivery

(1) Delivery is completed through sending the purchase to the address given by the customer.
(2) The delivery takes place in return for the publicized post and packing costs. Costs for deliveries abroad, unless otherwise regulated and publicized, will be calculated according to weight. If the purchaser wishes a special method of post and packaging, which involves more expense, then he (the purchaser) has responsibility for these extra costs.

§ 5 Reservation of Proprietary Rights

Until payment is completed the purchase remains in the ownership of Kikram. A deposit must be paid before the transfer of property. Transfer will be safeguarded. Usage or alteration without the expressive permission of Kikram is not allowed.

§ 6 Prices

(1) Each price given for the purchase is to be understood as the complete price including any possibly arising value added tax or other price components. The price does not include the cost of sending, packing and delivery.
(2) When the Kikram internet pages are up-dated previous prices and other details become invalid.
(3) Definitive for the invoice is the price of article at the time of the purchaser's order.

§ 7 Right of Withdrawal

(1) If the customer is not as credit worthy as claimed or objective doubts regarding the client's ability to pay for ordered goods arise, this would give Kikram the right to withdraw from a contract, including an already begun delivery or service. An example for this would be a bankruptcy trial regarding the means of the customer or the rejection of such a trial due to lack of funds. Before the withdrawal occurs, the customer is given the possibility of prepayment or to produce a valid security.
(2) In the case of a part-withdrawal, the already completed services are to be invoiced and paid for according to the contract, despite possible claims for compensation.

§ 8 Guarantee

(1) Kikram ensures that the article is in perfect condition on delivery. If within six months of delivery the article is defective, it will be assumed that the aforesaid article was already damaged on delivery, unless this supposition is in compatible with the type of purchase or the kind of damage it has suffered. If the deterioration is first apparent after six months, the purchaser is required to prove that the article was already defective on delivery.
(2) If the purchase is defective on arrival the purchaser has the right of a choice between the correction of the defect or the exchange of the defective article for an article in perfect condition. Kikram is allowed to refuse to fulfil the request of the customer if this request is impossible to fulfil or involves costs which are out of proportion to the price of the article. In this case the claims of the customer must be reduced to the second method of providing customer satisfaction: this does not affect the right to refuse this method of satisfaction provision if the aforementioned reasons also apply in this case.
(3) If, in order to provide customer satisfaction, a perfect article is delivered, Kikram has the right to request the return of the defective article.
(4) Customer's claims regarding defects in ordered articles are invalid after 2 years; within 1 year regarding used articles.
(5) Damage caused by the customer's unsuitable or non-contractual treatment of the article whether caused by displaying, connecting, operating or storing, cannot be met by compensation from Kikram. The instructions of the manufacturer state bindingly exactly what an unsuitable or non-contractual treatment might be.

§ 9 Damage during Transport

If goods are delivered to the customer with obvious damage to packaging or contents, a complaint must be made to the freight transporter. Goods in such a condition should not be accepted. Immediately afterwards contact (by e-mail, fax or post) should be made to Kikram. This does not affect the lawful statute of limitation.

§ 10 Limitations of Liability

(1) For other than damage arising through injured life, body and health Kikram can only accept responsibility, in so far as these damages occur through deliberate or culpably liable behaviour by Kikram or that Kikram (and its assistants) is proven to be guilty of perpetuating injury of the conditions of contract. Responsibility over and above this leading to compensation is not possible. Claims from a Kikram guarantee regarding the construction of the purchase and the liability laws for products are not affected by this.
(2) Based on the current state of technology, the communication of faultless and ever available data through the internet cannot be provided. Thus responsibility cannot be accepted for the permanent availability of our internet shop.

§ 11 Data Protection

All personal data needed for the fulfilment of the contract will be computer memorised (and saved in a legible form) and confidentially treated. Necessary details, such as names and addresses, will be given to the haulage company dealing with the delivery of the order.

§ 12 Court Jurisdiction

All disputes relating to this jurisdiction are subject to the law of the republic of Germany. The UN laws of purchase do not apply. If the customer has no general domestic court jurisdiction, then the court of justice where the business Kikram is based has the responsibility thereof, unless a court jurisdiction is called into being specifically relating to the above dispute.

§ 13 Saving Proviso

Should one of the regulations of these general business terms be invalid or non-viable, the remaining regulations remain nonetheless legal and viable.