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Home > Terms & Conditions

Terms & Conditions

GENERAL TERMS AND CONDITIONS OF https://babykomfort.de

Welcome to Babykomfort.de!

§ 1

Scope and provider

  1. The General Terms and Conditions (hereinafter referred to as "Terms and Conditions") govern the sale of products by Babykomfort Deutschland GmbH (hereinafter referred to as Supplier) to you, in the version valid at the time of the order.

  2. Deviating from these terms and conditions, the customer will be rejected.

  3. Please read these conditions carefully before placing an order with Babykomfort Deutschland GmbH. By placing an order with Babykomfort Deutschland GmbH, you agree to the application of these conditions of sale to your order.

  4. On Babykomfort.de we offer the sale of the following products: Baby shoes, babyshoes and leather slippers, children's items

§ 2

Conclusion of the contract

  1. Contracts on this portal can only be concluded in German.

  2. The offers are aimed exclusively at end customers having a billing and delivery address in Europe. For individual bulky goods the possible delivery addresses as well as the place of delivery may be limited; the restriction is shown in the respective list.

  3. The customer must be of at least 18 years of age.

  4. The presentation of the goods in the online shop does not constitute a legally effective offer. By this presentation, the customer is merely asked to choose an offer.

  5. Your order represents an offer to Babykomfort.de to conclude a purchase contract. The customer makes a binding offer when he goes through the online ordering process by entering the information as requested and clicking the "Confirm order" button in the end.

  6. The purchase contract between the supplier and the order maker is only concluded by a declaration of acceptance by the provider. This is done at whichever is the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

  7. The effectiveness of contracts for quantities larger than households and the commercial resale of the purchased object, requires the confirmation of the provider. This refers both to the number of products ordered as part of an order and to the abandonment of multiple orders for the same product, where each order includes a common household quantity.

  8. Your orders will be stored with us after conclusion of the contract. If you lose your documents regarding your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.

  9. You agree that you will receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account of the website. We will inform you for each delivery about the shipping confirmation if an electronic invoice is available. For more information about electronic invoices, visit our website.

§ 3

Prices and shipping costs

  1. Our prices include the applicable statutory value added tax and do not include any shipping costs or shipping surcharge. The shipping cost surcharges vary depending on the delivery method and the respective article’s condition.

  2. Despite our best efforts, a small number of products in our catalog may be priced the wrong way. We check the prices when we process your order and before we charge the payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before shipping the product to ask you if you would like to buy the product at the corrected price or cancel the order, If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.

  3. The prices declared at the time of order are applicable. If a price list is available, the prices of the desired product valid at the time of order are applied.

§ 4

Delivery and cancellation

  1. Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Babykomfort.de (for example on the respective product detail page). We also mention that all information on the availability, shipping or delivery of a product is merely an estimate and constitutes of approximate values. They are not binding or guaranteed shipping and delivery dates, unless it is expressly stated as a binding date for the shipping options of the respective product.

  2. If Babykomfort.de discovers the unavailability of your order during the processing, you will be informed separately by an e-mail or by a message to your customer account. The legal rights of the customer remain unaffected.

  3. If a delivery to the costumer is not possible because the delivered goods do not fit through the front door, or the staircase of the customer or because the costumer is not found under the delivery address specified by him, although the delivery date was mentioned before, the buyer has to pay the costs for the unsuccessful delivery.

  4. The delivery is made in accordance with the payment method of the customer. The delivery takes place after the issuance of the payment order in advance, to the referring bank. When paying through PayPal, credit card, gift card, direct debit, Sofortüberweisung or invoice the delivery takes place after the conclusion of the contract.

  5. If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with respect to each shipping confirmation, a separate purchase agreement is concluded between us on the products listed in the respective shipping confirmation. The contracting partner is still Babykomfort Deutschland GmbH. Regardless of your right of withdrawal, you can cancel your order for any product at any time before sending the related shipping confirmation.

§ 5

Payment Methods

(1) The customer can pay for the goods by the following payment methods:

  • PayPal

  • Credit card

  • Sofortuberweisung

  • On Bill

Payment on account is only possible for consumers over 18 years. The delivery address, house address and billing address must be identical and should belong to the EU countries.

For services that are conveyed online (for example, software for download) and for the purchase of gift cards, the payment from account is not possible. The amount invoiced become due with receiving the bill. Babykomfort Deutschland GmbH reserves the right of not to offer certain forms of payment in individual cases.

When paying on account with any applicable shipping costs for the complete shipment once a fee of 0 € (zero euros) including the applicable VAT per delivery, is also included. The customer is always informed separately before the conclusion of the contract about whether this fee is incurred.

If the invoice amount is not paid on the due date for reasons attributable to the purchaser, Babykomfort Deutschland GmbH charges a lump-sum compensation of € 10 (ten euros). The customer has the right to prove that the damage did not occur at all or is substantially lower than the lump sum.

When paying on account and in other cases Babykomfort.de examines and evaluates the data provided by the purchaser, on a justified cause.

 

  1. Certain payment methods may be excluded in individual cases by the provider.

  2. The customer is not allowed to pay for the goods by sending cash or checks.

  3. Should the customer choose an online payment method, the costumer hence authorizes the supplier to collect the amounts due at the time of the order.

  4. If the provider offers payment in advance and the costumer selects this method of payment, the costumer must transfer the invoice amount to the account of the provider within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.

  5. If the provider offers payment by credit card and the costumer selects this method of payment, the latter specifically authorizes the provider to collect the amounts due after the partial deliveries or when the deliveries of goods have been dispatched.

  6. If the provider offers payment by direct debit and the costumer selects this method of payment, the costumer grants the provider a basic SEPA mandate. If the payment by a direct debit suffers a back posting of a transaction due to the absence of account coverage or due to wrongly conveyed data of the bank account, then the costumer has to bear the costs for it.

  7. If the provider offers payment in advance and the costumer selects this method of payment, the costumer undertakes to pay the invoice amount within 14 days after the dispatch of goods without the deduction of any discount.

  8. If the customer has a payment default, the provider reserves the right to proclaim the delay damages.

§ 6

Set-off and right of retention

  1. The costumer is entitled to set-off only if the counterclaim of the costumer has been legally established or has not been disputed by the supplier.

  2. The costumer can only exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 7

Retention of title

Babykomfort Deutschland GmbH retains the ownership of the goods until full payment.

§ 8th

Transport damage

  1. Should the customer receive the goods with obvious transport damage, the supplier shall request him to complain as soon as possible.

  2. Should the costumer miss the complaint, this will have no consequences on the statutory warranty rights. The complaint is for the purpose that the supplier can assert his own claims against the carrier.

§ 9

Law for Defects

  1. If the customer is a consumer, then the warranty and liability for defects of the delivered object of purchase is in accordance with the statutory provisions:

Accordingly, in the European Union, customers have warranty rights in addition to your 30-day return for a period of two years from the delivery of the goods that may require repair or replacement of the products purchased on Babykomfort.de, if these products prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or with ease, you may request the reduction of the purchase price or a refund.

  1. In the case of used goods, the warranty period may be shorter than two years.

  2. If the purchaser is not a consumer, the defect is remedied by a new delivery.

  3. If the customer is not a consumer, the limitation period is one year. This does not apply to claims for damages and reimbursement of expenses that are asserted against compensation for damage in terms of body and health or intent or gross negligence.

§ 10

Limitation of Liability (Products)

  1. The provider is liable to claims for damages to the customer from injury to life, limb, and health or from the breach of essential contractual obligations, as well as for other damages due to their willful or gross negligent breach of duty.

  2. Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.

  3. The provider is liable for violations of essential contractual obligations that are based on typical-contract foreseeable damages, provided the damage was simply caused by negligence. This limitation does not apply to the purchaser’s claims for damages based on injury to life, limb or health.

  4. The provisions of the Product Liability Act remain unaffected.

  5. Insofar as the liability of Babykomfort.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 11

Cancellation

If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

  1. Right of withdrawal:

You have the right to withdraw from this contract within thirty days without giving any reason.

The cancellation period is thirty days from the date on which you or a third party named by you, who is not the carrier, the goods (or the last good, partial consignment or piece in the case of a contract for several goods of a single order or the delivery of goods in several partial consignments or pieces) have taken possession, without giving any reasons to revoke.

To exercise your right of withdrawal, you must contact us at:

Babykomfort Deutschland GmbH

Kreisstr. 1

76297 Stutensee

Telephone: 0721 97640456

E-Mail: [email protected]

This should be done by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the model withdrawal form on our website or send us another clear explanation. If you make use of this option, we will promptly (for example by e-mail) send you a confirmation of receipt of such withdrawal.

To comply with the withdrawal period, it is sufficient that you send the notice of withdrawal before the expiry of the withdrawal period and you have returned the goods via our online return center within the deadline specified.

For additional information regarding range, content and explanation of exercise, please contact our customer service.

  1. Consequences of the revocation:

If you withdraw from an Agreement, all payments that we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) will be repaid immediately and at the latest within 30 days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees.

We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any case not later than 30 days from the date on which you inform us of the cancellation of this contract at the following address.

Babykomfort Deutschland GmbH

Kreisstr. 1

76297 Stutensee

Telephone: 0721 97640456

E-Mail: [email protected]

The deadline for the goods to be returned or handed over is met if you send the goods before the expiry of the period of 30 days. You will have to bear the immediate costs of returning the goods. None of the parcels will be picked up at your place.

  1. Exceptions to the right of withdrawal

You have to pay for the loss of value of the goods only if this loss of value is due to a handling and is not a hindrance for the examination of the nature, characteristics and functioning of the goods.

The right of revocation does not exist or expires with the following contracts:

  • In the case of delivery of goods which are not suitable for return for reasons of health or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery.

  • In the case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

  • In the case of delivery of goods that are made to customer specifications or clearly tailored to personal needs.

  • In the case of delivery of goods that can be spoiled quickly or whose expiration date would quickly be exceeded.

  • In the case of services. If Babykomfort.de has provided these completely and you have taken note prior to the order and have expressly agreed that we can begin to provide the service then you lose your right of withdrawal in the event of full performance of the contract.

  • In the case of delivery of newspapers and magazines with the exception of subscription contracts; and

  • For the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, but whose delivery can be made only after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.

§ 12

Exclusion of the right of withdrawal

  1. The right of withdrawal does not apply to contracts:

  • Pertaining to the delivery of goods that are not prefabricated and for the manufacture of which a costumer’s selection is required or which are clearly tailored to the personal needs of the consumer.

  • Pertaining to the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;

  1. The right of revocation expires early in contracts:

  • Pertaining to the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene when their seal has been removed after delivery.

  • Pertaining to the delivery of goods, if, depending on their nature, they were inseparably mixed with other goods after delivery

  • Pertaining to the delivery of sound or video recordings or computer software that’s dispatched in a sealed package, if the seal has been removed after delivery.

§ 13

Privacy

  1. If any personal information (such as name, address, e-mail address) is collected, we agree to seek your prior consent. We undertake not to disclose any information to third parties, unless you have previously consented.

  2. We agree that the transmission of data on the Internet (eg by e-mail) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.

  3. Third parties are not entitled to use contact data for commercial activities, provided the provider has previously given the concerned person’s written consent.

  4. At any point in time, you have the right to receive information from Babykomfort.de on the data you are interested in completely and free of charge.

  5. Furthermore, the costumer has the right to the correction / deletion of data / restriction of processing for the user.

  6. Further information on data protection can be found in the separate privacy policy.

§ 14

Cookies

  1. In order to display the product offer, we may use cookies. Cookies are small text files stored locally in the cache of the site visitor's Internet browser.

  2. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual's browser from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by the unique cookie ID.

  3. Through the use of cookies, the users of this website can be provide more user-friendly services that would not be possible without the cookie setting.

  4. We point out that some of these cookies are transferred from our server to your computer system, which are mostly session-based cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).

  5. You can object to the storage of cookies, for this you have a banner at your disposal which you can disagree / accept.

  6. Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions for the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

§ 15

Jurisdiction and applicable law

  1. Disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Sales Convention.

  2. The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the domicile of the provider.

§ 16

Final provisions

  1. The Contract language will only be German.

  2. We do not offer products or services for sale to minors. Our children's products can only be bought by adults. If you are under 18, you may use Babykomfort.de only with the assistance of a parent or guardian.

  3. If the breach of these Terms and Conditions is from your side and not ours, we shall remain entitled to exercise our rights on any occasion in which you violate these Terms of Sale.

  4. We reserve the right to make changes to our website, rules and regulations, including these terms and conditions at any time. Your order will be subject to the Terms of Sale and Contractual Terms and Conditions in force at the time of your order, unless any change to these terms is required by law or governmental authority (in this case, it will apply to the undelivered orders placed by you before the change as well). If any provision of these Terms of Sale is ineffective, void or for any reason unenforceable, then this provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  5. The ineffectiveness of one provision does not affect the validity of the other provisions of the contract. If this occurs, the provision shall be replaced by another legally permissible provision which corresponds to the purpose of the invalid provision.