Terms and Conditions
General terms and conditions of business
1. GENERAL
The following terms and conditions apply to all orders placed by the customer with FuchsundKiwi.de (hereinafter referred to as "us" or "we").
Orders can only be placed upon acceptance of the Terms and Conditions and the Cancellation Policy. We reserve the right to change the Terms and Conditions at any time without prior notice. Please read our Terms and Conditions and Cancellation Policy carefully before placing an order.
Only adults with a residential address in Germany, Austria or Switzerland can place orders with us.
The availability of our goods does not guarantee that these products will be available at all times. We reserve the right to discontinue any product at any time.
2. ORDERING / CONCLUSION OF CONTRACT
Upon completing your order, you will first receive an order confirmation at the email address you provided. If, for any reason, we are unable to fulfill the order, we will notify you as soon as possible. A legally binding purchase agreement is ultimately formed upon receipt of the order confirmation.
The ordering process via our online shop comprises the following steps. In the first step, you select the desired goods. In the second step, you enter your customer data, including billing address and, if applicable, a different delivery address. Next, you select your preferred payment method. In the final step, you have the opportunity to review all information (e.g., name, address, payment method, ordered items) and correct it if necessary before submitting your order by clicking 'Submit Order'.
3. RETENTION OF TITLE
The requested goods remain our property until all claims have been settled in full.
4. PRICES AND SHIPPING COSTS
All prices are final prices including VAT. The VAT rate depends on the destination country and is currently:
- in Germany: 19%
- in Austria: 20%
- in Switzerland: not included
Shipping is only possible to addresses in Germany, Austria and Switzerland.
Shipping costs depend on the shipping address and are independent of the package's size and weight. Shipping costs within Germany are €5.90 per order.
Shipping to Austria costs €11.50 per order. Shipping to Switzerland costs €16.50 per order.
5. DELIVERY
Unless an expressly binding delivery date has been agreed upon, our delivery dates and delivery periods are exclusively non-binding information that refers to our working days from Monday to Friday.
The commencement of the delivery period specified by us is contingent upon the timely and proper fulfillment of the customer's obligations. The right to assert the defense of non-performance of contract remains reserved.
The customer may, one week after the expiry of a non-binding delivery date/delivery period, request in writing that we deliver within a reasonable timeframe. Should we culpably fail to meet an express delivery date/delivery period or be in default for any other reason, the customer is obligated to grant us a reasonable grace period to fulfill our obligations. If we allow this grace period to expire without fulfillment, the customer is entitled to withdraw from the purchase agreement.
If the customer defaults on acceptance or culpably breaches other obligations to cooperate, we are entitled to claim compensation for the resulting damages, including any additional expenses. Further claims remain reserved. The customer, in turn, reserves the right to prove that no damage occurred at all or that the damage was significantly less than the amount claimed. The risk of accidental loss or accidental deterioration of the purchased goods passes to the customer at the moment they default on acceptance or payment.
Other legal claims and rights of the customer due to a delivery delay remain unaffected.
6. Right of withdrawal, exchange and return
6.1 STATUTORY RIGHT OF WITHDRAWAL
CANCELLATION POLICY
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins upon receipt of your order. You can exercise your right of withdrawal either in writing or simply by returning the goods. Please note that the goods must be returned in their original condition, i.e., unwashed, unworn, and unaltered.
Returns or written cancellations by letter should be sent to:
Fuchs & Kiwi GmbH
Glasower Str. 44-47
12051 Berlin
Or send us a written cancellation by email to:
info@fuchsundkiwi.de
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery charges (excluding any additional costs incurred if you chose a delivery method other than our standard delivery option), without undue delay. Reimbursement will be made no later than 14 days from the day on which we receive your notification of withdrawal.
For this refund, we will use the same payment method you used for the original transaction. Under no circumstances will you be charged any fees for this refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods back or you have provided proof of return shipment, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from the contract. The deadline is met if you send the goods before the 14-day period has expired.
You are responsible for the direct costs of return shipping. For all returns, please choose insured shipping, as we are not liable for any loss or damage incurred during transit. If you choose to return items cash on delivery, please note that we reserve the right to charge you for any costs incurred or to refuse acceptance.
We will inspect the returned items for their condition and inform you of your entitlement to a refund of the amounts paid. The refund itself is considered positive notification.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for testing their condition, properties and functionality.
For orders over €127.00, you can receive free gifts in the form of our own products. Shipping is also free for orders over €120.00. Please note that if you return all or part of your order and the total value falls below the above threshold, the gift will be forfeited and must be returned to us. If the gift is not returned, we will assume you wish to keep it and will invoice you for it at the current price listed in our online shop. Partial returns also forfeit the free shipping offer. Shipping costs will be automatically deducted from your refund.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are made to customer specifications or are clearly tailored to personal needs or that are unsuitable for return due to their nature.
END OF THE CANCELLATION POLICY
6.2 DEFECTIVE ITEMS
Upon receiving the goods, please inspect them immediately for any visible errors or defects, such as incorrect item, wrong size, faulty fabric, etc. If, in exceptional cases, you have received a faulty or incorrect product, please contact us immediately. You can reach us by email at shop@fuchsundkiwi.de.
6.3 EXCHANGE
An exchange may be approved by customer service on a case-by-case basis as a gesture of goodwill. For questions regarding exchanges, please contact us by email at: shop@fuchsundkiwi.de . Exchanges are only possible within 14 days of delivery of the item in question. Reduced-price or custom-made items are generally excluded from exchange. If an exchange is granted, the item must be in its original condition (i.e., unwashed, unworn, and undamaged/unsoiled). Exchanges will be issued exclusively as replacement goods or a voucher at the discretion of our customer service.
6.4 Right of return
There is generally no right of return for any items.
7. PAYMENT TERMS
Choose how you would like to pay for your order. Please note that shipping costs may vary depending on the payment method selected. We offer the following payment options.
Pay in advance
If you place your order using the payment method 'prepayment', you will receive all the necessary payment information after order confirmation. Please transfer the invoice amount to our account within 10 days.
Pay by direct debit
Pay for your order conveniently by direct debit. Simply enter your payment information in your customer account and the amount will be automatically debited from your account.
Pay by credit card
Pay for your order easily and conveniently by credit card (Visa, MasterCard, American Express).
Pay via PayPal
Pay for your order easily and conveniently via the online payment provider PayPal, using the information stored in your PayPal account without having to re-enter your payment details. Further information about paying via PayPal can be found at : https://www.paypal-deutschland.de/privatkunden/
Pay by invoice
Simply pay for your order after receiving the goods. Important! This payment method is reserved for schools, government agencies, and companies registered in the commercial register, subject to verification.
8. CANCEL
You can cancel your order at any time before production begins. You will receive a full refund minus a €2.90 processing fee. The original payment method will also be used for the refund.
9. COLORS
We strive to accurately represent the characteristics of our products, including their composition and colors. However, color display can vary from screen to screen. For this reason, we cannot guarantee that your computer will accurately display the colors.
Please note that our children's clothing is lovingly handcrafted. Our product photos are for illustrative purposes only. Therefore, we cannot guarantee that details (such as buttons or zippers) will match the product photos in color and shape. Furthermore, color variations may occur within the raw materials (fabrics, buttons, etc.). These variations are due to production processes at third-party manufacturers and cannot be completely ruled out by us. We hereby inform you that color variations may occur between different items.
10. WARRANTY
The warranty is governed by statutory provisions. If the subject of the purchase agreement is used goods and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
11. STORAGE OF THE CONTRACT TEXT
The contract text of your order will be saved automatically. You can print it before submitting your order to us by selecting 'Print' in the final step of the ordering process. We will also send you an order confirmation and an order acknowledgement with all order details and our terms and conditions to the email address you provided.
12. DATA PROTECTION
When initiating, concluding, processing, and reversing a purchase agreement, we collect, store, and process your data in accordance with legal regulations. When you visit our website, the IP address currently used by your computer, the date and time, your browser type and operating system, and the pages you viewed are logged. However, we cannot and do not intend to draw any conclusions about your personal data from this information.
The personal data you provide to us, for example when placing an order or via email (e.g., your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided the data. We will only share your data with the shipping company commissioned to deliver your order, insofar as this is necessary for the delivery of the goods. To process payments, we will share your payment details with the bank responsible for processing the payment.
We assure you that we will not otherwise disclose your personal data to third parties unless we are legally obligated to do so or you have given your explicit prior consent. Insofar as we utilize third-party services for the execution and processing of data, the provisions of the Federal Data Protection Act will be observed.
Storage duration
Personal data that has been communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Where commercial and tax law retention periods must be observed, the storage period for certain data may be up to 10 years.
Your rights:
Should you no longer consent to the storage of your personal data, or should it have become inaccurate, we will, upon your request and in accordance with legal regulations, arrange for the deletion, correction, or blocking of your data. Upon request, you will receive free information about all personal data we have stored about you. For questions regarding the collection, processing, or use of your personal data, or for information, correction, blocking, or deletion of data, please contact:
shop@fuchsundkiwi.de or to the owner listed in the legal notice.
13. COMPANY INFORMATION
Fuchs & Kiwi GmbH,
Glasower Str 44–47,
12051 Berlin,
Managing Director: Max Witte
Commercial Register: HRB 249368
Charlottenburg District Court
VAT ID: DE359095999
Tel. 030 - 24331872 (Monday-Friday 08:30 - 16:00)
info@fuchsundkiwi.de
January 2026