Terms of Service

Welcome to Daniel Kasparek, a business operating online at qgnixd.com and from our physical location at Bergstraße 159, 45770 Marl, Germany, specializing in high-quality children’s toys. These Terms of Service (“Terms”) govern your use of our website, purchase of our products (online or in-person), and interaction with our services. By accessing qgnixd.com, placing an order, or engaging with our team, you agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy. If you do not agree with any part of these Terms, please do not use our services.

1. Definitions

For clarity, the following terms have the meanings outlined below:
  • “Daniel Kasparek”/“We”/“Us”: Refers to the business operated by Daniel Kasparek, registered at Bergstraße 159, 45770 Marl, Germany, with online operations at qgnixd.com.
  • “You”/“User”: Refers to any individual or entity accessing our website, purchasing our products, or using our services (including parents/guardians purchasing toys for children).
  • “Products”: Refers to children’s toys and related accessories sold by Daniel Kasparek, available on qgnixd.com or in our physical location.
  • “Services”: Refers to all offerings by Daniel Kasparek, including online shopping, in-person consultations, order fulfillment, and customer support.

2. Eligibility to Use Our Services

To use our services and make a purchase, you must:
  • Be at least 18 years old (or have the consent of a parent/legal guardian if you are under 18, with the parent/guardian assuming responsibility for all transactions).
  • Have the legal capacity to enter into a binding contract (in compliance with German law, including the German (BGB)).
  • Provide accurate, complete, and up-to-date information when creating an account (if applicable), placing an order, or contacting customer support.
  • Not use our services for any illegal, fraudulent, or unauthorized purpose (e.g., purchasing toys to resell them in violation of our policies, or providing false payment information).

3. Website Use Rules

When accessing or using qgnixd.com, you agree to:
  • Not engage in any activity that could damage, disable, or impair the website (e.g., hacking, introducing malware, or overloading servers).
  • Not copy, reproduce, modify, or distribute any content from qgnixd.com (including product images, descriptions, and logos) without our prior written permission—all content is protected by intellectual property laws (see Section 6).
  • Not use automated tools (e.g., bots, scrapers) to collect data from the website or disrupt the user experience.
  • Comply with all applicable laws and regulations when using the website, including data protection laws (e.g., GDPR) and online commerce regulations.
We reserve the right to suspend or terminate your access to qgnixd.com if you violate these rules, without prior notice.

4. Order Terms & Conditions

All orders placed with Daniel Kasparek (online or in-person) are subject to the following terms:

A. Order Placement & Acceptance

  • Online Orders: When you place an order on qgnixd.com, you submit a “offer” to purchase our Products. We reserve the right to accept or reject this offer (e.g., if the Product is out of stock, if payment information is invalid, or if we suspect fraud). An order is only confirmed when we send you an order confirmation email (to the email address you provided) with details of your purchase.
  • In-Person Orders: Orders placed at our Marl location are confirmed immediately upon payment (cash, card, or other accepted methods) and issuance of a receipt.

B. Pricing & Payment

  • Pricing Accuracy: All Product prices on qgnixd.com and in-store are displayed in Euros (€) and include applicable value-added tax (VAT) in compliance with German tax law. We reserve the right to correct pricing errors (e.g., typos, incorrect discounts) and will notify you if such an error affects your order—you may then choose to proceed with the corrected price or cancel the order.
  • Payment Methods: We accept the following payment methods:
    • Online: Credit/debit cards (Visa, Mastercard), PayPal, and bank transfers.
    • In-person: Cash, credit/debit cards, and contactless payments (e.g., Apple Pay, Google Pay).
  • Payment Security: For online payments, we use third-party payment processors (e.g., Stripe, PayPal) to securely handle your payment details—we do not store full credit card information (see our Privacy Policy for details). You are responsible for ensuring that your payment method is valid and has sufficient funds to cover the order cost.

C. Order Fulfillment & Delivery

  • We will fulfill your order in accordance with our Shipping Policy (available on qgnixd.com), which outlines delivery timelines, shipping options, and tracking information.
  • Risk of loss or damage to Products passes to you upon delivery (for online orders) or upon receipt (for in-person orders). You are responsible for inspecting Products upon delivery and reporting any defects or damage as outlined in our Refund Policy.

5. Returns & Refunds

Your rights and obligations regarding returns, refunds, and exchanges are governed by our separate Refund Policy (available on qgnixd.com and provided upon request in-store). By placing an order, you acknowledge that you have read and agree to the terms of the Refund Policy, including eligibility criteria, processing timelines, and exceptions.

6. Intellectual Property Rights

All intellectual property rights in and to Daniel Kasparek’s services, website, and content (including logos, product designs, images, text, and brand names) are owned by Daniel Kasparek or our licensors. You may not:
  • Use our intellectual property for commercial purposes (e.g., selling counterfeit versions of our toys, using our logo to promote another business) without our written permission.
  • Modify, reverse-engineer, or create derivative works based on our website or content.
  • Remove or alter any copyright, trademark, or other proprietary notices from our materials.
If you believe that your intellectual property rights have been infringed by our services or content, please contact us at service@qgnixd.com with details of the infringement.

7. Limitation of Liability

To the maximum extent permitted by German and EU law:
  • Daniel Kasparek shall not be liable for any indirect, incidental, or consequential damages arising from your use of our services or purchase of our Products (e.g., loss of enjoyment, missed events, or indirect financial loss).
  • Our total liability for any direct damages (e.g., a defective toy causing property damage) shall not exceed the total purchase price of the Product(s) in question.
  • We shall not be liable for delays or failures in service due to circumstances beyond our reasonable control, including but not limited to severe weather, transportation disruptions, strikes, power outages, or third-party service failures (e.g., payment processor downtime).
Nothing in these Terms shall limit or exclude our liability for:
  • Death or personal injury caused by our negligence.
  • Fraud or fraudulent misrepresentation.
  • Breach of statutory obligations that cannot be excluded by law.

8. Privacy & Data Protection

We collect, use, and protect your personal data in accordance with our Privacy Policy (available on qgnixd.com), which complies with the GDPR and German Federal Data Protection Act (BDSG-neu). By using our services, you consent to the data practices described in the Privacy Policy, including the collection of order information, browsing data, and communication data.

9. Termination & Changes to Terms

  • Termination by Us: We may terminate or suspend your access to our services at any time, with or without notice, if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law.
  • Termination by You: You may stop using our services at any time. For online accounts, you may request to delete your account by contacting us at service@qgnixd.com.
  • Changes to Terms: We reserve the right to update or modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this document and post a notice on qgnixd.com. Your continued use of our services after the changes take effect constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

10. Governing Law & Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.
  • Dispute Resolution: If a dispute arises between you and Daniel Kasparek relating to these Terms or our services, we encourage you to first contact us at service@qgnixd.com to attempt to resolve the dispute amicably.
  • Alternative Dispute Resolution: For consumers resident in the EU, you may use the European Commission’s Online Dispute Resolution (ODR) platform (available at ec.europa.eu/odr) to submit a dispute if we cannot resolve it directly.
  • Courts: If a dispute cannot be resolved amicably, the competent courts of Marl, Germany, shall have exclusive jurisdiction over the matter (subject to mandatory consumer protection laws that may provide for alternative jurisdiction).

11. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Daniel Kasparek regarding your use of our services, superseding any prior agreements or understandings.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written permission. We may assign these Terms to another entity with notice to you.

12. Contact Us

If you have questions, concerns, or feedback about these Terms of Service, please contact our customer service team:
  • Email: service@qgnixd.com (subject line: “Terms of Service Inquiry – [Your Name]”)
  • Phone: +49 (0)2365 123 4567 (Monday–Friday, 10:00 AM – 4:00 PM CET)
  • In-Store: Visit us at Bergstraße 159, 45770 Marl, Germany (by appointment only for non-purchase inquiries—email to schedule).
Thank you for choosing Daniel Kasparek. We are committed to providing you with high-quality toys and a positive shopping experience, guided by these Terms.