General Terms and Conditions

General Terms and Conditions with customer information

Scope of Application
Conclusion of Contract
Right of Revocation
Transfer of the Rental Object
Rent and Terms of Payment
Withdrawal from the rental contract / right of termination / cancellation
Deposit
Use of Rental Object, Transfer of Use to Third Parties
Obligations of the Renter
Changes to the Rental Object
Maintenance Obligation of the Lessor, Rights of the Renter in Case of Defects
Liability
Contract duration, Termination of Rental Agreement
Return of the Rental Object
Applicable Law
Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of DropKid - Frank Angermann & Marcus Weinreich GbR (hereinafter referred to as "Seller" or "Lessor") apply to all rental agreements concluded by a consumer or entrepreneur (hereinafter referred to as "Renter") with the Lessor with regard to the rental items shown on the Lessor's website. Herewith the inclusion of own conditions of the Renter is contradicted, unless it is agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. Conclusion of Contract

2.1 The rental items described on the Lessor's website do not constitute binding offers on the part of the Lessor, but serve to submit a binding offer for the conclusion of a rental agreement by the Renter.

2.2 The Renter may submit the offer via the online order form integrated into the Rental Firm's website. After having placed the selected rental items in the virtual shopping basket and gone through the electronic ordering process, the Renter submits a legally binding contractual offer with regard to the rental items contained in the shopping basket by clicking the button concluding the ordering process.

2.3 The Lessor may accept the offer of the Renter within five days,

by sending the Renter a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Renter is decisive, or
by leaving the leased object to the Renter, whereby the receipt of the leased object by the Customer is decisive, or
by requesting payment from the tenant after submitting his 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. If the Lessor does not accept the Renter's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Renter is no longer bound by his declaration of intent.

2.4 The period for acceptance of the offer shall commence on the day following dispatch of the offer by the Renter and shall end on the expiry of the fifth day following dispatch of the offer.

2.5 When submitting an offer via the online order form of the Lessor, the text of the contract is stored by the Lessor and sent to the Renter in text form (e.g. e-mail, fax or letter) together with the present General Terms and Conditions after sending his order. However, the text of the contract can no longer be retrieved by the Renter via the Lessor's website after sending his order.

2.6 Prior to binding submission of the order via the online order form of the Lessor, the Renter may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. The tenant can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

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

2.8 The order processing and establishment of contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him or her for order processing is correct so that e-mails sent by the Lessor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Lessor or third parties commissioned by the Lessor to process the order can be delivered.

3. Right of Revocation

3.1 Consumers are entitled to the right of revocation.

3.2 Detailed information about the right of revocation are provided in the Lessor’s instruction on revocation.

4. Transfer of the Rental Object

4.1 The rental object shall generally be handed over by way of shipment to the delivery address specified by the renter. The delivery address stated in the Lessor's ordering process shall be decisive, unless otherwise agreed.

4.2 If the transport company returns the rental object to the Lessor because it was not possible to deliver it to the Renter, the Renter shall bear the costs for the unsuccessful shipment. This shall not apply

if the Renter effectively exercises his right of revocation,
if he is not responsible for the circumstance which led to the impossibility of delivery, or
if he was temporarily prevented from accepting the service offered, unless the Lessor had announced the service to him for a reasonable period in advance.

4.3 Self-collection is not possible for logistic reasons.

5. Rent and Terms of Payment

5.1 The prices stated on the Lessor's website are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately on the Lessor's website.

5.2 The rent includes the remuneration for the transfer of the rental object as well as for its maintenance and repair.

5.3 Adjustments and/or changes made to the leased object at the request of the Renter shall be remunerated separately unless they are necessary for the maintenance or repair of the leased object or to ensure its contractual use.

5.4 The rent shall be invoiced as follows:

- The rent is to be paid in advance for the entire term of the contract, unless otherwise agreed. For the payment of the rent, the Renter may choose between different payment methods, which are indicated on the Lessor's website. Any additional delivery and shipping costs must be paid together with the rent.

6. Right of Revocation

6.1 In case of order cancellation, the following cancellation conditions apply:

• a cancellation up to seven calendar days before the start of the rental is free of charge

• a cancellation less than seven calendar days before the start of the rental period is 100% of the total amount

7. Deposit

7.1 In order to secure its claims, the Lessor reserves the right to require the Renter to provide a deposit, the amount of which is stated in the offer on the Lessor's website. The amount of the deposit to be provided by the Renter depends on the market value of the rental object. The deposit shall be paid in advance by the Renter in the same manner as the rent.

7.2 If the Renter returns the rental object at the end of the rental period in proper condition and with all accessories, the Lessor shall return the deposit paid by the Renter to the Renter within seven calendar days. For the refund of the deposit, the Lessor may use the same means of payment as that used by the Renter for the payment of the deposit.

7.3 If the Renter does not return the rental object in full or in a proper condition or if the rental object has been permanently lost, the Lessor shall retain the corresponding amount from the deposit to cover his damage, provided that the Renter is responsible for this. The Lessor reserves the right to claim higher damages if the deposit is not sufficient to cover the damage.

8. Use of Rental Object, Transfer of Use to Third Parties

8.1 The rental object shall be made available for exclusive use by the Renter. The rental object may only be used for the contractually agreed purposes.

8.2 The Renter is not entitled, without the Lessor's permission, to transfer the use of the Rental Goods to a third party, in particular to rent them out or lend them out.

9. Obligations of the Renter

9.1 The Renter shall treat the rental object with care and protect it from damage. He shall follow the Lessor's maintenance, care and use instructions to the extent reasonable. Markings of the rental object, in particular signs, numbers or inscriptions, may not be removed, changed or made unrecognizable.

9.2 In the event of damage, the Renter is obliged to hand over the data of his insurance (e.g. liability insurance or household insurance) to the Lessor. The Renter agrees that the Lessor may contact the respective insurance company of the Renter in the event of damage and solely for the purpose of settling the claim.

10. Changes to the Rental Object

10.1 The Lessor shall be entitled to make changes to the rental object if these serve the purpose of preservation. Measures for improvement may only be taken if they are reasonable for the Renter and do not impair the contractual use of the rental object. The Lessor shall inform the Renter of such measures in good time in advance. If the Renter incurs expenses as a result of these measures, these shall be reimbursed by the Lessor.

10.2 Changes and extensions to the rental object by the Renter require the prior consent of the Lessor. This applies in particular to extensions or fixtures as well as the connection of the leased object with other objects. Upon return of the leased object, the Renter shall restore the original condition at the request of the Lessor.

11. Maintenance Obligation of the Lessor, Rights of the Renter in Case of Defects

11.1 For the duration of the rental period, the Lessor shall be obliged to maintain the rental object in a condition suitable for use in accordance with the contract and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out at regular maintenance intervals and in the event of defects, malfunctions or damage. The Lessor shall be granted the necessary access to the rental object.

11.2 The Renter shall immediately notify the Lessor of any defects, malfunctions or damage.

11.3 Defects shall be repaired or repaired free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the consent of the Renter, the Lessor may replace the rental object or individual components of the rental object for the purpose of remedying the defect. The Renter shall not unreasonably withhold his consent to this.

11.4 Termination by the Renter in accordance with § 543 para. 2 sentence 1 no. 1 BGB due to non-granting of the contractual use is only permissible if the Lessor has been given sufficient opportunity to remedy the defect and this has failed. A failure of the removal of defects is only to be assumed if it is impossible, if it is refused or unreasonably delayed by the Lessor, if there are justified doubts as to the prospects of success or if for other reasons an unreasonableness for the Renter is given.

11.5 The rights of the Renter due to defects are excluded if the Renter makes or has made or has somebody make changes to the rented object without the consent of the Lessor, unless the Renter proves that the changes do not have any effects on the analysis and elimination of the defect that are unreasonable for the Lessor. The rights of the Renter due to defects shall remain unaffected if the Renter is entitled to make changes, in particular within the scope of exercising the right of self-clearing pursuant to § 536a Para. 2 BGB, and these changes have been professionally executed and documented in a comprehensible manner.

12. Liability

12.1 The strict liability of the Lessor according to § 536a para. 1 BGB (German Civil Code) for defects which already existed at the time of the conclusion of the contract is excluded.

12.2 Otherwise, the Lessor shall be liable to the Renter for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

12.2.1 The Lessor shall be liable without limitation for any legal ground whatsoever

in case of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise agreed, due to mandatory liability such as under the Product Liability Act.

12.2.2 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Lessor according to its content in order to achieve the purpose of the contract, the fulfillment of what is essential for the proper execution of the contract and the observance of which the Customer may regularly rely on.

12.2.3 Any further liability on the part of the Lessor is excluded.

12.2.4 The aforementioned liability provisions shall also apply with regard to the Lessor's liability for its vicarious agents and legal representatives.

13. Contract duration, Termination of Rental Agreement

13.1 The rental relationship is concluded for a limited period of time and ends automatically upon expiry of the agreed rental period. The rental period shall be communicated to the Renter on the Lessor's website.

13.2 The rental period begins with the transfer of the rental object to the Renter.

13.3 The right of the Renter to extraordinary termination pursuant to § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to non-granting of the contractual use as well as the right of each party to extraordinary termination for good cause shall remain unaffected.

13.4 Termination requires text form (e.g. e-mail) to be effective.

14. Return of the Rental Object

14.1 Upon termination of the contractual relationship, the Renter shall return the rental object to the Lessor in proper condition.

14.2 The Renter shall reimburse the costs for the restoration in the event of damage or defects to the rental object for which he is responsible.

14.3 If the Renter is obliged under the contract to return the rental object, he shall bear the costs for the return transport of the rental object, unless otherwise agreed.

14.4 If the agreed rental period is exceeded, the Renter shall be obliged to pay the Lessor an amount corresponding to the agreed rental rate for each day of exceeding the agreed rental period. The Lessor expressly reserves the right to assert further claims for damages.

15. Applicable Law

15.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

15.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

16. Alternative Dispute Resolution

16.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

16.2 The Lessor is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.