GTC

General terms and conditions with customer information

1. Scope of application

2. Conclusion of contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects (warranty)

8. Special conditions for repair services

9. Redemption of gift vouchers

10. Applicable law

11. Place of jurisdiction

12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Top Sales GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or - by requesting payment from the customer after submission of the customer's order. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 The Seller reserves the right to refuse an order or cancel the order if the order was generated by software, a machine, a crawler, a spider or other automated web programs or scipted behavior systems or by using third party services used to place the order on your behalf.

2.5 If a payment method offered by PayPal is selected, payment shall be processed via 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 Use, available at https://www.paypal.com/en/webapps/mpp/ua/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/en/webapps/mpp/ua/privacy-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.7 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.8 German and English are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.9 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.10 The customer agrees to receive invoices and credit notes exclusively in electronic form.

3) Right of withdrawal

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 withdrawal policy.

4) Prices and terms of payment

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 shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made 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 store.

4.4 If a payment method offered via the "PayPal" payment service is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even in the event of assignment of claims.

4.5 If a payment method offered via the "mollie" payment service is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online store. To process payments, mollie may use other payment services for which special payment terms may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/en/.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days of the invoice date without deduction, unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the customer is allowed to pay by invoice after a credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payment with debt-discharging effect to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB, which the customer can call up during the ordering process, shall apply. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.

4.7 If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/en_gb/user

5) Delivery and shipping conditions

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

5.2 If the 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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.4 Self-collection is not possible for logistical reasons.

5.5 Vouchers are provided to the customer as follows - by e-mail

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.1 The above limitations of liability and shortening of time limits do not apply - to claims for damages and reimbursement of expenses by the customer, - in the event that the seller has fraudulently concealed the defect, - for goods that have been used for a building in accordance with their normal use and have caused its defectiveness, - for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.2 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.3 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.4 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:

8.1 Repair services shall be provided at the seller's registered office.

8.2 The Seller shall provide its services at its own discretion, either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

8.3 The customer shall provide the seller with all information required for the repair of the item, unless the procurement of such information is not within the seller's scope of duties according to the content of the contract. In particular, the customer shall provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may be the cause of the defect found.

8.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's registered office at his own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.

8.5 The return of the item is at the expense of the seller.

8.6 The aforementioned provisions do not limit the customer's statutory rights in the event of defects in the case of the purchase of goods from the seller.

8.7 The seller shall be liable for defects in the repair work performed in accordance with the provisions of statutory liability for defects.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.

9.10 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is authorised, but not obliged, to check the material eligibility of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

11) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

12) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller - Königstein am Taunus. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

--------------------------------------------------------------------------------------

General Terms and Conditions for retailers

§ 1 General

1. our offers are subject to change. The written order confirmation is decisive for the scope of our delivery obligation. The order shall not be deemed to have been accepted until it has been sent or the goods have been dispatched. We reserve the right to make changes without the special consent of the customer, insofar as these are due to technical developments or represent technical improvements. Otherwise, minor deviations in color, size, shape, etc. are permissible insofar as they are reasonable for the customer. Specifications in the order confirmation shall take precedence over the following provisions.

2. the customer's general terms and conditions shall not apply, even if we do not expressly object to them. They shall only apply if and insofar as we expressly confirm them in writing.

3. we shall be entitled to render partial performance insofar as this is reasonable for the customer in the circumstances of the individual case. The invoices issued for this are payable independently of the total delivery.

4. in the absence of a separate written agreement, descriptions of services, brochures or the like on which the contract is based, as well as agreed dimensions and weights, are not guarantees of quality or durability, but purely product descriptions.

5. supplements, amendments or ancillary agreements prior to or at the time of the order shall only be effective if they have been confirmed by us in writing.

§ 2 Price and payment

1. the prices and charges quoted by us include packaging, but not delivery and shipping costs. The applicable value added tax shall be added to the prices.

2. Unless otherwise agreed, deliveries shall be made ex works, freight collect. Transportation shall be carried out by third parties commissioned by us. The customer is not entitled to commission the transport person himself or to demand the commissioning of specific individual transport persons. Transportation costs shall be invoiced to the customer.

3. Our invoices are payable within 10 days of delivery with a 2% discount or within 30 days of delivery without any deduction at the registered office of our company.

4. In the case of returns, any discounts already granted will be charged back.

5. delayed or deferred payments shall bear interest at 8% above the applicable prime rate. interest. This shall not apply if the customer proves that no or only minor damage has otherwise been incurred. In the event of default, we shall be entitled to claim any additional damage caused by delay.

6. if we become aware of any deterioration in the customer's financial situation which, in our opinion, jeopardizes his creditworthiness and the realization of our claims, we shall be entitled to declare the entire remaining debt due and payable.

7. if the customer defaults on payment of a not insignificant amount, we shall not be obliged to make further deliveries to him until this claim has been settled. If the customer does not remedy the default in payment after a reminder and within a reasonable grace period, we shall be entitled to commission a debt collection agency to enforce the claims; the customer shall bear the costs of this. Furthermore, in this case we can withdraw from existing orders.

§ 3 Delivery periods

1. if the customer sets us a reasonable deadline for performance after we are in default, he shall be entitled to withdraw from the contract after the deadline for performance has expired without result. The deadline for performance must be at least four weeks.

2. claims for damages in lieu of performance and claims for compensation for damage caused by delay shall be limited to compensation for typically foreseeable damage, excluding indirect damage. Without any limitation, we shall only be liable in the event of intent or gross negligence as well as in the event of injury to life, limb or health and the breach of material contractual rights and obligations.

§ 4 Transfer of risk

All deliveries and shipments are made at the risk of the customer. The risk shall pass to the customer upon delivery to the person or institution designated to carry out the shipment. This shall also apply if we carry out the transportation ourselves.

§ 5 Retention of title

Deliveries remain our property until full payment of all our claims against the customer arising from the business relationship. In the event of default of payment, the customer shall be obliged to surrender the items at our request.

§ 6 Warranty and liability for defects

1. if the customer is a merchant, he must inspect the delivery item immediately after receipt in the ordinary course of business and notify us in writing of any defect immediately, but no later than three days after receipt and as specifically as possible. If the customer fails to notify us, the delivery item shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. If such a defect becomes apparent later, the written notification must be made immediately, but no later than three days after discovery; otherwise the delivery item shall also be deemed approved in view of this defect. The same applies in the case of incorrect or incomplete delivery, unless the delivery item obviously deviates from the order to such an extent that we had to consider the customer's approval to be excluded.

2. in the event of a defect, we shall be entitled, at our discretion, to remedy the defect or make a replacement delivery. replacement delivery. If the rectification of the defect fails or if we are not prepared or not in a position to do so or to make a replacement delivery or if this is unduly delayed, the customer shall be entitled to demand rescission of the contract or a reduction in the purchase price.

3. in the event of notices of defects, payments by the customer may be withheld to an extent that is in reasonable proportion to the defects that have occurred. The customer may only withhold payments if a notice of defects is asserted, the justification of which is beyond doubt. If the notice of defects is unjustified, we shall be entitled to demand compensation from the customer for the expenses incurred by us in the course of examining the notice of defects.

4. claims for defects shall not exist in the event of an insignificant deviation from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear and tear or damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use or due to special external influences which are not provided for under the contract.

5. if the goods complained about are returned with our express written consent, the goods in question must be returned cleaned and clearly labeled with the information required to process the complaint.

§ 7 Impossibility

If delivery is impossible, the customer is entitled to demand compensation, unless we are not responsible for the impossibility. we are not responsible for the impossibility. However, the customer's claim for damages shall be limited to 10% of the value of the delivery which cannot be used by the customer in accordance with the contract due to the impossibility. This limitation shall not apply if liability is mandatory in cases of intent or gross negligence; this does not imply a change in the burden of proof to the detriment of the customer. The purchaser's right to withdraw from the contract remains unaffected.

§ 8 Other claims for damages

1. claims for damages and reimbursement of expenses on the part of the customer, irrespective of the legal grounds, in particular for breach of duties arising from the contractual obligation and from tort, are excluded.

2. this shall not apply where liability is mandatory, e.g. under the Product Liability Act, in cases of intent and gross negligence, due to injury to life, limb or health and due to breach of material contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.

§ 9 Place of performance, choice of court and place of jurisdiction

1. place of performance is Bad Soden am Taunus.

2. the law of the Federal Republic of Germany shall apply to the exclusion of the Vienna Sales Convention.

3. the place of jurisdiction for all disputes arising from the contractual relationship shall be Frankfurt am Main.

Bad Soden am Taunus, March 2012

TROLLKIDS Top Sales GmbH