Because of strong demand we have to inform you that construction sets will be not be delivered until May 15th.
Conditions of Use
TikTakToo Kindergartenzentrale GmbH
Our TikTakToo Kindergartenzentrale GmbH can be reached at the following address:
TikTakToo Kindergartenzentrale GmbH, Kraaser Straße 3 a, 17219 Rockow, Fax: 039954-258822, Tel. 039954-25880 E-Mail: info(at)tiktaktoo.de Geschäftsführer: Kurt Ewald-Erler und Franka Ewald, eingetragen beim Amtsgericht Neubrandenburg HRB 6675
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General Terms and Conditions - Online Shop Version: June 2014 | Version 2.03 1 General Provisions / Validity 1.1.
Via the online store at the URL http://www.tiktaktoo.de/, the
TikTakToo KinderGartenZentrale GmbH
Kraaser Straße 3 a
17219 Rockow / Deutschland
Tel.: 49 (0) 39954 - 2588 - 0
Fax: 49 (0) 39954 - 258822
E-Mail: info(at)tiktaktoo.de
Managing directors: Ms. Franka Ewald and Mr. Kurt Ewald-Erler
Commercial register: Local court Neubrandenburg, HRB 6675
VAT ID no: DE 253484055
Goods from the area of toys, play equipment, playground equipment as well as household and hardware goods.
1.2.
These GTC apply to all contracts between TikTakToo KinderGartenZentrale GmbH (hereinafter: TIKTAKTOO) and the customer that are concluded via the online store.
1.3.
Customers of TIKTAKTOO can be both consumers and entrepreneurs.
1.3.1
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.3.2
An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction.
2. conclusion of the contract / contract language
2.1.
The products and/or services listed in the TIKTAKTOO online store do not constitute binding offers for TIKTAKTOO; rather, they are an invitation to the customer to submit a binding offer by placing an order.
2.2.
The customer has the option of selecting products within the online store and ordering them. Before submitting an order, the customer is given the opportunity to check the order data and correct any input errors.
2.3.
By sending the order from the virtual "shopping cart", the customer places a binding order for the items contained therein. TIKTAKTOO will immediately confirm receipt of this order to the customer in text form by e-mail.
2.4.
The purchase contract is concluded with the express acceptance of the order by TIKTAKTOO. In this respect, TIKTAKTOO is entitled to accept the customer's contractual offer within three working days of receipt of the order.
2.5.
The contract language is German.
3. storage of the contract text
The text of the contract remains stored for the purpose of processing the purchase after conclusion of the contract; it can be retrieved by the customer again on the website of the online store using the customer's details. TIKTAKTOO will send the customer an access and order confirmation by e-mail with further information on the purchase process. The website with the relevant contractual information can be printed out during the ordering process using the browser's print function. In addition, TIKTAKTOO shall provide the customer with the necessary contractual information in text form.
4 Prices; terms of payment
4.1.
The amounts quoted as purchase prices are without exception final prices and include all price components including any applicable VAT. In individual cases, however, taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may be incurred in the case of cross-border deliveries and must be paid by the customer.
4.2.
Unless expressly agreed otherwise between TIKTAKTOO and the customer, the purchase prices do not include freight, postage and insurance. Additional delivery and shipping costs are therefore incurred for shipping; the amount of the additional delivery and shipping costs is based on the information provided in the online store.
4.3.
TIKTAKTOO shall inform the customer in the online store of the specific payment options available. The customer selects the preferred payment method independently from the available payment methods.
4.4.
If TIKTAKTOO agrees advance payment with the customer, the customer undertakes to pay the (total) amount without deduction no later than ten days after receipt of the request for payment. If the deadline expires without payment, the customer shall be in default of payment without further explanation. In the case of cash on delivery, payment of the purchase price plus any delivery and shipping costs incurred shall be made at the time of delivery to the transport company carrying out the shipment.
4.5.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5 Delivery and shipping conditions; transfer of risk
5.1.
Unless otherwise agreed with the customer, TIKTAKTOO shall deliver the purchased items to the delivery address provided by the customer.
5.2.
Collection by the customer is only possible after prior agreement with TIKTAKTOO and in the case of cash payment.
5.3.
TIKTAKTOO shall dispatch the purchased items - unless a shorter or longer delivery period is expressly stated - within one working day of receipt of payment if advance payment has been agreed between TIKTAKTOO and the customer. TIKTAKTOO shall dispatch the purchased items - unless a shorter or longer delivery period is expressly stated - within one working day of the conclusion of the contract if delivery of the goods by cash on delivery has been agreed.
5.4.1.
TIKTAKTOO points out that the risk of accidental loss and accidental deterioration of the goods sold passes to entrepreneurs when the goods are handed over to them or to a person authorized to receive them, whereas in the case of sale by dispatch the risk passes when the goods are delivered to a suitable carrier.
5.4.2.
In the case of contracts with consumers, the risk of accidental loss and accidental deterioration of the goods sold is only transferred to the consumer when the goods are handed over to the consumer; this also applies to sales shipment.
5.4.3.
The risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer if the customer is in default of acceptance.
6. right of withdrawal and consequences
Cancellation policy
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (TikTakToo KinderGartenZentrale GmbH, Kraaser Straße 3 a, 17219 Rockow, Deutschland, Tel: 49 (0) 39954 25 88 0, Fax: 49 (0) 39954 25 88 22, E-Mail: info@tiktaktoo.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
Cancellation form
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us (TikTakToo KinderGartenZentrale GmbH, Kraaser Straße 3, 17219 Rockow, Germany) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7 Retention of title
TIKTAKTOO retains title to the goods until full payment has been made by the customer.
8. rights in the event of defects in the goods (warranty)
Inquiries and/or complaints of any kind must be addressed to TIKTAKTOO using the contact details given above.
8.1 If the purchased item is defective, the customer shall be entitled to subsequent performance in accordance with §§ 437 No. 1, 439 BGB if and insofar as the requirements of the statutory provisions on rights in the event of defects are met.
8.2.1 In this respect, consumers have the choice of whether subsequent performance is to take the form of rectification or replacement delivery. However, TIKTAKTOO remains entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer.
8.2.2 TIKTAKTOO shall initially provide a warranty to entrepreneurs for defects in the goods at its own discretion by repair or replacement.
8.2.3 The rights of the Buyer in the event of defects as defined in § 437 No. 2 and 3 BGB remain unaffected by the provisions of Clauses 8.2.1 to 8.2.2 inclusive of these GTC.
8.3 The limitation period for defects in new goods is two years from delivery of the goods for the rights of a consumer and one year from delivery of the goods for the rights of an entrepreneur. If a used item is purchased by a consumer, his warranty claims expire one year after delivery of the goods to him. If a used item is purchased by an entrepreneur, there are no warranty claims. These periods of limitation shall not apply if TIKTAKTOO is liable in accordance with clause 9. of these GTC or if it concerns the right in rem of a third party on the basis of which the surrender of the delivery item can be demanded.
8.4 The rights of recourse of entrepreneurs set out in Sections 478, 479 BGB remain unaffected by the provisions of Clauses 8.1. to 8.3. of these GTC.
8.5 Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods using the above contact details; otherwise the assertion of the warranty claim is excluded. Timely dispatch of the notification of defects shall suffice to meet the deadline.
9 Liability provisions
9.1.
TIKTAKTOO shall be liable without limitation in accordance with the statutory provisions for damages arising from injury to life, limb or health which are based on an intentional or negligent breach of duty and for other damages which are based on an intentional or grossly negligent breach of duty and fraudulent intent. In addition, TIKTAKTOO shall be liable without limitation for damages which are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, and in the event of the assumption of guarantees.
9.2.
TIKTAKTOO shall be liable for such damages which are not covered by clause 9.1. and which are caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligations). However, TIKTAKTOO's liability shall be limited to the foreseeable damage typical of the contract.
9.3.
TIKTAKTOO shall only be liable to consumers in the event of slightly negligent breaches of such contractual obligations that are not covered by clause 9.1. or clause 9.2. (so-called non-essential contractual obligations) in the event of foreseeable damage typical of the contract.
9.4.
Any further liability is excluded.
10. final provisions
10.1.
Applicable law is the law of the Federal Republic of Germany.
10.2.
The choice of law according to clause 10.1. applies to consumers who do not conclude the contract for professional or commercial purposes only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.3.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.4.
The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TIKTAKTOO, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. If a customer as an entrepreneur has no general place of jurisdiction in Germany or if the domicile or habitual residence of the entrepreneur is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is also the registered office of TIKTAKTOO. This does not affect TIKTAKTOO's right to appeal to the court at another statutory place of jurisdiction.
11. online dispute resolution
Online dispute resolution pursuant to Art. 14 para. 1 Odr-Vo: the European Commission provides a platform for online dispute resolution (os), which you can find at http://ec.europa.eu/consumers/odr/.
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Our TikTakToo Kindergartenzentrale GmbH can be reached at the following address:
TikTakToo Kindergartenzentrale GmbH, Kraaser Straße 3 a, 17219 Rockow, Fax: 039954-258822, Tel. 039954-25880 E-Mail: info(at)tiktaktoo.de Geschäftsführer: Kurt Ewald-Erler und Franka Ewald, eingetragen beim Amtsgericht Neubrandenburg HRB 6675
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General Terms and Conditions - Online Shop Version: June 2014 | Version 2.03 1 General Provisions / Validity 1.1.
Via the online store at the URL http://www.tiktaktoo.de/, the
TikTakToo KinderGartenZentrale GmbH
Kraaser Straße 3 a
17219 Rockow / Deutschland
Tel.: 49 (0) 39954 - 2588 - 0
Fax: 49 (0) 39954 - 258822
E-Mail: info(at)tiktaktoo.de
Managing directors: Ms. Franka Ewald and Mr. Kurt Ewald-Erler
Commercial register: Local court Neubrandenburg, HRB 6675
VAT ID no: DE 253484055
Goods from the area of toys, play equipment, playground equipment as well as household and hardware goods.
1.2.
These GTC apply to all contracts between TikTakToo KinderGartenZentrale GmbH (hereinafter: TIKTAKTOO) and the customer that are concluded via the online store.
1.3.
Customers of TIKTAKTOO can be both consumers and entrepreneurs.
1.3.1
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.3.2
An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction.
2. conclusion of the contract / contract language
2.1.
The products and/or services listed in the TIKTAKTOO online store do not constitute binding offers for TIKTAKTOO; rather, they are an invitation to the customer to submit a binding offer by placing an order.
2.2.
The customer has the option of selecting products within the online store and ordering them. Before submitting an order, the customer is given the opportunity to check the order data and correct any input errors.
2.3.
By sending the order from the virtual "shopping cart", the customer places a binding order for the items contained therein. TIKTAKTOO will immediately confirm receipt of this order to the customer in text form by e-mail.
2.4.
The purchase contract is concluded with the express acceptance of the order by TIKTAKTOO. In this respect, TIKTAKTOO is entitled to accept the customer's contractual offer within three working days of receipt of the order.
2.5.
The contract language is German.
3. storage of the contract text
The text of the contract remains stored for the purpose of processing the purchase after conclusion of the contract; it can be retrieved by the customer again on the website of the online store using the customer's details. TIKTAKTOO will send the customer an access and order confirmation by e-mail with further information on the purchase process. The website with the relevant contractual information can be printed out during the ordering process using the browser's print function. In addition, TIKTAKTOO shall provide the customer with the necessary contractual information in text form.
4 Prices; terms of payment
4.1.
The amounts quoted as purchase prices are without exception final prices and include all price components including any applicable VAT. In individual cases, however, taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may be incurred in the case of cross-border deliveries and must be paid by the customer.
4.2.
Unless expressly agreed otherwise between TIKTAKTOO and the customer, the purchase prices do not include freight, postage and insurance. Additional delivery and shipping costs are therefore incurred for shipping; the amount of the additional delivery and shipping costs is based on the information provided in the online store.
4.3.
TIKTAKTOO shall inform the customer in the online store of the specific payment options available. The customer selects the preferred payment method independently from the available payment methods.
4.4.
If TIKTAKTOO agrees advance payment with the customer, the customer undertakes to pay the (total) amount without deduction no later than ten days after receipt of the request for payment. If the deadline expires without payment, the customer shall be in default of payment without further explanation. In the case of cash on delivery, payment of the purchase price plus any delivery and shipping costs incurred shall be made at the time of delivery to the transport company carrying out the shipment.
4.5.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5 Delivery and shipping conditions; transfer of risk
5.1.
Unless otherwise agreed with the customer, TIKTAKTOO shall deliver the purchased items to the delivery address provided by the customer.
5.2.
Collection by the customer is only possible after prior agreement with TIKTAKTOO and in the case of cash payment.
5.3.
TIKTAKTOO shall dispatch the purchased items - unless a shorter or longer delivery period is expressly stated - within one working day of receipt of payment if advance payment has been agreed between TIKTAKTOO and the customer. TIKTAKTOO shall dispatch the purchased items - unless a shorter or longer delivery period is expressly stated - within one working day of the conclusion of the contract if delivery of the goods by cash on delivery has been agreed.
5.4.1.
TIKTAKTOO points out that the risk of accidental loss and accidental deterioration of the goods sold passes to entrepreneurs when the goods are handed over to them or to a person authorized to receive them, whereas in the case of sale by dispatch the risk passes when the goods are delivered to a suitable carrier.
5.4.2.
In the case of contracts with consumers, the risk of accidental loss and accidental deterioration of the goods sold is only transferred to the consumer when the goods are handed over to the consumer; this also applies to sales shipment.
5.4.3.
The risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer if the customer is in default of acceptance.
6. right of withdrawal and consequences
Cancellation policy
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (TikTakToo KinderGartenZentrale GmbH, Kraaser Straße 3 a, 17219 Rockow, Deutschland, Tel: 49 (0) 39954 25 88 0, Fax: 49 (0) 39954 25 88 22, E-Mail: info@tiktaktoo.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
Cancellation form
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us (TikTakToo KinderGartenZentrale GmbH, Kraaser Straße 3, 17219 Rockow, Germany) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7 Retention of title
TIKTAKTOO retains title to the goods until full payment has been made by the customer.
8. rights in the event of defects in the goods (warranty)
Inquiries and/or complaints of any kind must be addressed to TIKTAKTOO using the contact details given above.
8.1 If the purchased item is defective, the customer shall be entitled to subsequent performance in accordance with §§ 437 No. 1, 439 BGB if and insofar as the requirements of the statutory provisions on rights in the event of defects are met.
8.2.1 In this respect, consumers have the choice of whether subsequent performance is to take the form of rectification or replacement delivery. However, TIKTAKTOO remains entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer.
8.2.2 TIKTAKTOO shall initially provide a warranty to entrepreneurs for defects in the goods at its own discretion by repair or replacement.
8.2.3 The rights of the Buyer in the event of defects as defined in § 437 No. 2 and 3 BGB remain unaffected by the provisions of Clauses 8.2.1 to 8.2.2 inclusive of these GTC.
8.3 The limitation period for defects in new goods is two years from delivery of the goods for the rights of a consumer and one year from delivery of the goods for the rights of an entrepreneur. If a used item is purchased by a consumer, his warranty claims expire one year after delivery of the goods to him. If a used item is purchased by an entrepreneur, there are no warranty claims. These periods of limitation shall not apply if TIKTAKTOO is liable in accordance with clause 9. of these GTC or if it concerns the right in rem of a third party on the basis of which the surrender of the delivery item can be demanded.
8.4 The rights of recourse of entrepreneurs set out in Sections 478, 479 BGB remain unaffected by the provisions of Clauses 8.1. to 8.3. of these GTC.
8.5 Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods using the above contact details; otherwise the assertion of the warranty claim is excluded. Timely dispatch of the notification of defects shall suffice to meet the deadline.
9 Liability provisions
9.1.
TIKTAKTOO shall be liable without limitation in accordance with the statutory provisions for damages arising from injury to life, limb or health which are based on an intentional or negligent breach of duty and for other damages which are based on an intentional or grossly negligent breach of duty and fraudulent intent. In addition, TIKTAKTOO shall be liable without limitation for damages which are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, and in the event of the assumption of guarantees.
9.2.
TIKTAKTOO shall be liable for such damages which are not covered by clause 9.1. and which are caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligations). However, TIKTAKTOO's liability shall be limited to the foreseeable damage typical of the contract.
9.3.
TIKTAKTOO shall only be liable to consumers in the event of slightly negligent breaches of such contractual obligations that are not covered by clause 9.1. or clause 9.2. (so-called non-essential contractual obligations) in the event of foreseeable damage typical of the contract.
9.4.
Any further liability is excluded.
10. final provisions
10.1.
Applicable law is the law of the Federal Republic of Germany.
10.2.
The choice of law according to clause 10.1. applies to consumers who do not conclude the contract for professional or commercial purposes only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.3.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.4.
The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TIKTAKTOO, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. If a customer as an entrepreneur has no general place of jurisdiction in Germany or if the domicile or habitual residence of the entrepreneur is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is also the registered office of TIKTAKTOO. This does not affect TIKTAKTOO's right to appeal to the court at another statutory place of jurisdiction.
11. online dispute resolution
Online dispute resolution pursuant to Art. 14 para. 1 Odr-Vo: the European Commission provides a platform for online dispute resolution (os), which you can find at http://ec.europa.eu/consumers/odr/.
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