| 1 | Scope |
| 1.1 |
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 |
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 | Conclusion of contract |
| 2.1 | The in the online shop contained product descriptions of the seller are of
purpose to the customer to make a legally binding offer. |
| 2.2 |
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. Before bindingly submitting the order, all information given can
be edited via the usual keyboard and mouse functions. Over and above that, all information is displayed once more in a confirmation
window before finally submitting the legally binding offer and can be edited via the usual keyboard and mouse functions.
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| 2.3 |
The seller will confirm receipt of the offer made by the customer electronically without delay (fax or e-mail). 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
− for example after checking the creditworthiness of the customer.
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| 2.4 |
The ordering information is stored from the seller and can be viewed by the customer after sending the order via a password protected
customer account, provided that the customer at the point of placing his order setup a customer account in the seller's online
shop. The ordering information is sent to the customer in text form after submitting his/her order. The same applies for the contract
terms including these general terms and conditions and consumer information.
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| 3 | Return fees when exercising the right of withdrawal |
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If the customer exercises the right of withdrawal as per § 312d para. 1 clause 1 BGB (German civil code), 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 | Prices and payment conditions |
| 4.1 |
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. Further costs accrue in individual cases with cross-border deliveries, for e.g.
further taxes and/or duties; for instance in form of custom duties.
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| 4.2 |
The seller offers the following payment options for contracts concluded via the online shop, unless nothing else is stipulated in the
respective description of the product:
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| 4.2.1 | For deliveries within Germany:
Payment in advance via - Electronic funds transfer (Bank transfer/ Debit)
- Credit card
- PayPal
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| 4.2.2 | For deliveries abroad:
Payment in advance via
- Electronic funds transfer (Bank transfer/ Debit)
- Credit card
- PayPal
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| 4.3 |
If payment in advance is agreed upon, the payment is due immediately after contract conclusion. |
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| 5 | Delivery and shipping terms as well as passing on of risk |
| 5.1 |
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. |
| 5.2 |
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 failed delivery attempt is not to the account of the
customer.
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| 6 | Title retention |
| The ownership of the delivered goods remains with the seller until full payment has
been made. |
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| 7 | Liability for defects |
| The law of liability of defects is valid. |
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| 8 |
Protection of privacy |
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The use of personal information in the online shop of the seller is subject to the
privacy policy of the seller, which is
separately listed in the online shop. |
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| 9 | Information on battery
regulation |
| 9.1 |
Used batteries may not be disposed of in domestic waste. The customer can return used batteries to a communal place of collection or
to a local retailer. With the exception of starter batteries, the return of used batteries at communal places of collection is free of
charge. Batteries received by the customer from the seller can be returned after use via post at the customer's own expense.
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| 9.2 | Batteries containing toxic elements are marked
with a symbol of a crossed garbage can. Underneath the garbage can symbol, the chemical description of the toxic waste is found −
for example »Cd« for Cadmium. »Pb« stands for led, »Hg« for mercury.
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| 10 | Applicable law |
| 10.1 |
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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| 10.2 |
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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| 10.3 | The contract language is German. |