Terms and Conditions
General Terms and Conditions for Consumers
I. Validity of the conditions
Our following terms and conditions apply to each order placed by a consumer and are the content of the contract, unless expressly agreed in writing. They shall also apply to all future business relationships, even if they are not expressly agreed again. The customer declares his agreement with these terms and conditions at the latest when submitting a binding purchase offer. Counter-confirmations of the buyer with reference to his business or purchasing conditions are hereby expressly objected to. The publication of these terms and conditions invalidates all previous agreements.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity. Deviating terms and conditions apply to traders.
II. Cancellation policy
You have the right to revoke this contract within fourteen days without giving any reasons.
The period of revocation shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (Matthies Spielprodukte GmbH + Co. KG, Kurt-A.-Körber Chaussee 64, D 21033 Hamburg, Germany, tel.: 040/735 85 09, e-mail: office
@living-puppets.de) by means of a clear declaration (a letter sent by post, a fax or an e-mail ) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will refund to you immediately all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-days deadline.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to an unnecessary handling of the goods, for which it is not necessary to check the quality, characteristics and functions oft the goods.
III. Service description
We sell high-quality hand puppets and in addition, the high toy safety standards according to EN 71 underlines the quality of Living Puppets® products. All dolls/hand puppets are scrutinized by an independent testing Institute. Further details can be found in the respective product description on our website.
All offers are subject to change without notice. Mistakes, errors and changes excepted. Specified delivery dates are non-binding. Events of any kind, for which we are not responsible: strikes at our suppliers and other causes that prevent us from fulfilling the agreed delivery obligations, entitle us to withdraw from the contract or delay performance, provided that we inform you immediately of the unavailability and reimburse you immediately for any counter-performance. Any further damage claims of the purchaser shall be excluded. This does not apply to intent and gross negligence.
All prices are quoted in Euro including the respective statutory value added tax. The packaging and shipping costs are to be taken from the respective offer and refer to the dispatch within Germany or - if offered - within the European Union.
VI. Conclusion of contract, delivery
1. Contracting party, declarations of intent
The contract is concluded between the customer and Matthies Spielprodukte GmbH + Co KG,
Kurt-A.-Körber-Chaussee 64, D 21033 Hamburg, Germany, tel.: 040/735 85 09, e-mail:
@living-puppets.de. Declarations of intent are binding. The delivery shall only be made in normal household quantities.
2. Ordering process via our website
a. Shopping cart
You can place the product (s) you have selected in your shopping cart. Further in the order process you enter your data and wishes regarding payment and delivery. You can review the summary of your selection before submitting a legally binding purchase offer on another page.
An order placed by telephone will only become a legally binding purchase offer if you confirm it by e-mail after we have sent you an order confirmation. It is therefore not possible to place an order by telephone without a valid e-mail address.
b. Ordering with customer account
By registering at www.living-puppets.de, you consent to the storage of your entered data on our server. These are then available for you in the login of further purchases.
c. Order without customer account
d. Select payment and shipping method
Select your payment and shipping method as offered in the order process.
e. Complete order process
Before you complete the order process, please check your details and product selection once again.
You accept these conditions by setting the mark in the selection box. Please read them carefully before placing your order. You can only proceed with the order if you agree setting a check mark.
Our order confirmation does not yet constitute an acceptance of your purchase offer. We declare these by sending the goods or the invoice. We are entitled to reject the offer without giving any reasons.
f. Order and individual expert advice
If you wish individual expert advice placing your order or for immediate delivery information, our Living Puppet Team is looking forward to helping you personally. Please call us at the tel. number 040-7358509 – Monday to Thursday from 9am to 5pm/Friday from 9am to 4pm.
g. Delivery period and delivery time
(i) The term of delivery shall be understood being the period between the day on which the order is placed by the consumer and the day of delivery, in the case of advance payment, the period between the day on which payment is received and the day of delivery.
We deliver immediately available articles within 2 to 4 workdays (Monday-Friday) with the GLS package shipment (within Germany). There is no delivery on Sundays and public holidays. If the last day of the period falls on a Saturday, Sunday or a recognised public holiday, the next working day shall replace the holiday. We generally ship daily on weekdays Monday to Friday.
The delivery times for foreign countries can be found here:
|Country:||Delivery time |
|6 working days|
|7 working days|
|9 working days|
h. Delivery and shipping costs
Depending on the size of your order, we choose to ship by GLS or DHL.
Matthies Spielprodukte GmbH & Co. KG ships throughout Europe.
Deliveries to non-European countries must be agreed individually. Any customs duties incurred shall be borne by the consignee.
Please refer to the table below for our costs. The prices are per package.
|Ab 80 Euro Rechnungswert versandkostenfrei, sonst 6,50 €|
|Innerhalb der EU-Länder 17,00 €|
|Europäische Nicht-EU-Länder 21,99 €|
|Worldwide 29,99 €|
i. The easy way to return goods to Matthies Spielprodukte GmbH & Co.
- If possible, repack the item in its original packaging;
- Fill in the return note;
- Put all items together with the return note in the package;
- Attach the enclosed return label to the package;
- Finally, hand it addressed to your postal branch.
Insofar as we voluntarily take back goods, for example because a revocation has not been declared effectively, you shall bear the direct costs of returning the goods.
The same applies if the delivered goods correspond to the ordered goods and the price of the returned goods does not exceed € 40. Otherwise, the return shipment is free of charge for you.
j. Retroactive calculation of postage and shipping costs
The costs for the return shipment will be borne by you, unless an effective revocation has been declared. Should you have received our delivery without calculation of the postage and shipping costs because of the total invoice value, could, after returning parts of our delivery, the total invoice value (invoice minus credit note for the returned articles) of your purchase be less than 80 €. In that case you have to pay the shipping costs. The costs of the return shipment will be borne by you, unless an effective revocation has been declared.
1. Advance payment
If you choose the payment method "prepayment", you will receive an invoice after acceptance of your purchase offer, if possible in electronic form. After receipt of payment we will ship your goods.
If you choose the payment method "PayPal", you can pay via your existing PayPal account. Overpayments will be expressly refunded in case of non-acceptance of your purchase delay.
3. Credit card
If you choose the "credit card" payment method, we will debit the invoice amount from your Mastercard, Maestro, Visa Electron or Visa after acceptance of your purchase offer. The data transfer takes place via an SSL-encrypted connection.
If you choose the payment method "purchase on account", you assure your solvency and willingness to pay within 30 days after receipt of invoice. You will receive the invoice immediately after acceptance of your purchase offer. If the payment deadline is exceeded, you will also be in default without reminder and we are entitled to charge the statutory default interest as well as flat-rate reminder costs for an amount of € 3.00 per reminder.
5. Direct debit
If you choose the payment method "direct debit", you can insure your solvency and willingness to pay within 30 days after receipt of the invoice. You will receive the invoice immediately after acceptance of your purchase offer. If the debit note is not honoured, we are entitled to assert claims for damages.
6. Common provisions
Payment is to be made to us without any deduction; any bank costs incurred are to be borne by the buyer. The buyer shall only be entitled to offset, withhold or reduce the purchase price if we expressly agree to this or if counterclaims have been established in a legally binding manner. The buyer is aware that third parties are involved in the payment process. The claim can be assigned to these or other third parties for collection.
VIII. Retention of title
We reserve the right of ownership of the delivered goods until the full payment of all receivables is made, irrespective of the legal reason.
IX. Warranty and guarantee conditions
The statutory warranty provisions apply (subsequent performance, remedy of defects/new delivery as well as - if the legal requirements are met - the further claims for reduction or withdrawal as well as in addition for damages, including compensation for damages instead of fulfilment and reimbursement of your futile expenses).
If there is a defect, please contact us at short notice. The goods received must be stamped and carefully packed and sent to us for inspection. Shipments returned freight collect will not be accepted by us. If there is a justified complaint, we will refund the postage with the cheapest shipping method.
We reserve the right to make reasonable technical and design changes or deviations from descriptions and specifications as well as model, construction and material changes due to technical development.
We are not obligated to comply with any warranty claims that:
- damage caused by improper handling
- are due to inadequate or incorrect care
- are due to interventions or changes on the part of the buyer or third parties in the object of purchase
- show signs of wear or natural wear and tear
X. Transport damage
The buyer will check the delivery. In case of externally recognizable transport damage, the buyer can refuse acceptance. If he accepts the goods, he is obliged to note transport damages on the shipping documents and have them acknowledged by the deliverer. In any case, he shall support Madespo e. K. to the best of his ability in asserting claims against the Transport Company or transport insurance company concerned, in particular by providing the necessary information without delay and keeping the packaging. In the event of externally undetectable damage, he will inform Madespo e. K. immediately and await their instructions. Legal claims, in particular warranty claims, remain unaffected.
XI. Limitation of liability
We shall be liable without limitation for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty as well as for other damages resulting from an intentional or grossly negligent breach of duty as well as malice. In addition, we shall be liable without limitation for damages which are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of guarantees.
We shall not be liable for such damages which are not covered by the preceding paragraph and which are caused by simple or slight negligence, insofar as this negligence concerns the violation of contractual obligations, the fulfilment which makes the proper execution of the contract possible in the first place and on whose observance the buyer may regularly rely (so-called cardinal obligations). However, our liability is limited to foreseeable damages typical for this type of contract.
We shall be liable in case of slightly negligent breaches of such contractual obligations which are not covered by either the first or the second paragraph above (so-called insignificant contractual obligations) to consumers, only in case they are foreseeable damages typical of the contract. Any further liability is excluded.
XII. Use of our website
The use of our website is only permitted for the intended purpose. Deliberate misentries, attacks or other activities that go beyond information about us and our products and the order are not permitted.
The use of electronic communication involves risks. In particular, third parties may obtain knowledge of the content of the communication or redirect or falsify messages. Despite these risks, the customer expressly consents to the use of electronic communication.
XIII. Exclusion of liability for external links
Insofar as we refer to our pages with links to other pages on the Internet, the following applies: we have no influence whatsoever on the design and content of linked pages. We therefore expressly dissociate ourselves from all contents of all linked pages of third parties and do not adopt these contents as our own. This declaration applies to all displayed links and to all contents of the pages to which links lead.
XIV. Protection of privacy
XV. Choice of law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the extent that no mandatory provisions of the law of the State of residence are in conflict with the exclusion of the UN sales law (CISG).
Place of jurisdiction and place of performance shall be in accordance with the provisions of the Civil Procedure Code and the Civil Code.
The relevant contractual language is German.
If the buyer does not have a general place of jurisdiction in Germany, the place of performance and place of jurisdiction is the registered office of the seller.
XVI. Partial invalidity
Should individual provisions of these terms and conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. The contracting parties shall replace them with a provision that comes as close as possible to the economic purpose of the original provision. This also applies to any gaps that may need to be filled in.
XVII. Provider identification
Matthies Spielprodukte GmbH + Co. KG, Kurt-A.-Körber-Chaussee 64, D 21033 Hamburg, Germany,
tel.: 040 735 85 09, e-mail: office