Kibagi

Children's clothing - naturally beautiful

I am pleased to introduce you to my toddler and children's fashion, which is easy to combine and is handcrafted by me from high-quality - mainly natural - fabrics.

Take your time to look around and if you have any questions or special requests, please feel free to contact me via Design Fairy or by email ( kibagi@kabelmail.de ).

Processing time: 7 – 14 days – unless otherwise stated in the item description.

Shipping costs: €6.50 - unless otherwise stated in the item description.

Cancellation: accepted
Request cancellation: within 2 days of purchase.

Placing an order for other products:
If you would like to have an item of your choice sewn/knitted, please feel free to contact me. The item will then be created for purchase here in the shop just for you.

imprint
Legal provider identification:

Brigitte Schweigert
Kibagi
Christian-Schad-Str. 8th
63743 Aschaffenburg
Germany

Telephone: 06021624010
Email: kibagi@kabelmail.de
VAT ID number: DE320819418

Due to the small business status, VAT is not shown on the invoice in accordance with Section 19 UStG.

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/consumers/odr/

Right of withdrawal for the sale of goods

Right of Withdrawal

(A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.)

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day

- on which you or a third party named by you who is not the carrier took possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or are delivered uniformly;

- on which you or a third party named by you who is not the carrier took possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately;

- on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece, provided you have ordered goods that are delivered in several partial shipments or pieces;

In order to exercise your right of withdrawal, you must contact us (Brigitte Schweigert, Christian-Schad-Str. 8, 63743 Aschaffenburg, telephone number: 06021624010, email address: kibagi@kabelmail.de) by means of a clear declaration (e.g. by post sent letter or email) inform you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Reasons for exclusion or expiry

The right of withdrawal does not apply to contracts

- for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;

- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery;

- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;

- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

- To Brigitte Schweigert, Christian-Schad-Str. 8, 63743 Aschaffenburg, email address: kibagi@kabelmail.de:

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/

the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for paper notification)

- Date

(*) Delete what is not applicable.

General Terms and Conditions and Customer Information/Privacy Policy

1. General terms and conditions of business

• 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with me as the provider (Brigitte Schweigert) via the Internet shop Design Fairy. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

• 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) If I post an article on Design Fairy, the activation of the offer page on Design Fairy constitutes a binding offer to conclude a contract under the conditions contained in the article page.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You can access the shopping cart using the corresponding button in the navigation bar and make changes there at any time. After selecting the payment method and calling up the Go to checkout or Pay with PayPal page, personal data and payment method-related data are entered. Finally, all order data is displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal or Sofort) as your payment method, you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally you will be redirected back to Design Fairy to the order overview page.

Before sending the order, you have the opportunity to check all the information again on the order overview page, to change it (also using the internet browser's back function) or to cancel the purchase.
By submitting the order using the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

• 3 Individually designed goods

(1) You provide me with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by email. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release me from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) I do not check the submitted data for accuracy and therefore accept no liability for errors.

(4) If stated in the respective item description, you will receive a correction template from me, which I must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email).

The design work will not be carried out without your approval.

You are responsible for checking the correction template for accuracy and completeness and notifying me of any errors. I assume no liability for errors not complained about.

• 4 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain my property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

1. a) I reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
2. b) You can resell the goods in the ordinary course of business. In this case, you assign to me all claims in the amount of the invoice amount that arise from the resale, and I accept the assignment. You are still authorized to collect the claim. However, if you do not meet your payment obligations properly, I reserve the right to collect the debt myself.
3. c) If the reserved goods are combined and mixed, I acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
4. d) I undertake to release the securities to which I am entitled at your request to the extent that the realizable value of my securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

• 5 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to me and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it by me before I made the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following warranty regulations apply:

1. a) Only my own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.
2. b) In the event of defects, I will, at my discretion, provide a guarantee through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, I do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
3. c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- damages that are culpably attributable to me resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;

- if I have fraudulently concealed the defect or given a guarantee for the quality of the item;

- for items that were used for a building in accordance with their normal use and caused its defects;

- in the event of legal recourse claims that you have against me in connection with defect rights.

• 6 Choice of Law

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

1. Customer information
2. Identity of the seller

Brigitte Schweigert
Christian-Schad-Str. 8th
63743 Aschaffenburg
Germany

Telephone: 06021624010
Email: kibagi@kabelmail.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/consumers/odr/

 

 

 

 

 

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of my General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. I will not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the browser's print function. After I receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the product or service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on my website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on my website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. delivery terms

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on my website or in the respective offer.

Unless a different deadline is specified in the respective offer or under the correspondingly designated button, the goods will be delivered within 7-14 days of the conclusion of the contract (if an advance payment has been agreed, however, only after the time of your payment instruction).

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in my General Terms and Conditions (Part I).

Data protection

Unless otherwise stated below, the provision of your personal data is neither required by law or contract nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is provided during subsequent processing operations.

“Personal data” means any information relating to an identified or identifiable natural person.

Responsible person

Contact us if you wish. The person responsible for data processing is: Brigitte Schweigert, Christian-Schad-Str. 8, 63743 Aschaffenburg Germany, 06021-624010, kibagi@kabelmail.de

Collection, processing and transfer of personal data when placing orders

When you place an order, we only collect and process your personal data to the extent that this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR and is necessary for the fulfillment of a contract with you.

Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.

Payment service provider

As part of contractual and other legal relationships (Art. 6 Para. 1 S. 1 lit. b GDPR), due to legal obligations or otherwise on the basis of our legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR We offer the data subjects efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively "payment service providers").

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. For this purpose, we refer to the general terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers apply to payment transactions, which can be accessed on the respective websites or transaction applications. We also refer to these for further information and to assert cancellation, information and other rights of those affected.

The services and service providers used are the following:

Apple Pay: payment services; Service provider: Apple Inc., Infinite Loop, Cupertino, CA 95014, USA; Website: https://www.apple.com/de/apple-pay/ ; Data protection declaration: https://www.apple.com/legal/privacy/de-ww/ .

Google Pay: payment services; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA; Website: https://pay.google.com/intl/de_de/about/ ; Privacy policy: https://policies.google.com/privacy .

PayPal: payment services and solutions (e.g. PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg; Website: https://www.paypal.com/de ; Data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full .

Shop Pay/Shopify Payments: payment services; Service Provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; Website: https://www.shopify.de ; Data protection declaration: https://www.shopify.de/legal/datenschutz .

Mastercard: payment services; Service provider: Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium; Website: https://www.mastercard.de/de-de.html ; Data protection declaration: https://www.mastercard.de/de-de/datenschutz.html .

Visa: payment services; Service provider: Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, GB; Website: https://www.visa.de ; Data protection declaration: https://www.visa.de/USE Conditions/visa-privacy - center.html .

Klarna: payment services; Service Provider: Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna");
Website: https://www.klarna.com/de ; Data protection declaration: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy

IMMEDIATELY: Payment services; Service provider: Sofort GmbH, Theresienhöhe 12
80339 Munich, Germany; Website: https://www.sofort.de/ ; Data protection declaration: https://www.sofort.de/datenschutz.html

Duration of storage

After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the deadline has expired, unless you have agreed to further processing and use.

Rights of the data subject

If the legal requirements are met, you are entitled to the following rights in accordance with Articles 15 to 20 of the GDPR: right to information, to correction, to deletion, to restriction of processing, to data portability.

In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to processing based on Art. 6 Para. 1 f GDPR, as well as to processing for the purpose of direct advertising.

Right to lodge a complaint with the supervisory authority

According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that your personal data is not being processed lawfully.

Right to object

If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 Paragraph 1 Letter f of the GDPR, you have the right to object to this processing at any time with future effect for reasons arising from your particular situation.

After an objection has been made, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.