Terms & Conditions of Sale
spielgaben.com is owned and operated by Kidsground Pty Ltd (ABN 24 157 855 573), trading as Spielgaben. As you access, browse and use our network you agree to all the Terms and Conditions contained herein, and agree that you acknowledge and understand them.As a valued customer of our web site, please ensure that you read these Terms and Conditions prior to both the use of this site and the purchase of products from the site. If you require clarification of the meaning of any of these Terms and Conditions, contact Spielgaben prior to ordering any goods or products.
Acceptance of the Terms and Conditions
The Spielgaben Web Site is owned and operated by Kidsground Pty Ltd, trading as Spielgaben (“Spielgaben”). To use or browse this site you must be over eighteen (18) years of age. As such, by accessing, using or browsing this site, you acknowledge and agree to the terms and conditions, as well as any relevant disclaimers contained herein. Further, by continuing you acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this web site you agree to be bound by these Terms and Conditions.Spielgaben reserves the right to change any or all of the information contained herein at any time and you should constantly check current terms and conditions
All product prices and delivery charges are shown in US Dollars. Your payment card company will perform any currency conversion.
The Company reserves the right to vary the prices without prior notification. Published and quoted prices are (unless otherwise indicated) for the sale of goods or provision of services exclusive of any applicable goods and services tax and any applicable taxes and duties and insurance of goods.
Import Duties and Taxes
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes Spielgaben to import the goods on his behalf. Further, the consignee/buyer agrees that Spielgaben may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
The Company’s product is one of continuous development, and the Company therefore reserves the right to improve, change, alter or discontinue specifications without prior notice. All illustrations and samples are intended as approximate representations only and are not binding in detail with regard to finishes, colour, shades, materials, design and other specifications. To the maximum extent permitted by law, the Company accepts no liability whatsoever for any loss or damage (including, without limitation, consequential loss or damage), directly or indirectly, arising out of or in connection with same.
Please ensure you do not knowingly transmit any material that may contain a virus or other harmful component. Only individuals who can make legally binding contracts may purchase goods and services from this site. These products and services are not available to anyone under the age of 18 years old. Spielgaben cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this web site, nor can Spielgaben guarantee that it will give notice of any illegal or inappropriate use of this web site.
Any order placed by you is in effect an offer by you to purchase a product for the price (including the delivery and other charges) specified in this web site. Spielgaben may accept or reject your offer for any reason, including, the unavailability of any product, an error in the price or the product description posted on this web site, or an error in your order. Your contract with Spielgaben will only come into existence when Spielgaben advises you that it has accepted your order and your receipt has been confirmed.Prices of products and services and delivery and other related charges as displayed are current at the time of issue, but may change at any time and are subject to availability. Similarly the availability of products and services may change from time to time. Please ensure that you supply the correct name, e-mail address, credit card, information and expiry date.
Orders for specially ordered, made or customised goods or services may not be cancelled, deferred or varied by the Customer without the prior written consent of the Company.
The Customer acknowledges and agrees that the Company may require full or part payment with order, prior to production or delivery.
In the event the scope, nature or extent of the work required to be undertaken by the Company to produce the goods or provide the services change (including, without limitation, as a result of the Customer not providing required specifications or other information in the prescribed form or within the required time frame, requesting special freight, provision of mock-up of goods, ordering special material, etc.) the Customer will be responsible for and pay for all extra costs and charges associated with the changes.
The Company shall be entitled to increase the price for specially ordered, made or customised goods and services if there is an increase in the cost to the Company of supplying the goods or services due to changes in the costs of labour, materials, production, transport, duty, exchange rate fluctuations or other increases in the cost to the Company of supplying the goods or services.
Spielgaben will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from the distribution centre. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency.
Loss or Damage in Transit
Spielgaben is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods or products caused by any event of any kind by any person, whether or not Spielgaben is legally responsible for the person who caused or contributed to that loss.
Exclusion of Negligence
Spielgaben is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:1.the performance of the product; 2.any fact, matter or thing relating to the products; or 3.any error in information supplied to the buyer or a user at or after the date of the purchaser’s or user’s use of the product.
Delivery times given on this web site are indicative only. Spielgaben will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from this web site once that commitment has been made for any reason, including without limitation, due to any delay in delivery.If however, delivery has not been affected after 30 days from the indicative delivery date the customer may treat the failure to deliver as a terminating contractual event.If Spielgaben does not have the particular products in stock, Spielgaben will contact you, the buyer, and informing of the general date of availability. If you, the buyer, are unhappy with that Spielgaben undertakes to refund the money.
At Spielgaben we want you to be completely satisfied with your purchase so our returns policy has been designed to make dealing with Spielgaben as easy as playing Spielgaben.
BEFORE YOU RETURN,
1. Retrieve your order number (refer top of the Spielgaben Sale Confirmation Email)
2. Make sure the product is original condition
3. Make sure it is able to be returned in its original box or packaging
4. Make sure you have the Spielgaben receipt received with the goods.
RETURNS Product can be returned for a full refund or credit excluding shipping cost via; Return post the goods to the warehouse the product was originally sent from (within 15 days of purchase) with all documentation enclosed. Providing the goods are returned with the purchase receipt, as new (have not been used) condition in their original box, a refund will be processed by our interactive sales team within 48 hours of goods being received and in the same tender as the original payment. Please note that dependant on your bank; refunds may take up to 5 business days to clear.
Replacement Warranty Terms
1. Subject to the terms and conditions set out below, Spielgaben agrees to repair or replace the Product which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with Spielgaben’s specifications during: The Standard Warranty period of 20 days commencing on the date of delivery of the Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
2. The benefits provided to you by this contractual product warranty are in addition to other rights and remedies available to you under the law.
3. Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Warranty.
4. Spielgaben requires any customer requesting service under the Warranty to comply with directions from Spielgaben staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
5. Where Products are already faulty or damaged upon delivery, photographic evidence of the damage must be submitted to Spielgaben Support via email before the Product will be repaired or replaced in accordance with these terms.
6. Spielgaben reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. If Spielgaben is unable to repair or replace the Product, the customer will be provided with credit for Spielgaben’s store or may be refunded the price of the Product (at Spielgaben’s election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.
7. In the event that a replacement, refund, or store credit is provided as per section 6, the faulty item will become the property of Spielgaben.
Your ability to purchase products and services from this web site may be terminated at any time by Spielgaben without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Spielgaben will survive termination.Should you object to any of these Terms and Conditions, including any subsequent amendments, you must immediately discontinue use of this site.
Advertising, Hyperlinks and Offers
The site may have third party advertisements, referral buttons and other pointers to websites operated by third parties. Spielgaben has no control over these sites and is therefore not responsible for any materials and contents linked to our website. Spielgaben does not endorse any of these sites or their advertising and is not responsible for any goods you purchase from them.
Comments, Feedback and Submissions
Spielgaben welcomes your feedback regarding this web site, as well as its products and services. Any information, concepts, ideas, comments, materials, suggestions or comments sent to Spielgaben will not be treated as confidential information and by submitting such information you are granting Spielgaben an unrestricted license to use, display, modify, reproduce, transmit and distribute such information for any purpose whatsoever. Unless required by law, Spielgaben will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
While Spielgaben has endeavoured to display accurately the colours of products, the actual colours you see will depend on your monitor and may not be accurate.
The Spielgaben web site design, text, images, graphics, logos, buttons and arrangements are copyright by Spielgaben. We reserve all such rights. The content on this web site is the property of Spielgaben and protected by copyright law. At the discretion of the owners, and only upon written permission, will permission be granted to any other party to electronically copy and print portions of the Spielgaben web site for the sole purposes of placing an order with Spielgaben or using the same as a shopping resource. Any other use of materials on this web site without expressed permission by Spielgaben is prohibited.The owners of this web site warrant they are the owners of the copyright as contained in this Site.
The user of this web site shall at all times keep the owners and proprietors, employees and subcontractors, of this web site indemnified from and against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against the owners and proprietors, employees and subcontractors, or in which the owners and proprietors, employees and subcontractors, may be involved in consequence of or relating to the manufacture, production, provision or supply of the goods by the user. This indemnity will extend to all costs, damages and expenses incurred by the owners and proprietors, employees and subcontractors in connection herewith.
In the event the owners and proprietors of this web site learn of any infringement or threatened of any of the intellectual property rights under this agreement or any common law passing-off by reason of imitation of get-up or otherwise, the owners and proprietors of this site shall have the right, at the licensee’s expense to institute and prosecute such an action in the company’s name.
The governing law shall be the law of the State of Victoria and the parties submit to the jurisdiction of that State.
Spielgaben provides this site on an as-is basis and makes no representations of any kind for the operation of the web site, as well as for all information, products, materials and services as associated. To the extent of permissible law, we disclaim all warranties and representations. Spielgaben does not warrant that any information available on the Spielgaben web site is accurate, current or complete.Spielgaben is not liable in any way for any damages arising from the use of this site. This limitation of liability applies to damages of any kind, including direct, indirect and incidental, loss of income, profit, data, property and claims by third parties.
Spielgaben is in no manner affiliated with either Froebel USA or Ren Hen LLC. All copyright relating to images, video and text displayed on this website are the sole property of Spielgaben
The Internet is a hostile environment with global resources. As such, Spielgaben Pty Ltd, trading as Spielgaben, maintains highly regulated security policies and procedures to all external and internal communications of Spielgaben. All protocols use communication techniques that employ widely accepted error detection and/or recovery mechanisms. We have a secure connection that ensures that the information transmitted is safeguarded. We use Secure Socket Layer (SSL) 128bit encryption technology to encrypt the information sent from your computer to our computer so that nobody can decode it, intercept it or read it. This way we ensure your privacy is kept.