Terms of Service
§ 1 Scope
(1) These General Terms and Conditions (hereinafter: "GTC") apply, in the version valid at the time of conclusion of a contract, to all contracts for the delivery of goods or the provision of vouchers that a consumer concludes via the website of Edurino GmbH, Kellerstraße 29, 81667 Munich ("Seller" or "Edurino"). Buyer and Seller together are hereinafter referred to as "Parties".
(2) The buyer’s general terms and conditions shall not be recognized unless the parties have expressly agreed otherwise in writing.
(3) All contracts between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, shall remain unaffected.
§ 2 Services
(1) The term "online shop" refers to the electronic ordering system accessible via the seller's website as stated in the legal notice. The buyer can select goods, add them to the shopping cart, and complete the order. A user account can be created by saving personal data (e.g., email address and password) for future orders, or an order can be placed via guest checkout. An account ("customer account") can be created in the online shop to save personal and contact information for future orders.
(2) If the buyer purchases an Edurino figure in the online shop or through a third party, a separate account ("user account") is required to use the figure and the associated app. There are initially no additional costs associated with a user account. A user account can be created free of charge when launching the Edurino app on the respective mobile device. Both parent access (or access for legal guardians) and separate access for one or more children must be created.
(3) Game progress can be saved on Edurino's servers via the user account to protect it against data loss and to allow access to game progress on different devices. Furthermore, the user account records children's performance data, and the difficulty level of the games and learning tasks is adjusted to the children's abilities. Additionally, parents or guardians can be informed about their children's performance development or preferences when using Edurino games, provided they consent. These services available via the user account are referred to as "online services." The game can also be used without an internet connection after initial registration.
(4) As part of the further development of Edurino's offering, additional services will be made available via the user account in the future, about which Edurino will inform the user separately.
(5) The app required to use the Edurino figures can be obtained free of charge from the respective app stores of Google, Apple, and Amazon. Edurino will regularly update the app, particularly after operating system updates for iOS and Android, within a reasonable timeframe to ensure ongoing compatibility with the current operating systems.
(6) The obligation to update shall end at the latest with the end of the statutory warranty period for the purchase of Edurino figures.
(7) Permanent availability of the online services provided within the user account cannot be guaranteed; in particular, these services may be interrupted by maintenance work. Edurino will announce such maintenance work – where possible – with reasonable advance notice on its website. Edurino will notify users of any unavailability lasting more than one day by email. On average, the online services should be available 95% of the time.
§ 3 Conclusion of Contract
(1) When placing an order via the online shop, the buyer submits a legally binding offer by completing the order process by selecting goods in the shopping cart, accepting these terms and conditions, and clicking the "Order" or "Buy" button. The seller accepts the offer when the buyer pays via an electronic payment method of a payment service provider, sends the buyer an order confirmation by email, or when the ordered goods are delivered to the buyer.
(2) When setting up the user account, the customer submits a corresponding offer by clicking the "Create a free account" button, which is accepted by Edurino by activating the user account after verification of the email address.
§ 4 Right of withdrawal
Consumers have a statutory right of withdrawal when purchasing goods via the online shop, about which the seller provides information on its website during the ordering process. Information and a sample withdrawal form can be found on the seller's website and in the appendix to these Terms and Conditions under "Cancellation Policy". The cancellation policy and the sample withdrawal form will be sent to the buyer in text form via email immediately after conclusion of the contract or, at the latest, as a printed copy with the delivery of the goods. The seller does not grant a voluntary right of withdrawal to businesses.
§ 5 Duty of care for the customer and user account
(1) Anyone who registers a customer account or a user account (hereinafter collectively referred to as "account") is responsible for protecting it from unauthorized access. Otherwise, there is a risk that the account will be used for fraudulent orders or in any other unauthorized manner. The account holder must ensure that unauthorized persons cannot access their PC or mobile device (e.g., mobile phone, tablet) and that they alone know the password for the account.
(2) The seller therefore recommends using an email address for your account that is used only for that customer account. In addition, a secure password of at least eight characters should be saved, consisting of random sequences of numbers and letters and, if necessary, special characters, and used exclusively for that customer account.
(3) Should the customer become aware that unauthorized access to the email address for the customer account or to the customer account has been attempted or has taken place, he shall inform the seller immediately by email.
§ 6 Prices and shipping costs
When goods are shipped, additional shipping costs apply, possibly as a flat shipping fee. These are displayed on the website and shown at the end of the ordering process. Prices generally include the applicable statutory value-added tax.
§ 7 Payment Options
(1) The seller may offer different payment options. The following payment providers are examples and may be limited or added at any time.
(2) Klarna:
The seller offers payment options in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"). The buyer pays Klarna in each case:
Payment by invoice: The payment term is 14 days from the date of shipment. The invoice terms and conditions can be found here .
Payment via instant bank transfer: Immediately after the buyer clicks on "Order", their account will be debited.
Payment by direct debit: After the goods have been shipped, the buyer's account will be debited. The buyer will be notified of the exact date via email.
Klarna's general terms and conditions for the aforementioned payment methods are incorporated into this contract.
The use of payment methods such as invoice, installment purchase, and direct debit requires a positive credit check. The buyer's personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's privacy policy .
(2) Apple Pay:
The goods can also be paid for via Apple Pay. Payment is made via iPhone, Apple Watch, Mac or iPad.
Using Apple Pay requires the buyer to have initially linked their account information to their Wallet app. During checkout, the buyer then selects Apple Pay as the payment method. Apple Pay can be linked to both credit and debit cards. The buyer must then confirm the Apple Pay payment by entering their Face ID, PIN code, or Touch ID. On a MacBook Pro, the order must be confirmed using Touch ID on the Touch Bar. If the buyer is using a MacBook or a Mac without a Touch Bar, their iPhone or Apple Watch will handle the ID verification process. Important: All devices must use the same iCloud account, and Apple Pay must first be activated in the Wallet app. More information about which devices and browsers are compatible with Apple Pay can be found here .
(3) Payment by credit card:
The buyer can also pay with MasterCard and Visa credit cards. Credit cards from Germany, EU countries, and Switzerland are accepted. Payment is also possible with MasterCard and Visa debit cards. The credit card will only be charged upon delivery of the goods. Deliveries are generally only possible to the cardholder's address. If the delivery address differs, or if address verification is not possible, the seller will contact the buyer.
The seller supports the MasterCard SecureCode and Verified by Visa security procedures. The 3-D Secure procedure offers the buyer additional security through the use of a personal security code. If the buyer's credit card supports the 3-D Secure procedure, after entering their card details, they will be automatically redirected via the payment service provider Saferpay to a page of their bank, the appearance of which is beyond the seller's control. On this page, the buyer will also be asked to enter their SecureCode: for Visa cards, this is the Verified by Visa password, and for MasterCard cards, it is the MasterCard SecureCode password.
(4) PayPal:
When payment is made via "PayPal," the payment processing is handled by the service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg (hereinafter: "PayPal"). The PayPal Terms of Use apply to the payment processing, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full for PayPal customers or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full for customers without a PayPal account. When the buyer completes the order by clicking "Pay" or a similar button in the payment process offered by PayPal, the seller thereby declares acceptance of the offer.
§ 8 Transport damage
(1) The following applies to consumers: If goods are delivered with obvious transport damage, buyers are requested to report such defects immediately to the delivery person and to contact the seller immediately. Failure to report such defects will have no consequences for the consumer. Only if the complaint is properly reported can the seller assert their claims against the carrier.
(2) The following applies to businesses: The risk of accidental loss or accidental damage passes to the business as soon as the seller has handed the goods over to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment. For merchants as defined in Section 1 of the German Commercial Code (HGB), the duty to inspect and give notice of defects as set out in Section 377 of the HGB applies.
§ 9 Warranty for purchases via the online shop
(1) The warranty period is two years from the date of delivery of the goods to the buyer.
(2) The customer is entitled to the statutory warranty rights.
§ 10 Liability
The seller is liable – except in cases of breach of essential contractual obligations, injury to life, body or health, or claims under the Product Liability Act – only for intent and gross negligence. In cases of negligently caused property damage and financial loss, the seller and its agents are liable only for breaches of essential contractual obligations, and even then, only up to the amount of damages foreseeable and typical for this type of contract at the time of its conclusion. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on which the customer may rely.
§ 11 Termination of the user account
(1) The user may terminate their user account at any time with immediate effect. Already activated game characters can generally continue to be used, however, online services such as the transfer of game progress to other devices, the saving of game progress by Edurino, the adjustment of difficulty levels to individual performance, and information about learning progress will then no longer be available.
(2) Edurino may also terminate the user account at any time with four weeks' notice without stating reasons. In this case, Edurino will ensure that the use of the purchased figures and the associated apps, once activated, remains possible. However, the restrictions set out in paragraph 1 also apply in the event of termination by Edurino.
(3) Termination for good cause remains unaffected for all parties.
§ 12 Alternative Dispute Resolution
The seller points out that the EU Commission's online dispute resolution platform can be accessed here : https://www.ec.europa.eu/consumers/odr . The seller does not participate in this dispute resolution procedure.
Section 13 Notice regarding the Consumer Dispute Resolution Act
The seller is not prepared to participate in a dispute resolution procedure within the meaning of Section 36 of the Consumer Dispute Resolution Act (VSBG).
Right of withdrawal
The following information concerns the right of withdrawal for consumers when purchasing from the online shop:
Cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason.
The cancellation period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us, EDURINO GmbH, represented by Franziska Meyer and Irene Klemm, Kellerstraße 29, 81667 Munich, kundenservice@edurino.com, by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. EDURINO will voluntarily cover the return shipping costs if you use the return label provided by customer service. You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
Sample cancellation form
If you wish to cancel the contract, please fill out the following sample form and send it to us.