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A
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General terms
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1
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Scope
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1.1
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These general terms and conditions of the Trends & Brands GmbH (hereinafter »Seller«) apply for all contracts that the customer
concludes with the seller via the online shop www.kissafrog.de. The inclusion of the customers own terms and conditions are excluded, unless
other terms have been explicitly agreed upon.
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1.2
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Customers in terms of clause 1.1 are consumers as well as entrepreneurs, whereby a consumer is any natural person, who concludes a legal
transaction with an aim that cannot be connected to neither his nor her commercial and/or independent professional occupation. On the other
hand, an entrepreneur is any natural person, corporate body or partnership with legal capacity, who is exercising his/her/its independent
occupational or commercial activity when concluding a legal transaction.
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2
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Conclusion of contract
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2.1
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The in the online shop contained product descriptions are not legally binding offers by the seller, but are of purpose to the customer to make
a legally binding offer.
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2.2
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The customer can submit the offer either in writing, via fax, via e-mail or via the integrated online order form of the seller's online
shop. With placing an order via the online order form, the customer, in the final step of the ordering process and after entering his personal
details and clicking the »Confirm order« button, is concluding a legally binding offer of contract in terms of the goods that are
in the online shopping cart.
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2.3
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The seller can accept the offer of the customer in form of an order confirmation either in writing (letter) or electronically transmitted means
(fax or e-mail) or through delivering the goods within five working days. The seller reserves the right to decline acceptance of the order.
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The ordering process and contacting is usually conducted via e-mail and the automated ordering process. The customer has to make sure that the
e-mail address provided during the ordering process is correct, so that any e-mail sent to that address by the seller will be received.
Especially in case of using SPAM-filters the customer has to ensure that all e-mails sent by the seller or a third party entitled to proceed
the ordering process can be submitted.
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3
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Return fees when exercising the right of withdrawal
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If the customer exercises the right of withdrawal, the customer will have to carry the regular return costs, when the price of the item to be
returned does not exceed a value of 40 Euros, or, in case of a higher value, if the customer has not provided the payment or a partial payment,
unless the delivered goods do not correspond with the ones ordered. In all other instances, the seller will carry the return costs.
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4
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Prices and payment conditions
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4.1
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The prices indicated by the seller are final prices. The sales tax will be indicated, as far as the goods are not subject to differential
taxation according to § 25a UStG (German value added tax act). Possible additional delivery and shipping costs are indicated separately in the
product description.
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4.2
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The seller offers the following payment options for deliveries within Germany, unless nothing else is stipulated in the respective description
of the product:
Payment in advance via
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Electronic funds transfer (Bank transfer/ Debit)
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Credit card
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PayPal
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4.3
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If delivery to countries outside of Germany is additionally offered for the particular product, the customer has the following payment options
for deliveries abroad, unless nothing else is stipulated in the respective description of the product:
Payment in advance via
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Electronic funds transfer (Bank transfer/ Debit)
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Credit card
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PayPal
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4.4
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In individual cases further costs accrue with cross-border deliveries outside of the European Union, for e.g. further taxes and/or duties; for
instance in form of custom duties.
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4.5
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If payment in advance is agreed upon, the payment is due immediately after contract conclusion.
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4.6
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When opting for payment by credit card the customer's credit card account will be charged in the instance of completion of the order.
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5
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Delivery and shipping terms as well as passing on of risk
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5.1
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The delivery of goods takes place regularly and to the delivery address stipulated by the customer. With processing the transaction, the
delivery address stipulated by the customer at the point of the order process is solely decisive.
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5.2
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If a delivery to the customer is not possible, the assigned transportation company will send the goods back to the seller, whereby the customer
has to carry the costs of the failed delivery. This does not apply if the customer was temporarily prevented from receiving the delivered goods
unless the seller has announced the delivery to the customer in reasonable time in advance or if the customer hereby exercises his right of
withdrawal.
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6
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Liability for defects
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The law of liability of defects is valid.
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7
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Applicable law
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7.1
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The law of the Federal Republic of Germany applies to all legal relations between the parties under exclusion of the laws of the purchasing of
international moveable goods. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by
imperative provisions of the law of the country, or state in which the customer normally resides in.
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7.2
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If the customer is a trader, a legal person under public law or a public special estate, the exclusive place of jurisdiction for any disputes
arising out of this contract shall be the location of the registered office of the seller. The same shall apply if the customer has no general
place of jurisdiction within Germany, or if the place of residence or habitual abode is unknown at the time of initiation of legal proceedings.
The authority to call upon a different legal court remains without prejudice.
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7.3
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The contract language is German.
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B
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Consumer information
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1
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Information about the seller's identity
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Trends & Brands GmbH
Paulusstr. 21−23
53227 Bonn
Phone: +49 (0) 700 − 54 77 23 764
Fax: +49 (0) 700 − 54 77 23 77
E-Mail: info@kissafrog.de
CEOs: Gökhan Emir, Ali Reza Abbassi Dazmiri
Register court: Amtsgericht Bonn
Register number: HRB 12841
Tax ID number as per; § 27 a Value Added Tax Act: DE 234276747
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2
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Information about the substantial characteristics of the goods or services
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The substantial characteristics of the goods or services arise from the particular product description composed by the seller.
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3
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Information about the conclusion of a contract
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The conclusion of the contract is carried out according to clause 2 of the seller's general terms and conditions (see above).
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4
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Information about payment and delivery
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The payment is carried out according to clause 4, and the delivery is carried out according to clause 5 of the seller's general terms and
conditions (see above).
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5
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Information about the technical steps that result in the conclusion of a contract
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5.1
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If the customer uses the online ordering form of the seller, he/she will make his/her offer as follows: |
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5.1.1
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On the seller's website offering products the customer clicks in a first step the button „Add to shopping cart“. Right after a new
window will appear displaying the content of the shopping cart.
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5.1.2
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In a second step, the customer may continue directly or after adding more products into the virtual shopping cart by clicking the button
„Check out“. If the customer has not registered and signed in yet, a new window will open. There the customer has to either
register in order to create a customer account, or sign in if he/she is already a registered customer. In case the customer is registered
already, he/she fills in the field „Your e-mail“ and „Your password“ and afterwards clicks the button „Sign
in“. If the customer has not yet been registered, he/she clicks the button „Create account“. Then the customer fills in the
form an clicks the button „Create account“. A new window will open displaying the billing address and delivery address providing
the option to edit the addresses or to add additional addresses.
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5.1.3
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In a third step, the customer clicks either directly or after editing or adding addresses the button „Next“.
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5.1.4
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In a fourth step, a new window will open where the customer may choose his preferred payment method by clicking on it.
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5.1.5
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In a fifth step, the customer clicks the button „Next“. A new window will be displayed which contains all information about the
order.
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5.1.6
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In a sixth step, the customer puts in a checkmark at „I accept Privacy policy conditions and terms and conditions and I confirm that I
have read the terms of cancellation notifications“.
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5.1.7
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In a seventh step the customer clicks on the button „Confirm order“.
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5.2
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The acceptance of the order by the seller is carried out according to clause 2.3 of the seller's general terms and conditions (see above).
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6
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Information about saving of the contract text
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The contract text will be saved by the seller and will be provided to the customer after confirming the order along with the general terms and
conditions and customer information in writing (e.g. e-mail, fax or letter). Additionally, the contract text will be filed on the seller's
website and may be accessed by the customer via his/her password protected customer account for free by using his/her particular sign in data.
That is in case the customer has created a customer account in the seller's online shop before confirming his/her order.
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7
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Information about the technical tools to identify and correct type errors
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Before submitting the legally binding order all data input made by the customer can be edited via the usual keyboard and mouse functions.
Furthermore all given information will be displayed in confirmation window before submitting the legally binding order and may be edited there
as well via the usual keyboard and mouse functions.
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8
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Information about the languages available for conclusion of a contract
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For conclusion of the contract only the German language is available.
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