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Cancellation policy
Cancellation Right
You may cancel your contract in writing (e.g. letter, fax, e-mail) within 14 days without specifying the cause or – if the product is delivered to you prior to expiration of the cancellation period – by return shipment of the product. The cancellation period start with the receipt of this policy in writing, but not prior to the customer’s receipt of goods (for recurring shipments of similar products not prior to the receipt of the first partial shipment) and not prior to satisfaction of our obligation to disclose information pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law, as well as our duties according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the cancellation notice or the goods will suffice to protect this right of rescission.
Please address your cancellation to:
Antje Paul
- Baby & Kids Shop -
Mitterweg 42
85748 Garching bei München / Deutschland (Germany)
Fax +49 (0)89 – 32424548
E-Mail: info@babyundkidsshop.de
Effects of cancellation
In the event of effective cancellation, the services received by the parties shall be returned and any benefits gained (e.g. interest) surrendered. If you are unable to return the service and uses (e.g. beneficial use) received in whole or in part, or only in a deteriorated condition, you may be required to compensate us. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Products eligible for parcel post are to be returned at our risk. The regular return shipping costs are payable by you provided the product is consistent with the product ordered and the price of the returned product does not exceed 40 Euros, or for higher product values if at the time of cancellation you had not yet provided the return service or contracted partial payment. In all other cases the product may be returned free shipping. Products not suitable for parcel post will be picked up for your location. Obligations to refund payments must be satisfied within 30 days. For you this period begins at the time the cancellation or product is sent, for us with the receipt thereof.
End of cancellation policy
General Terms and Conditions - Online Shop
Date: August 2011 | Version 2.08
1. General Terms
1.1
Via the online shop at the URL http://www.babyundkidsshop.de
Mrs. Antje Paul
- Baby & Kids Shop-
Mitterweg 42
85748 Garching by Munich / Germany
Tel.: +49 (0) 89-32424547
Tel.: +49 (0) 89-32424548
Email: info@babyundkidsshop.de
Sales Tax Indentification No.: DE 814402042
markets merchandise in the product range clothing, shoes and accessories.
1.2.
These General Terms and Conditions apply for all contracts between Mrs. Antje Paul (in the following: Baby & Kids Shop) and the customer which are established via the online shop. Baby & Kids Shop's customers can be consumers as well as entrepreneurs. A natural person, who concludes a legal transaction for a purpose which can neither be attributed to his/her commercial nor freelance occupational activities, is considered being a consumer. An entrepreneur is a natural person or an entity but also a limited company with legal capacity, which excercises his/her/its commercial or freelance occupational activity when concluding the legal transaction.
2. Contract Conclusion
2.1.
The representation of the products in on-line shop does not represent a legally binding offer, but a noncommittal on-line catalog..
2.2.
By clicking the button „Order send“ deliver you send order an obligatory order of the goods contained in the shopping card. The confirmation of the entrance of the order follows immediately after mailing the order.
2.3.
Baby & Kids Shop can accept your order by dispatch of a confirmation of order by email or by distribution of the commodity within five days.
2.4.
Baby & Kids Shop does not assume any exercise risk for the products listed in the online shop and reserves the right to release itself from the obligation of fulfilling the sales contract in the case of incorrect or improper supply to itself by the sub-supplier. In the case of unavailability or only partial availability of the merchandise, Baby & Kids Shop will inform the customer within 5 weekdays at the latest. Baby & Kids Shop will immediately reimburse the customer an already rendered return service, in the case of a cancellation. Baby & Kids Shop's accountability for intent or also negligence, subject to the requirements of the liability regulations according to clause 10. of these General Terms and Conditions, remain unaffected hereof.
3. Storage of Contract Wording
Contract wording remains stored after order placement and is reaccessible for the customer on the website using his/her user name and personal password. Furthermore, the customer receives an access and order confirmation via email with additional information for the purchasing process. Using the browser's print function, the relevant contractual information can be printed from the website during the ordering process.
4. Prices; Terms of Payment
4.1.
The amounts listed as purchase prices are, without exception, understood as end prices and contain all price components including accumulating taxes. However, in particular cases of transnational deliveries, taxes (e.g. in the event of an intra-community purchase) and/or dues (e.g. custom duties) can accrue, which must be paid by the customer.
4.2.
The purchase prices apply - as far as not otherwise explicitly stipulated between Baby & Kids Shop and the customer- excluding freight, postage and insurance. Therefore additional charges for shipment and handling accrue; the amount of the additional charges for shipment and handling comply with the information given in the online shop.
4.3.
Baby & Kids Shop informs the customer in the online shop of which methods of payment are precisely available.
4.4.
Should Baby & Kids Shop agree upon prepayment with the customer, the customer then undertakes to pay the (total) amount seven days after receipt of the request for payment at the latest, without deduction. In the case of an unsuccessful expiration of the time limit, the customer is in (payment) default without any further explanation. It is kindly asked, to indicate the customer's user name and/or the separately indicated invoice no. from Baby & Kids Shop as reason for payment in the bank transfer, in order to simplify the assignment of the payment.
4.5.
The customer is only entitled to a right of retention if his/her counterclaim is based on the same contractual relationship.
5. Retention of Title
Baby & Kids Shop reservesthe ownership of the merchandise until the customer has effected complete payment.
6. Delivery and Shipping Conditions; Passing of Risk
6.1.
Baby & Kids Shop will execute delivery of the purchased merchandise to the delivery address provided by the customer against prepayment.
6.2.
Pickup by the customer at Baby & Kids Shop is only possible after prior agreement of a pickup date and cash payment.
6.3.
Baby & Kids Shop executes shipment of the purchased items within two weekdays after payment receipt at the latest, if prepayment was stipulated between Baby & Kids Shop and the customer.
6.4.
Baby & Kids Shop points out, that in the case of entreprenuers, the risk of accidental loss and accidental worsening of the purchased merchandise is transferred to them or a person authorised to accept the receipt, with the transfer of the merchandise, in the case of shipping purchases however, to the person responsible for transport . For contracts with consumers, the risk of accidental loss and accidental worsening of the purchased merchandise is always transferred to the consumer with the transfer of the merchandise to the consumer; consequently also in the case of shipping purchases. The risk of accidental loss and accidental worsening of the purchased merchandise is also transferred to the customer if the customer falls behind in acceptance.
7. Cancellation policy
Cancellation Right
You may cancel your contract in writing (e.g. letter, fax, e-mail) within 14 days without specifying the cause or – if the product is delivered to you prior to expiration of the cancellation period – by return shipment of the product. The cancellation period start with the receipt of this policy in writing, but not prior to the customer’s receipt of goods (for recurring shipments of similar products not prior to the receipt of the first partial shipment) and not prior to satisfaction of our obligation to disclose information pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law, as well as our duties according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the cancellation notice or the goods will suffice to protect this right of rescission. Please address your cancellation to:
Antje Paul
- Baby & Kids Shop -
Mitterweg 42
85748 Garching bei München / Deutschland (Germany)
Fax +49 (0)89 – 32424548
E-Mail: info@babyundkidsshop.de
Effects of cancellation
In the event of effective cancellation, the services received by the parties shall be returned and any benefits gained (e.g. interest) surrendered. If you are unable to return the service and uses (e.g. beneficial use) received in whole or in part, or only in a deteriorated condition, you may be required to compensate us. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Products eligible for parcel post are to be returned at our risk. The regular return shipping costs are payable by you provided the product is consistent with the product ordered and the price of the returned product does not exceed 40 Euros, or for higher product values if at the time of cancellation you had not yet provided the return service or contracted partial payment. In all other cases the product may be returned free shipping. Products not suitable for parcel post will be picked up for your location. Obligations to refund payments must be satisfied within 30 days. For you this period begins at the time the cancellation or product is sent, for us with the receipt thereof.
End of cancellation policy
8. Notification of Shipping Damages
8.1
The customer shall inspect the shipment. Should the shipment exhibit externally visible and therefore apparant transport damage, the customer is obligated to record this on the respective shipping documents and to have the deliverer confirm it with his/her signature. Furthermore the packaging must be retained.
8.2
In the event (partial) loss or damage is not externally visible and therefore not apparant, the customer shall report this to Baby & Kids Shop within five days after delivery or at least to the transport company within seven days after delivery, in order to ensure that possible claims towards the transport company can be asserted in due time.
8.3
The customer will support Baby & Kids Shop to the best of his/her ability, as far as claims towards the respective transport company or rather a transport insurance are asserted.
8.4
Possible rights and claims of the customer - in particular the customer's legal rights for deficient purchased objects - remain unaffected by the regulations of clauses 8.1 to 8.3.
9. Warranty
9.1
Damages which are caused by improper use or treatment of the item by the customer are not included in the warranty. The same applies for a so-called deliberate wearout.
9.2
According to legal regulations, the customer at first is only entitled to supplementary performance in the case of damages to the delivered merchandise.
9.2.1
In this respect, the consumer has the choice whether the supplementary performance shall be effected by means of rectification or replacement. However, Baby & Kids Shop is entitled to refuse the chosen type of supplementary performance if it is only possible with unreasonable costs and the other type of supplementary performance remains without considerable disadvantages for the consumer.
9.2.2
Entrepreneurs must report apparant damages within a time limit of two weeks as of receipt of the merchandise, in the written form using the above indicated contact data; otherwise the assertion of warranty claims is excluded. The punctual dispatch of the notification of defects is sufficient for ensuring the time limit.
9.2.3
At first, Baby & Kids Shop renders warranty towards entrepreneurs for defective merchandise according to its own choice either by rectification or replacement.
9.2.4
In the event the supplementary performance fails, the customer can, in accordance with legal regulations, reduce payment (reduction), cancel the contract (cancellation), demand compensation for damages or reimbursement of unavailing expeditures, according to his/her choice. Should the customer choose compensation for damages, the liability provisions according to clause 9. of these General Terms and Conditions apply in this regard.
9.3
The limitation period for damaged factory-new merchandise is two years for the rights of a consumer; for the rights of an entrepreneur, one year as of delivery of the merchandise.
If a used item is purchased by a consumer, his/her warranty claims become time-barred in one year. In each case the limitation period commences with the delivery of the merchandise to the consumer.
If a used item is purchased by an entrepreneur, no warranty claims exist.
The preceding reductions in the period of limitation and limitations of liability do not apply, as far as Baby & Kids Shop is liable according to clause 9. of these General Terms and Conditions or if it concerns a third party property right on the grounds of which the possession of the item of sale can be claimed.
9.4
The recourse actions for entrepreneurs specified in the provisions §§ 478, 479 German Civil Code, remain unaffected by the regulations of clauses 9.1 to and including 9.3 of these General Terms and Conditions.
10. Liability Regulations
10.1.
Pursuant to legal provisions, Baby & Kids Shop assumes unlimited liability for damages resulting from injuries to life, body or health which are based on an intentional or negligent neglect of duty as well as fraudulent intent. Furthermore, Baby & Kids Shop assumes unlimited liability for damages as set forth in mandatory legal liability statutes, such as the Product Liability Act as well as in the case of the assumption of warranties.
10.2.
Baby & Kids Shop assumes liability for such damages which are not included in clause 10.1 and which are caused by simple or slight negligence, as far as this negligence pertains to the breach of contractual obligations, the fulfilment with which the proper accomplishment of the contract is made possible in the first place and upon whose compliance the customer can routinely trust (so-called cardinal obligations). However the liability of Baby & Kids Shop is, in this case, limited to contract typical forseeable damages.
10.3.
Baby & Kids Shop only assumes liability in the case of slight negligent breaches of such contractual obligations, which are neither included in clause 10.1. nor clause 10.2. (so-called irrelevant contractual obligations) towards consumers, if it is a matter of contract typical forseeable damages.
10.4.
Further liability is excluded.
11. Final Clauses
11.1.
Applicable law is the law of the Federal Republic of Germany.
11.1.1
The choice of law according to clause 10.1 only applies for consumers who do not conclude the contract for occupational or commercial puposes, as far as the guaranteed protection is not revoked by mandatory provisions of the law of the country in which the consumer generally resides.
11.1.2
Regulations of the UN convention pertaining to contracts for the international sale of goods (UN Sales Law) do not apply.
11.2
If a customer, as an entrepreneur, does not have a general jurisdiction in Germany or if the address or general place of residency of the entrepreneur is unknown at the time of filing a suit, the sole jurisdiction for all disputes evolving from this contract is also the address of record of Baby & Kids Shop. The authorisation of Baby & Kids Shop to call upon the court of another legal jurisdiction remains unaffected hereof.
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