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General Terms and Conditions Version: 2.02 - Stand: Januar 2007 These are the General Terms and Conditions (hereinafter referred to as -AGB-) of: Spiel & Baby GmbH Represented by the Chief Executive Officer: Albert Lütgenau Wulfshofstraße 22 - Indupark 44149 Dortmund / Germany Tel.: 01805 - 210 610 (0,14 €/Min. from German Fixed Network/ max. 0,42 €/Min. from Mobile) Fax: 01805 - 210 611 (0,14 €/Min. from German Fixed Network/ max. 0,42 €/Min. from Mobile) E-Mail: Please use our Contact Form VAT Reg. No.: DE 811377710 Commercial Registry: HRB 8771; AG Dortmund Baby Markt offers baby products and toys in its online shop to affordably low prices; shipping is free for orders above 20 EUR. 1. General Information 1.1. Customers, in terms of these terms and conditions, are not only consumers but also business people. Consumers, in terms of these terms and conditions, are all natural persons that have the established business relationship and trade for a purpose that can neither be accounted to their commercial nor independent professional occupation. Business people, in terms of these terms and conditions, are all natural or legal persons or private companies that have established a business relationship and trade for a commercial or independent professional occupation. 1.2. These terms and conditions apply to the entire business relationship between the customer and Spiel & Baby GmbH. They also apply to all future bunsess relationships with business people even if this was not explicitly agreed upon; the version valid on the date when the contract was closed is decisive. 1.3. All terms and conditions that vary from these terms and conditions, conflict with these terms and conditions or supplementary terms and conditions are not an integral part of the contract unless otherwise agreed upon in written form in advance. 2. Conclusion of Contract 2.1. The products and services presented in this online shop do not represent binding offers from Spiel & Baby GmbH. They rather represent an invitation for the customer to make Spiel & Baby GmbH a binding offer with their order. 2.2. The customer makes a binding offer for the products ordered via the virtual shopping cart vy sending the order information at the end of the order transaction. Spiel & Baby GmbH is to immediately confirm the entry of the order. This order confirmation does not represent an acceptance of the order; it can, however, be connected to the declaration of acceptance. 2.3. Spiel & Baby GmbH is authorized to accept the offer made by the customers order within three working days. Acceptance can be declared with an explicit notice or the dispatching of the goods. 2.4. Spiel & Baby GmbH is authorized to limit the order to normal household amounts. In addition, Spiel & Baby GmbH reserves the right to changes for example, in shape or color in a reasonable amount. 2.5. The contract is closed with the provision that if Spiel & Baby GmbH cannot perform or can only partially perform in the event that a supplier does not deliver the correct goods or damaged goods then Spiel & Baby GmbH does not accept any procurement risk. The responsibility for intent and negligence according to § 9 of these terms and conditions remain unaffected. Spiel & Baby GmbH will immediately inform the customer in the event of unavailability or only partial availability of services; possible payments made will be refunded to the customer in the event of withdrawal. 3. Right of Return and its Consequences Consumers have a right of return for goods purchased according to the following terms and conditions - for use with distance contracts: 3.1. Return Instruction Right of Return The customer can return goods received without reason within two weeks by returning the goods to Spiel & Baby GmbH. This term begins, at the earliest, at the time when the goods and this information are received. The customer can declare the return of goods in written form (via post, fax or e-mail) only if the goods cannot be shipped as a package (e.g. bulky goods). 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: Spiel & Baby GmbH Wulfshofstraße 22 Indupark 44149 Dortmund / Germany Fax: 01805 - 210 611 (14 Cent/Min from T-Com Fixed Network / Mobile prices vary) Consequences of a Return In the event of an effective return, the benfits 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, then compensation can be demanded. This does not apply when the damage to the goods resulted from controlling the goods as would be possible in a bricks-and-mortar store. The customer can avoid being responsible for compensation by not using the goods are the owner and avoiding all actions that could decrease the value of the goods. End of the Right of Return Information 3.2. The right of return does not exist according to § 312 d Section 4 of the German Civil Code (BGB) for contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly fitted to the customers personal needs or that are not adequate for return or that spoil quickly or goods that have expired, for the delivery of audio or video recordings (e.g. CDs and DVDs) or software if the goods have been opened by the customer or for the delivery of newspapers, magazines and pictorials. 3.3. In the event of a return, please include the completed product return form in the package because quick processing cannot otherwise be warranted. The enclosure of the product return form is not a prerequisite for the effective completion of the right of return. Please always include your bank details in every return. Please only use the return address label included in the shipment for returns. The package can then be returned for free in every DHL shop. A return address label is not included in international shipments because we cannot provide foreign return shipment stamps. For this reason, we would request that you return the package with the least expensive postage. Please include a receipt for the postage in the package and we will reimburse you for these costs. Please enclose the completed product return form as quick processing of your return is otherwise not secured. The enclosure of the product return form is not a prerequisite for the effective completion of the right of return. Please be sure to include your bank details (including your IBAN and SWIFT code) for the return. 4. Prices, Delivery and Shipping Costs 4.1. All prices listed within the online shop are final. This means that they include all price components and sales tax (VAT). 4.2. Unless otherwise agreed upon, all prices do not include packaging, cargo, postage and insurance. Additional delivery and shipping costs are accrued for the products ordered; the amount of these costs will be stated. 4.3. If the customer explicitly requests (transport) insurance or if insurance is required as a result of further term sof the contract, then Spiel & Baby GmbH is authorized to invoice the customer for the additional costs. 5. Payment and Default 5.1. The customer is required to make all payments in full within 14 days of receving the invoice; the date of receival by Spiel & Baby GmbH is decisive. After the term of 14 days then customer is in default without any further declaration by Spiel & Baby GmbH. 5.2. The customer only has a right to offset when their counterclaims are legally binding or have been recognized by Spiel & Baby GmbH. The customer can only carry out their right to retention when their claim is based upon the same contractual relationship. 5.3. If payment is made by credit card, then your card is charged when the goods are shipped. 6. Terms of Delivery and Shipment 6.1. The delivery of goods always takes place against prepayment or payment by credit card and cash on delivery if no other agreement was made with the customer as an exception. For logistical reasons it is not possible to pick-up the goods in person. 6.2. The customer ensures that the complete and correct delivery address is provided. If additional costs result from erroneuous address information, then the customer is responsible for these costs. 6.3. If possible, the customer receives the goods in one package. Partial deliveries are, however, allowed if they are reasonable for the customer. In this case, Spiel & Baby GmbH assumes responsibility for additional delivery and shipment costs. 6.3.1. For business people, the risk of incidental loss and deterioration of the goods purchased is transferred to the business person or the person authorized to accept the goods upon acceptance. For contracts of sale involving the carriage of goods the risk is transferred upon delivery of the goods to a suitable transport person. 6.3.2. For consumers, the risk of incidental loss and deterioration of the goods purchased is transferred to the consumer upon receipt. 6.3.3. The goods are considered transferred if the customer defaults upon acceptance. 6.4. If the customer explicitly requests (transport) insurance or if insurance is required as a result of further term sof the contract, then Spiel & Baby GmbH is authorized to invoice the customer for the additional costs. 7. Notice of Damages in Transit 7.1. If damages occur during transit, then the customer is required to inform Spiel & Baby GmbH immediately. The customer will be supported by Spiel & Baby GmbH when making a claim against the appropriate transport company or transport insurance. 7.2. The customer is required to inform the transport company of a loss or damage to the goods immediately upon delivery, if this is externally visable. If the loss or damage is not noticeable externally then the customer is required to inform the transport company and Spiel & Baby GmbH within seven days of delivery. 8. Retention of Title The ownership of the goods sold (goods subject to retention of title) is retained from consumers until full payment has been made and from business people ownership is retained until all outstanding debts from the business relationship have been paid. 9. Warranty and Guarantee Only the statutory warranty terms apply. Please contact our hotline if you have any further questions. 10. Liability 10.1. Spiel & Baby GmbH is liable without restrictions for damages to life, body or health resulting from intentional or negligent violations of obligations by themselves, their legal representatives or vicarious agents as well as for other damages resulting from intentional or gross negligent violations of obligations and malice by themselves, their legal representatives or vicarious agents. In addition, Spiel & Baby GmbH is liable without restrictions for damages that are included in the liability according to legal regulations. 10.2. Spiel & Baby GmbH is liable for damages that are caused by slight negligence if the negligence of the damage concerns contractual obligations for which compliment is of great meaning for the fulfillment of the cotractual use (Cardinal Obligation); in this case liability is limited to direct losses foreseeable and typical for this type of contract. 10.3. In cases of slight negligent damages to non-essential contractual requirements Spiel & Baby GmbH is not liable towards business people, towards consumers the liabilty is limited to direct losses foreseeable and typical for this type of contract. 10.4. Further liabiliy is excluded without consideration for the legal form of the claim made; this also applies for tort claims. 11. Final Provisions 11.1. German law applies to this contract. For consumers, who do not close the contract for professional or commercial purposes, this legal venue only applies as long as the protection provided by government regulations is not detracted by the regulations in 11.2. The terms of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply. 11.3. The place of fulfillment for all contractual and legal claims is, unless otherwise agreed upon or in conflict with legal regulations, is the headquarters of Spiel & Baby GmbH. 11.4. If the customer is a business person or public law person, then the court of jurisdiction for all claims resulting from this contract is the headquarters of Spiel & Baby GmbH. The same applies when the customer does not have a general court of jurisdiction or place of residence or the place of residence at the time the suit is filed is unknown. Optionally, Spiel & Baby GmbH is also authorized to select a different court of jurisdiction. 11.5. In the event that individual terms and/or conditions of this contract with the customer, including 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 aprtially or completely invalid with an effective regulation that comes as close as possible to the economic intent. |
