Terms and Conditions
General Terms and Conditions
All delivery transactions completed by babymarkt.de GmbH are based on the following General Terms and Conditions. Agreements differing from these General Terms and Conditions must be made in written form. These General Terms and Conditions are an integral part of the contract closed when placing an order.
1. Offers and Conclusion of Contract
The products presented online by babymarkt.de GmbH do not represent binding offers. They rather represent an invitation for the customer to make babymarkt.de GmbH a binding offer with their order. The customer makes a binding offer for products by placing the products into the virtual shopping cart and then continuing to the “checkout”. The customer can change all parameters of their order or cancel their order up to the point in time when “Send Order” is clicked. babymarkt.de GmbH will then confirm the order. This order confirmation does not represent an acceptance of the order; it can, however, be connected to the declaration of acceptance. babymarkt.de GmbH is authorized to accept the customer’s offer made in their order within three business days of receiving the order. The acceptance of the order can be displayed by the delivery of the goods or in the form of an explicit written acceptance notification. Images and information displayed in the online shop only describe the article of sale. A quality guarantee or warranty of characteristics is only provided if this is explicitly declared in a written statement of liability.
2. Prices, Packaging and Shipping Fees, Reservation of Title
All prices listed are final. This means that the prices include all price components and sales tax (VAT) but that packaging and shipping fees will be added.
3. Delivery
All products are prepared for shipping after payment has been received and are then shipped with DHL.
4. babymarkt.de GmbH Right of Return as of June 11th, 2010
Right of Return
The customer can return goods received without reason within 14 days by sending the goods back to babymarkt.de GmbH. The earliest date of commencement for this term is upon receipt of this information in written form (in the form of a letter,
fax or e-mail), but not before the goods have been received by the recipient. In the event that the customer will receive
multiple deliveries of the same goods the term begins after the first partial delivery. This term does not begin prior to
the fulfillment of the information obligation according to § 246 P. 2 in conjunction with § 1 P. 1 and 2 of the Introductory
Act to the German Civil Code (EGBGB); and not prior to fulfillment of the requirements according to § 312e P. 1 Sent. 1 of
the German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB). The
customer can also declare the request of return for goods that cannot be shipped (e.g. large items) in written form.
In order to observe the return period, the shipment date of the goods or the date of the request of return is decisive.
In any case, the return takes place at our expense and risk. The return shipment or the request of return is to be made to:
babymarkt.de GmbH
Wulfshofstraße 22 – Indupark
44149 Dortmund / Germany
Fax: +49 1805 - 210 611 (0.14 €/Min. from German Fixed Network, Max. 0.42 €/Min. German Mobile)
In the event of a request of return for large items, the goods will be collected at the customer’s address.
Consequences of a Return
In the event of an effective return, the benefits received by both sides are to be returned and if necessary the performance
(e.g. advantage gained by use) is to be returned. If the goods were damaged or devalued, then compensation can be demanded.
This does not apply, if the damage or devaluation to the goods resulted from controlling the goods – as would be possible in
a bricks-and-mortar store. The customer is not liable if the devaluation results from the designated use of the item.
Monetary refunds are to be completed within 30 days. The term begins for the customer with the postage date of the return or
the date of the request of return and upon receipt of the goods for babymarkt.de GmbH.
Financing
In the event that a contract with babymarkt.de GmbH has been financed and the goods are returned, then the customer is no
longer tied to the financing agreement if both contracts are considered one economic unit. This is the case, if
babymarkt.de GmbH is the lender or if the lender utilizes our cooperation regarding the financing. If the loan amount has
been paid at the time of the cancellation or return of the order, then the lender assumes the rights and responsibilities
of the financed contract concerning the legal consequences and effects of the cancellation or return.
In order to avoid a contractual obligation as much as possible, please utilize your right of return and countermand the
Letter of Intent agreed upon when the loan contract was closed.
End of the Right of Return Information
5. Compensation
babymarkt.de GmbH, representatives of babymarkt.de GmbH or other vicarious agents according to current legal regulations are liable in cases of premeditation and gross negligence. babymarkt.de GmbH is only liable for damages arising out of death, injuries to body or health or in the event of culpable injuries to fundamental contractual obligations or the Product Liability Act. Compensation for damages to fundamental contractual obligations is limited to the contract specific, foreseeable damages as long as an additional case of stringent liability according the Sentence 1 and 2 is not given.
6. Data Storage
The customer’s personal data is only saved in accordance with the German Federal Data Protection Act (BDSG) and the German Broadcast Media Act (TMG). Data necessary for the completion of the customer’s are saved. This information includes the customer’s name, address, e-mail address and, in some cases, a telephone number.
7. Battery Information
Please dispose of old batteries according to current legal regulations. Batteries can be disposed of free of charge at a local community collection point or by retuning the batteries to a local store. Batteries can also be returned via post to our address. The disposal of batteries in standard house garbage is forbidden. Batteries that include toxic substances are marked with crossed out garbage bin symbol. The chemical abbreviation for the toxic substance is listed under the symbol, e.g. “Cd” Cadmium, “Pb” Lead, “Hg” Mercury.
8. Final Provisions
In the event that individual terms and/or conditions of these General Terms and Conditions become partially or completely invalid or if these terms and conditions contain loop-holes, then the validity of the remaining terms and conditions remains unaffected.
Both parties obligate themselves to replace terms and conditions that have become partially or completely invalid with an effective regulation that comes as close as possible to the economic intent.
babymarkt.de GmbH
All delivery transactions completed by babymarkt.de GmbH are based on the following General Terms and Conditions. Agreements differing from these General Terms and Conditions must be made in written form. These General Terms and Conditions are an integral part of the contract closed when placing an order.
1. Offers and Conclusion of Contract
The products presented online by babymarkt.de GmbH do not represent binding offers. They rather represent an invitation for the customer to make babymarkt.de GmbH a binding offer with their order. The customer makes a binding offer for products by placing the products into the virtual shopping cart and then continuing to the “checkout”. The customer can change all parameters of their order or cancel their order up to the point in time when “Send Order” is clicked. babymarkt.de GmbH will then confirm the order. This order confirmation does not represent an acceptance of the order; it can, however, be connected to the declaration of acceptance. babymarkt.de GmbH is authorized to accept the customer’s offer made in their order within three business days of receiving the order. The acceptance of the order can be displayed by the delivery of the goods or in the form of an explicit written acceptance notification. Images and information displayed in the online shop only describe the article of sale. A quality guarantee or warranty of characteristics is only provided if this is explicitly declared in a written statement of liability.
2. Prices, Packaging and Shipping Fees, Reservation of Title
All prices listed are final. This means that the prices include all price components and sales tax (VAT) but that packaging and shipping fees will be added.
3. Delivery
All products are prepared for shipping after payment has been received and are then shipped with DHL.
4. babymarkt.de GmbH Right of Return as of June 11th, 2010
Right of Return
The customer can return goods received without reason within 14 days by sending the goods back to babymarkt.de GmbH. The earliest date of commencement for this term is upon receipt of this information in written form (in the form of a letter,
fax or e-mail), but not before the goods have been received by the recipient. In the event that the customer will receive
multiple deliveries of the same goods the term begins after the first partial delivery. This term does not begin prior to
the fulfillment of the information obligation according to § 246 P. 2 in conjunction with § 1 P. 1 and 2 of the Introductory
Act to the German Civil Code (EGBGB); and not prior to fulfillment of the requirements according to § 312e P. 1 Sent. 1 of
the German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB). The
customer can also declare the request of return for goods that cannot be shipped (e.g. large items) in written form.
In order to observe the return period, the shipment date of the goods or the date of the request of return is decisive.
In any case, the return takes place at our expense and risk. The return shipment or the request of return is to be made to:
babymarkt.de GmbH
Wulfshofstraße 22 – Indupark
44149 Dortmund / Germany
Fax: +49 1805 - 210 611 (0.14 €/Min. from German Fixed Network, Max. 0.42 €/Min. German Mobile)
In the event of a request of return for large items, the goods will be collected at the customer’s address.
Consequences of a Return
In the event of an effective return, the benefits received by both sides are to be returned and if necessary the performance
(e.g. advantage gained by use) is to be returned. If the goods were damaged or devalued, then compensation can be demanded.
This does not apply, if the damage or devaluation to the goods resulted from controlling the goods – as would be possible in
a bricks-and-mortar store. The customer is not liable if the devaluation results from the designated use of the item.
Monetary refunds are to be completed within 30 days. The term begins for the customer with the postage date of the return or
the date of the request of return and upon receipt of the goods for babymarkt.de GmbH.
Financing
In the event that a contract with babymarkt.de GmbH has been financed and the goods are returned, then the customer is no
longer tied to the financing agreement if both contracts are considered one economic unit. This is the case, if
babymarkt.de GmbH is the lender or if the lender utilizes our cooperation regarding the financing. If the loan amount has
been paid at the time of the cancellation or return of the order, then the lender assumes the rights and responsibilities
of the financed contract concerning the legal consequences and effects of the cancellation or return.
In order to avoid a contractual obligation as much as possible, please utilize your right of return and countermand the
Letter of Intent agreed upon when the loan contract was closed.
End of the Right of Return Information
5. Compensation
babymarkt.de GmbH, representatives of babymarkt.de GmbH or other vicarious agents according to current legal regulations are liable in cases of premeditation and gross negligence. babymarkt.de GmbH is only liable for damages arising out of death, injuries to body or health or in the event of culpable injuries to fundamental contractual obligations or the Product Liability Act. Compensation for damages to fundamental contractual obligations is limited to the contract specific, foreseeable damages as long as an additional case of stringent liability according the Sentence 1 and 2 is not given.
6. Data Storage
The customer’s personal data is only saved in accordance with the German Federal Data Protection Act (BDSG) and the German Broadcast Media Act (TMG). Data necessary for the completion of the customer’s are saved. This information includes the customer’s name, address, e-mail address and, in some cases, a telephone number.
7. Battery Information
Please dispose of old batteries according to current legal regulations. Batteries can be disposed of free of charge at a local community collection point or by retuning the batteries to a local store. Batteries can also be returned via post to our address. The disposal of batteries in standard house garbage is forbidden. Batteries that include toxic substances are marked with crossed out garbage bin symbol. The chemical abbreviation for the toxic substance is listed under the symbol, e.g. “Cd” Cadmium, “Pb” Lead, “Hg” Mercury.
8. Final Provisions
In the event that individual terms and/or conditions of these General Terms and Conditions become partially or completely invalid or if these terms and conditions contain loop-holes, then the validity of the remaining terms and conditions remains unaffected.
Both parties obligate themselves to replace terms and conditions that have become partially or completely invalid with an effective regulation that comes as close as possible to the economic intent.
babymarkt.de GmbH
