–––––––––––––––––– 

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Jurisdiction
10. Alternative dispute resolution 

1.1 These General Terms and Conditions (hereinafter “GTC”) of KinderAuto e.U. (hereinafter “Seller”), apply to all contracts for the supply of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed. 

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

 1.3 For the purposes of these General Terms and Conditions, a business operator is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity. 

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer. 

2.2 The customer may submit an offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller by email, via the online contact form or by telephone. 

2.3 The seller may accept the customer’s offer within five days, - by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date on which the order confirmation is received by the customer shall be decisive, or - by delivering the ordered goods to the customer, in which case the date on which the goods are received by the customer shall be decisive, or - by requesting payment from the customer following the submission of their order. If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The acceptance period begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent. 

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process. 

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. by email, fax or letter) once the Customer has submitted their order. The Seller will not make the contract text available in any other way. If the customer has created a user account in the Seller’s online shop prior to placing the order, the order data will be stored on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login credentials. 

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process. 

2.7 The German language is available for the conclusion of the contract. 

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, if the customer uses SPAM filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 

3.1 Consumers are generally entitled to a right of withdrawal. 

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy. 

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union. 

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description. 

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 

4.3 The payment option(s) will be communicated to the customer in the Seller’s online shop. 

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date. 

4.5 If the “Sofortüberweisung” payment method is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account that has been activated for use with “Sofortüberweisung”, must authenticate themselves accordingly during the payment process, and must confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer’s bank account is debited. The customer can find further information on the “Sofortüberweisung” payment method online at https://www.klarna.com/sofort/. 

4.6 If a payment method offered via the “Unzer” payment service is selected, payment processing is carried out by the payment service provider Unzer Group GmbH, Schöneberger Str. 21 a,10963 Berlin, Germany (hereinafter: “Unzer”). The individual payment methods offered via Unzer are displayed to the customer in the seller’s online shop. To process payments, Unzer may use the services of third-party payment service providers, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Unzer” is available online at https://www.unzer.com/de/zahlungsmethoden/. 

4.7 If the payment method ‘purchase on account via Unzer’ is selected, the transaction will be processed by Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter ‘Unzer’). The purchase price is due without deduction within 14 (fourteen) days of delivery of the goods and receipt of the invoice to Bank Frick AG, Landstrasse 14, 9496 Balzers, Liechtenstein (hereinafter “Bank Frick”). The ‘purchase on account’ payment method is subject to a successful credit check by Unzer. If, following the credit check, the customer is authorised to use the ‘purchase on account’ payment method, the payment will be processed in collaboration with Unzer. In doing so, the seller assigns its claim for payment to Bank Frick. In this case, the customer may only make payment to Bank Frick with discharging effect. Even if the ‘purchase on account’ payment method via Unzer is selected, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return consignments, or credit notes. The ‘purchase on account via Unzer’ payment method is not available, - if the order value is less than 10.00 euros, - if the delivery address provided by the customer does not match the billing address, in particular if a parcel locker or a post office box is specified as the delivery address, or - if the customer has not yet reached the age of 18. The seller also reserves the right to offer payment by invoice via Unzer only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information section of the online shop. 

5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system shall be decisive for the processing of the transaction. 

5.2 For goods delivered by a haulage contractor, delivery is "kerbside", i.e. to the nearest public kerb to the delivery address, unless otherwise stated in the dispatch information on the Seller’s online shop and unless otherwise agreed. 

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods. 

5.4 If the customer is acting as a trader, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer even in the case of consumers as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, if the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer. 

5.5 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no delivery charges will be incurred. 

If the seller makes an advance delivery, they reserve title to the goods delivered until the purchase price owed has been paid in full. 

Unless otherwise specified in the provisions below, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods: 

7.1 If the customer is acting as a trader, - the seller may choose the method of subsequent performance; - for new goods, the limitation period for rights arising from defects is one year from delivery of the goods; - for second-hand goods, rights arising from defects are excluded; - the limitation period does not recommence if a replacement delivery is made under the warranty for defects. 

7.2 The limitations of liability and shortened limitation periods set out above shall not apply - to the Customer’s claims for damages and reimbursement of expenses, - in the event that the Seller has fraudulently concealed the defect, - to goods which, in accordance with their normal use, have been incorporated into a structure and have caused its defectiveness, - to any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods with digital elements. 

7.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected. 

7.4 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects. 

All legal relationships between the parties shall be governed by the law of the Republic of Austria, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence. 

If the customer is acting as a trader, a legal person governed by public law or a special fund under public law with its registered office within the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is based outside the territory of the Republic of Austria, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s registered office. 

10) Alternative dispute resolution 

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Copyright notice: These Terms and Conditions were drawn up by the specialist solicitors at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de) Date: 03/12/2025, 20:55:32