Terms of Service - Tinkerbots robot toys website

Terms of Service

§ 1 Scope

1.
Products placed in our tinkerbots.com online shop are invitations for the customer to submit an offer.
2.
By submitting an offer for an item placed by us, the customer acknowledges it has read our terms and conditions, as well as the below instructions on distance-selling contracts as per Section 312 d of the German Civil Code, governing consumer’s rights of revocation and return.
3.
Differing or additional customer conditions not expressly acknowledged by us are not binding for us, even if we have not expressly objected to them. We hereby declare our objection as a precautionary measure.

§ 2 Offer and acceptance

1.
The quality features of the stated items are shown specifically for each item, and are valid at the time of contract conclusion. This also applies to the shipping costs and the customer’s acceptance of any other costs and charges.
2.
Displaying products in the tinkerbots.com online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the “Order” button, the customer places a binding order for the items in the shopping cart. Receipt of the order is confirmed as soon as it is sent, and does not constitute contract acceptance. We can accept the order by emailing an order confirmation or sending the items within five days.
3.
The contractual languages are German and English.
4.
The item price and additional costs stated in each item description are all gross prices. The final prices are shown specifically for the relevant item.

§ 3 Revocation instructions

(Second instructions provided in writing after successful conclusion of the purchase agreement)
Consumers have a right to revocation regarding the items purchased from us as per the following instructions:

Right of revocation
You have 14 days to revoke your contractual acceptance, without stating reasons, in writing (e.g. letter, fax, email) or, if the item has been delivered before this time, by returning the item. The 14-day period commences upon receipt of these instructions in writing, but not before the item has been received by the recipient (in the case of recurring deliveries of identical items, not before receipt of the first delivery) and not before our duties of information as per Article 246 Section 2, in conjunction with Section 1 Paragraph 1 and 2 of the Introductory Act to the German Civil Code, as well as our duties in Section 312g Paragraph 1 Clause 1 of the German Civil Code, in conjunction with Article 246 Section 3 of the Introductory Act to the German Civil Code, have been met. Prompt postage of the revocation or item shall suffice to uphold the revocation deadline. Revocations must be addressed to:

Kinematiks GmbH
Börnicker Chaussee 1-2
16321 Bernau
Tel: +49 (0)3338 750526
Fax: +49(0)3338
Email: info@tinkerbots.com

Consequences of revocation
In the event of effective revocation, the mutually received services, as well as any resulting benefits (e.g. interest), must be returned. Compensation for lost value only needs to be provided for item deteriorations or benefits if these deteriorations or benefits are due to item usage extending beyond inspections of properties and functions. “Inspections of properties and functions” means testing and trying out the items to the extent possible and acceptable in the shop. Package items must be returned at our risk. You must bear the standard return costs if the delivered items match the ordered items, and if the price of the returned item does not exceed 40.00 Euros, or, in the event of a higher price, if you have not rendered the return service or made a contractually agreed partial payment at the time of revocation. Otherwise, the return delivery is free of charge for you. Non-package items are collected from you. Payment refund obligations must be met within 30 days. This period begins for you on the day you send your revocation or return the item, and for us on the day this is received.

End of revocation instructions
The right of revocation does not exist for distance-selling contracts
– governing the delivery of items made according to customer specifications, or
– which are clearly tailored to personal needs, or
– whose properties do not enable it to be returned, or
– which can quickly spoil, or
– whose expiry date has elapsed,
– governing the delivery of audio or video recordings or software, insofar as the delivered data carriers have been unsealed by the consumer, or
– governing the delivery of newspapers, magazines and illustrated publications, unless the consumer has provided their contractual acceptance by telephone.

§ 4 Provider identity and address for service

The items are provided by:
Kinematics GmbH

Börnicker Chaussee 1-2
16321 Bernau bei Berlin
Germany

§ 5 Delivery conditions

1.
The placed order is a preliminary order. Production of the tinkerbots kits, accessories and merchandise, and the delivery thereof, as not yet commenced. No specific date for production or delivery has as yet been set. The first end products are expected to be available as of , but this is subject to change.

2.
The customer will be advised of the ordered items’ production and expected delivery in a separate email. We then anticipate arranging delivery within four weeks.

3.
The customer is granted a special right of withdrawal if initial production does not occur within a year of the preliminary order being placed. In this case, we, too are entitled to withdraw from the contract, immediately refunding any payments already made by the customer.

§ 6 Payment conditions

1.
We issue the customer with an invoice for the purchased item(s), which provided with the item delivery. Prices on the invoice are always gross prices, showing VAT plus shipping costs.
2.
We only deliver following payment by credit card, instant transfer, Paypal, cash on delivery or cash in advance. In the case of credit-card payments, the credit-card account is charged when the order is placed. Details regarding the type of payment methods are specified for the respective items. Payments via Paypal are processed by: PayPal (Europe) S.à.r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg. Payments by credit card and direct debit are processed by: …. .
3.
The purchase price is only payable once we have provided information on completion and expected delivery as per Section 5 Paragraph 2. Invoice payment date will be reiterated separately in the notification. If the payment date is calendar-based, the customer falls into default once this date has elapsed.

4.
Shipping costs are borne by the purchaser. The shipping costs are shown specifically for the respective items, and are considered fixed prices. All shipments are insured, whereby the insurance costs are borne by the customer and included in the shipping costs. In the case of deliveries abroad, shipping costs are charged on actual expense. Additional customs duties and charges are incurred for deliveries to non-EU countries (e.g. USA, Switzerland), and these are not included in the shipping costs. Further information on customs duties is available at
http://ec.europa.eu/taxation_customs/dds/cgibin/tarchap?Lang=DE and on import sales tax at http://auskunft.eztonline.de/ezto/Welcome.do, and specifically for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.

§ 7 Retention of title

1.
We reserve the right to retain ownership of the purchased item until full payment of the invoice amount. If the customer is an entrepreneur performing commercial or independent professional activities, a public legal entity, or public-law special fund, we reserve the right to retain ownership of the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The relevant security interests may be transferred to third parties.
2.
If the customer defaults on any payment obligations to us, all existing claims immediately become payable.

§ 8 Warranty and liability

1.
The legal regulations apply to defect warranties. Items delivered by us have a mandatory warranty of 12 months for companies.
2.
Obvious defects (defects identifiable without even needing to carefully check the delivered items) must be reported to us in writing within 2 weeks of receiving the items. If not, the items are considered approved, and no defects are recognised. This only applies to non-consumer customers.
3.
Customer claims for compensation are not permitted, except for those resulting from death, physical injury, harm to health or breach of major contractual obligations (material contractual obligations which, if breached, jeopardise fulfilment of the contractual purpose), and liability for other damage based on a deliberate or grossly negligent breach of obligation by Tinkerbots Inc. its legal representatives or assistants.
4.
In the event of breaches of major contractual obligations, we are liable as per the legal regulations. Compensation for mildly negligent breach of major contractual obligations, however, is limited to typical, foreseeable damage, unless this involves customer compensation claims resulting from death, physical injury or harm to health.
5.
If we are unable to fulfil our obligations as a result of force majeure or other exceptional, unexpected circumstances, which, despite exercising all feasible care, we are unable to foresee or avoid, e.g. operational disruptions, official measures, natural disasters etc., we are exempt from our duty of service for the duration of the hindrance, and cannot be held liable for any customer compensation claims derived therefrom.
6.
The above disclaimers and liability limitations do not apply in the event of liability under the Product Liability Act, in the event of deliberate intent or gross negligence, liability for death, physical injury, breach of freedom or harm to health, or malicious concealment of a defect by us.
7.
The above rules also apply for the legal representatives and assistants of Tinkerbots Inc. if claims are raised directly against them.

§ 9 Applicable law and jurisdiction

1.
Our business relationship with the customer and any disputes resulting from the contractual relationship are governed solely by federal German law, as is the case for business transacted in Germany between German residents. The UN Convention on the International Sale of Goods shall not apply.
2.
If the customer is a merchant or if the other requirements from Section 38 of the German Code of Civil Procedure have been met, the sole place of jurisdiction for all disputes arising from the legal relationship, including summary proceedings based on documentary evidence and bills of exchange, is Berlin. The same applies to disputes relating to the conclusion and validity of the contract. We are, however, also entitled to raise claims in the customer’s general or other place of jurisdiction.

§ 10 Information on data processing

1.
Tinkerbots Inc. collects customer data when executing contracts. In doing so, it particularly respects the provisions of the German Federal Data Protection Act and the German Telemedia Act. The customer’s inventory and usage data is only collected, processed or used without the customer’s consent if this is required for contract execution or for telemedia usage and billing.
2.
We will not use the customer’s data for advertising, market research or opinion research without the customer’s consent.
3.
For information on customer consents and further details on data collection, processing and use, please refer to the privacy policy, available in print format at anytime on the Tinkerbots Inc. website via the “Privacy” button.

4.
The data entered regarding processing through external payment service providers is not stored by us, but rather by the respective payment provider (where applicable). The payment service provider’s privacy rules apply here.

§ 11 Final provisions

If one or more of the above provisions is or becomes fully or partly invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one pursuing an economic purpose as close as possible to the original.