1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with TAMITAMI Kids.
By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
shipping costs
In addition to the prices stated, shipping costs may apply. You can find more detailed information on any shipping costs that may apply in the offers.
delivery options
We ship the products to the delivery address specified during the ordering process.
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop.
credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.
6. Right of withdrawal
You have the statutory right to cancel as described in the cancellation policy.
7. Retention of title
The product remains our property until full payment has been made.
The following also applies to entrepreneurs: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and malice
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
restrictions on entrepreneurs
For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defects.
The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.
Notice to merchants
Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have subjected ourselves to the following codes of conduct:
- Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you here We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.