Our Terms & Conditions
General Terms and Conditions
Date: 08/01/2007
§1 Acceptance of Our Terms & Conditions
1. All offers, supplies, and other efforts of babyvita.de are subject to the following Terms and Conditions in the relevant version at the date of your order.
2. Deviant conditions of the customer will not be accepted.
3. You accept the validity of our Terms and Conditions along with your order.
§ 2 Conclusion of Contract
1. All offers on our website are without obligation with regard to prices, delivery dates, and similar content. We reserve the right to withdraw from a contract in case of misprints, spelling or calculating errors.
2. If you announced your email address, the contract will be concluded by the time your order is being confirmed by us via email. Please, notice that the arrival of your order is being confirmed via email, too. This is not equal to the conclusion of the contract. As soon as we will have processed your order, we are going to confirm the conclusion of the contract via email. This means the conclusion of the contract. Without an email address, the contract will be concluded by the time of the delivery of the goods.
§ 3 Your Right to Returns
If your order is not connected to a commercial or freelance profession, you have the right to return any items. You are no longer bound to the contract if you return the goods within a time limit of 2 weeks after receipt. We will bear the charges for the reconsignment if the value of goods exceeds 40 €, and in case you have paid for the goods entirely. You do not have to state a reason. Be aware of the time limit and return the goods to:
babyvita.de
Babyvita, Christian Hofmann, Schönerbergweg 9, 86929 Penzing
Reconsignments are being organised by babyvita.de if the value of goods exceeds 40 €. In this case, please, send us an email with the address and the item that we have to pick up. The item will be picked up at our charges. Please, do not forget to prepay the reconsignment since we cannot accept an unstamped parcel.
You can find more information on the handling of reconsignments on our Service page.
You can also state your complaints on our Service page. You can state your complaints via email at info@babyvita.de, too. If it may be impossible to return the item as a parcel (e.g. large or heavy furniture), it is sufficient to announce the return to us via email within the time limit of 2 weeks after receipt. This announcement needs not imply a reason for the return. But the announcement has to be sent in written form to the above mentioned address. You bear the burden of proof for the arrival of your email within the time limit. If you have already paid for the goods, we will refund the price after return of the goods. We are obliged to refund the money within a time limit of 30 days. We can demand a compensation for the usage of the goods in the period of time between delivery and return. We are not allowed, though, to demand a compensation for the loss in value of the goods due to normal usage. But, we are allowed to demand a compensation for the loss in value due to careless usage of the goods. In this case, you must compensate the loss in value or the entire value of the goods. §§ 351 to 353 of the German Civil Code expressing the exclusion of withdrawal from a contract in certain cases are not applicable. Your right to returns is not comparable to your rights in case of faulty goods. In the latter case, our Terms and Conditions and implied warranty are applicable. There is no right to return software, CDs, DVDs or videotapes if unsealed by you. There is no right to returns with special designs by order of a customer. There are further separate treatments of orders abroad.
§ 4 Orders Abroad
1. The right to returns is applicable to deliveries within Germany and countries of the EU.
2. We cannot refund charges for reconsignments in countries of the EU (except Germany). We have to refund the charges for reconsignments, though, if bound by law by the respective country.
3. There is no right to returns in countries outside the EU.
§ 5 Implied Warranty
All items purchased from babyvita.de are covered by an implied warranty of 2 years. Exceptions:
1. Transactions with consumers (purchase of consumer goods) concerning second-hand goods are covered with a shortened 1-year guarantee.
2. Transactions with traders (purchase of trading goods) concerning second-hand goods are covered by a 1/2-year guarantee, new goods by a 1-year guarantee.
3. If traders make use of a warranty, babyvita.de has got the choice between replacing or repairing the item, or sending spare parts. If traders may have the right to withdraw from a contract/order, they are obliged to announce their right towards babyvita.de within a suitable period of time. If they do not, the item will be replaced or repaired (see above).
4. Goods are not covered by a warranty in case of disregarding the construction manual, misuse or modification of the product, as well as extraneous cause.
5. We cannot guarantee the suitability of a product for a certain purpose.
6. In case of replacing or repairing the item, or sending spare parts, babyvita.de acquires the ownership of the replaced, repaired or exchanged components/parts.
§6 Retention of Title
1. We will keep the property in goods as long as not paid for entirely.
2. Customers are not allowed to resell, impawn, mortgage, lease, or ship abroad goods (unless paid for entirely) except with our written agreement.
3. Customers must transfer any demands, with regard to goods in our property, (e.g. from unlawful acts or any title to insurance benefits) to us in the amount of the value of goods (as stated on the account).
4. In case of interference by third parties, with regard to goods in our property, customers have to indicate our property and inform us in writing. If a third party may not be able to pay the judicial and extrajudicial costs due to § 771 German Civil Process Order (ZPO), the customer is liable for the defect.
§7 Delivery Time, Delivery in Parts, Passing of Risks
1. Delivery dates are approximate and without obligation.
2. If delivery is not due and if this happens outside our influence (e.g. missing parts of the product through fault of the manufacturer, natural disasters, sovereign acts, industrial actions, fire) delivery time will be delayed for the course of these occurrences. This also applies in case we already are on delay at the moment these occurrences appear. In case of being prevented from delivery for more than three months customers as well as babyvita.de have the right to withdraw from the contract with regard to the product in question. Further demands are excluded.
3. We are entitled to deliver goods completely or in parts at any time. Partial delivery can be charged immediately. 3A. We are furthermore entitled to supply comparable alternative products if it may not be possible to provide a certain product. These alternative products correspond to your order basically, but they may have slight deviations from the sample.
4. We are free of liability as soon as the goods are handed over to the parcel service. Transportation is at the risk and on account of the customer. babyvita.de reserves the right to determine the parcel service.
5. The risk is on behalf of the customer with handover of the goods to the carrier, still if delivery is being organised in parts or additional services are being taken over by babyvita.de (e.g. delivery charges, insurance, transport).
6. If the customer defaults to accept the delivery, the risk will still be on behalf of the customer from the day of the delivery notice onwards. In this case, too, the maturity of payment starts with the date of the delivery notice. If the customer defaults to accept the delivery, they will have to pay any expenses whatsoever incurred, storage charges in particular.
7. We will always procure a transportation insurance if not desired otherwise by the customer.
8. When returning goods or other parts to us, the customer will have to bear the risk of transportation until the arrival of the goods at our address as well as the transport charges. This is not applicable to your right to return in the context of implied warranty.
§8 Payment / Delayed Payment
1. Unless otherwise expressly agreed, goods are payable on receipt without discount. A deduction of warranty is excluded.
2. Payments have to be made free of costs into the accounts of babyvita.de as stated on the invoice.
3. Drafts and cheques are not acceptable.
4. If customers delay a payment completely or partially for more than thirty days, or if they make out a cheque or a draft, or if they are adjudged bankrupt and an insolvency proceeding is being started against them, babyvita.de is entitled to make their demands immediately towards the customer irrespective of other rights, to reclaim any deliveries and services, and to assert their right to retention of title.
5. Furthermore, babyvita.de is entitled to charge default interest amounting to 5 % above base rate as damage caused by delay. We reserve the right to assert a more substantial loss.
§9 Withdrawal, Cancellation
In case of the opening of an insolvency proceeding towards the customer, or the refusal of the opening of an insolvency proceeding for lack of assets, or if the customer makes out a cheque or draft, or if there may be any other informative basis for the deterioration of the financial circumstances of the customer, we are entitled to withdraw from or cancel the contract immediately.
The cancellation of the contract operates as soon as customers cancel their order and money is being refunded to them. Independent refunds e.g. back posting of credit cards are charged with a 40 € administrative fee. This fee is carried to the customers`account.
Delivery charges for rejected C.O.D. parcels are carried to the customer`s account.
Yard goods cannot be returned.
§10 Liability and Liability Limits
1. Claims for damages against us are excluded, irrespective of the legal ground. In particular, in case of delay or by impossibility, neglect of expert advice or adjacent contractional duties, duties unbound by contract, default in performance of contract, or civil offence, unless by deliberate or wantonly negligent acting. Or the claims for damages may result from a breach of an assured feature.
2. We are not liable for damage that did not occur on the delivered item itself. In particular, we are not liable for the substitution of indirect damage such as loss of profit or other financial loss of the customer.
3. Furthermore, we are not liable if the occurred damage could have been averted by reasonable measures taken by the customer.
4. In case of liability on the merits, our duty of replacement for personal or property damage is limited to representative and predictable damage.
5. Any claims for damages against us become time-barred at six months after delivery. This is not applicable in case of civil offence.
6. This does not apply to product liability.
7. If we are not liable, this also applies to our employees, assistants, collaborators, representatives, and auxiliary persons.
§11 Examination and Return of Products
1. As far as you are a salesperson, you are obliged to examine the delivered products immediately after receipt, whether they correspond with the contractual description. You have to claim a fault immediately. If not, we assume your acception of the products.
2. If we allow a customer to return a product by our goodwill, these products have to be returned in their original state and in their original package together with the return delivery document and the invoice. You have to bear the return expenses in this case.
§12 Force Majeure
1. We are not responsible for the un-fulfilment of our contractual obligations as soon as the un-fulfilment is due to an estoppel outside our sphere of influence (e.g. missing parts of the products due to the manufacturer, natural disasters, sovereign measures, industrial action, fire). In this case, delivery times will be delayed.
2. If the estoppel last for more than three months, each party is entitled to withdraw from the contract without a time limit. Further demands are excluded.
§13 Obligation of Secrecy
We will keep in confidence your designated or evident company and business secrets that we have known in the context of our business connexion. We are still subject to our obligation of secrecy after terminating our business connexion. This is also applicable for our company and business secrets that you have got to know.
§14 Law in Force
On deliveries abroad, too, German Law is to be applied (to the exclusion of UN convention on contract for the international sale of goods).
§15 Data Protection
We process information in our customer data file inevitable for our trade procedure. According to legal regulation, you are entitled to contradict to the usage or transmission of your data for advertising efforts, market or opinion research. Irrespective of this, we assure you of not transmitting your data to third parties for advertising efforts.
§16 Retention, Assignment, Charging
1. Customers can carry out their right to retention as far as their counterclaim is based on the same contractual relationship.
2. Without transferring the assignment of title of any kind entitled to babyvita.de.
3. Customers may be entitled to charging if their counterclaims have been legally assessed, or acknowledged by babyvita.de.
§17 Export
Customers commit to respect the export regulations of the FRG (Federal Republic of Germany) and the import regulations of those countries goods are being delivered into. Sovereign agreements potentially required for export or import are in charge of and on account of customers. The denial of a permit does not allow customers to withdraw from a contract.
§19 Jurisdiction
If you are a salesperson in terms of the German Commercial Code, court having jurisdiction is Landsberg am Lech, also for lawsuits concerning drafts and cheques. We are also entitled to sue at the cutomers` registered office/domicile.
§20 Miscellaneous
1. babyvita.de is entitled to charge subcontractors with single work orders.
2. Alterations and additions of the regulations contained in these terms and conditions must be agreed with in writing to apply. Oral or written subsidiary arrangements do not apply without written confirmation by babyvita.de.
3. If one or more regulations may be void, this does not apply to the effectiveness of other regulations.
4. We endeavour to fulfil legal standards, prescriptions, and information obligations completely. If you assume, this is not the case, please, tell us immediately via email at info@babyvita.de in order to find a solution. Please, notice that the time-consuming employment of a lawyer and a high priced reminder for the service provider does not correspond to their actual or assumed intention.
Details on Reconsignment when Exercising Your Right to Returns
We point out that you are liable for damages if goods are being damaged due to inappropriate packaging at recosignment, or gets lost due to false or incomplete addressing.
Please, mind the following points when returning a product:
1. Please, use the original packaging including lamination sheets and other protection.
2. Please, use the correct and complete address, and give your own sender address as a precaution.
