GENERAL TERMS AND CONDITIONS OF BUSINESS
These General Terms and Conditions apply to all orders placed by you at the online store www.kidwood-and-more.com of the Kidwood brand (hereinafter referred to as the Seller).
These General Terms and Conditions apply to all products in the Seller's online shop (hereinafter referred to as "Products"). The Seller may adjust the offer and prices at any time.
The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
By clicking the "Order now and pay" button, you submit a binding offer to purchase.
Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
A purchase contract for the goods is only concluded upon receipt of payment.The prices are gross prices.
The invoice will be sent exclusively by email.
Payment options include: bank transfer, credit card, PayPal, Apple Pay, Sofortüberweisung, and Klarna. Cash payments are not possible.
By making payment, the buyer accepts the General Terms and Conditions (GTC).
The transfer should be made to one of our bank accounts:
Bank: Erste Bank
Name: Kidwood
IBAN: AT79 2011 1294 5545 6503
BIC: GIBAATWWXXX
Please provide the order number as payment reference.
The goods will be shipped after payment has been received into our bank account. The buyer will be notified by email when the goods are shipped.
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide.
If damage to the goods is externally visible upon delivery, the recipient must record this, along with general information about the loss or damage, in a receipt signed by both parties. Please write "DAMAGED" next to the signature.
If the goods are accepted without stating that they are damaged, the damage can no longer be accepted as a complaint.
We would like to point out that there may be delays in delivery (particularly for pre-orders and on holidays) over which we as a retailer have no influence, especially in the case of short-term delivery delays on the part of our suppliers.
When returning the goods, the direct costs of returning the goods (40 euros) plus a processing fee of 25 euros will be charged.
More information about cancellation and returns can be found in section 9.
The address for returns is:
GLOBAL MAIL / KIDWOOD
Hosnedlgasse 8
1220 Vienna
Austria
Warranty claims are governed by the statutory provisions of the law of purchase.
In addition to the statutory warranty, the retailer provides a voluntary warranty for all climbing frames purchased between January 1, 2024, and December 31, 2024. This warranty does not limit statutory warranty claims. The warranty for scaffolding is valid for LIFETIME and for accessories for 1 year. A warranty claim is subject to correct use and assembly of the products according to the manufacturer's instructions:
• Do not use an electric screwdriver during assembly
• Use a soft base for assembly
• Pay attention to the maximum load of the products specified by the manufacturer
Warranty for Kidwood climbing frames purchased before January 1, 2024, and after December 31, 2024. Our Kidwood climbing frames are covered by a statutory warranty period of two years from the date of purchase in accordance with EU directives. This warranty covers defects in materials and workmanship. What is covered? - Defects that occur during normal use and proper assembly. - Defects due to faulty manufacturing or materials. What is excluded? - Damage caused by improper use, external influences, or normal wear and tear. - Modifications to the product that were not authorized by us.
-Lifetime guarantee for Kidwood climbing frames
• Applies to all climbing frames purchased from 01.01.2024 to 31.12.2024
This lifetime warranty applies exclusively to Kidwood climbing frames purchased directly from our official website [ https://www.kidwood-and-more.com ] or through authorized retailers. The warranty extends only to the original purchaser of the climbing frame and is non-transferable. This means that the warranty is valid only for the period of ownership of the original purchaser.
Scope of the guarantee:
• The warranty covers only the climbing frame. Accessories or supplementary components are excluded from this warranty.
• The guarantee covers structural defects in the climbing frame that significantly impair the usability of the entire structure or make further use impossible.
• The lifetime warranty is void if the climbing frame is resold or ownership is transferred to another person. The warranty is also void if the product was purchased from an unauthorized retailer.
Exclusions and limitations:
• Natural wear and tear, negligent use, improper installation or maintenance, vandalism, weather conditions or other external influences beyond our control are not covered by the warranty.
• Any modifications to the product not approved by Kidwood or authorized representatives will immediately void the warranty.
Warranty claim:
• Proof of purchase is required to make a warranty claim. Please keep your receipts carefully.
• In the event of a warranty claim, please contact our customer service at kidwood@aso-solutions.de to discuss the next steps.
This warranty gives you specific legal rights. You may also have other rights, which may not be limited by this warranty.
If you are a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), the limitation period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, body, or health, or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation), as well as to claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
Otherwise, the statutory provisions apply to the warranty.
If you are an entrepreneur within the meaning of Section 1 of the Austrian Commercial Code (UGB), the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
- You are obligated to inspect the goods promptly and with due care for any deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. Failure to inspect and notify defects will void the assertion of warranty claims.
- In the event of defects, we will provide warranty coverage, at our discretion, through repair or replacement (subsequent performance). In the event of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
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In the event that you are a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), i.e. you are making the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason.
- The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
- To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
- To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
- If you cancel this contract, we will refund all payments that we have received from you, at the latest within twenty-eight (28) days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
- We may refuse to refund until we have received the goods back.
- You must return or hand over the goods to us promptly and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
- You will bear the direct cost of returning the goods, which amounts to 40 euros, plus a processing fee of 25 euros.
-- You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
End of the cancellation policy
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name), to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
- Please avoid damage and contamination. Send the goods back to us in their original packaging with all accessories and all packaging components. Ensure that the parts in the packaging are not loose and cannot damage the item.
Please email us at kidwood@aso-solutions.de to notify us of the return. This will enable us to allocate the products as quickly as possible.
Please note that the modalities mentioned in the preceding paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.Parents are responsible for their children - please do not let your children play unattended.
If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible. Please write "DAMAGED" next to your signature.
Failure to file a complaint or contact us will not affect your statutory warranty rights. However, it will help us assert our own claims against the carrier or transport insurance.
If damage to the goods is externally visible upon delivery , the recipient must record this in a receipt signed by both parties, including general information about the loss or damage.
If the goods are accepted without reservation, the damage can no longer be accepted as a complaint.
Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you shall be governed exclusively by Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Vienna, Austria.