General Terms and Conditions § 1 Validity and definition of terms
Conditions
(1) The following general terms and conditions apply to all business relationships between us and the customer in the version valid at the time of the order.
(2) "Consumer" is any natural person who concludes a legal transaction for predominantly private purposes within the meaning of Section 13 of the German Civil Code.
(3) "Entrepreneur" is a natural or legal person or partnership with legal capacity who concludes a legal transaction within the meaning of § 14 BGB in the exercise of their commercial or self-employed professional activity.
(4) "Customers" within the meaning of these terms and conditions are both consumers and entrepreneurs.
(5) Deviating, conflicting or supplementary general terms and conditions of entrepreneurs, even if they are known, are not part of the contract unless their validity is expressly approved in writing.
§ 2 Formation of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders via our SuperBabys online shop.
(2) In the event of the conclusion of the contract, the contract is concluded with:
CNE Commerce
Grossendorf 1 (No return address)
63654 Büdingen, info@superbabys.de
(3) The presentation of the goods in our online shop represents a legally binding offer to conclude a purchase contract on our part. The customer accepts this offer with the order of the desired goods. The purchase contract is concluded when the customer successfully places the order.
(4) The following regulations apply to placing an order in our online shop. The customer accepts our contract offer in a legally binding manner by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:
1. Selection of the desired goods;
2. Confirm by clicking on the "Add to shopping cart" button;
3. Checking the information in the shopping cart; by clicking on the article heading, the respective article description is called up again; by entering a number in the "Quantity" field, the number of selected goods can be adjusted or set to zero and thus removed from the shopping cart;
4. Confirmation by clicking the "Checkout" button;
5. Registration with a registered customer account or indication of the delivery address;
6. Confirmation by clicking on the "Continue to shipping method" button;
7. Choice of shipping method;
8. Confirmation by clicking on the "Continue to payment method" button;
9. Selection of the payment method and, if necessary, specification of a billing address that differs from the delivery address;
10. Binding dispatch of the order and acceptance of our offer by clicking the button "Order with obligation to pay".
11. If you select the "PayPal" instant payment system, you will be redirected to the PayPal log-in page after sending the order in order to log in with your data and confirm the payment; after confirmation, the customer is redirected to our online shop;
12. If you select the "AmazonPay" instant payment system, you will be redirected to the Amazon log-in page after sending the order in order to log in with your data and confirm the payment; after confirmation, the customer is redirected to our online shop;
13. If you select the instant payment system "Sofort" you will be forwarded to the log-in page of sofort.com after sending the order, in order to enter your bank and online access data there and to confirm the payment; after confirmation, the customer is redirected to our online shop.
(5) Before sending the order with binding effect, the customer can go back one step in the ordering process by clicking on the "back to" button and check and correct his or her details there. Closing the internet browser aborts the ordering process. We confirm receipt of the order and the conclusion of the contract directly by an automatically generated e-mail.
(6) OneClickUpsell: If the customer has completed his order using the instant payment system "PayPay", "SOFORT", "AmazonPay" or "Stripe" (credit card payment), the customer will be automatically redirected to our online shop (cf . § 2 paragraph 4 No. 11-13) a short overview with products that match the previous order thematically is displayed. The customer has the option of buying one or more of the displayed products immediately by clicking on the button "Order with obligation to pay" (OneClickUpsell). The delivery/billing address of the previously completed order will be used. Payment is made through the same payment provider of the previously completed order. It is not necessary to log in and/or confirm with the payment service provider again. However, this only applies to orders as part of the OneClickUpsell process that immediately follows the original order. The customer does not give us any general authorization to process payments automatically via PayPal or another payment service provider. If the customer places a new order (acceptance of our offer to purchase one or more products) at a later point in time after being detached from the previous order, he must go through the steps according to paragraph 4 again.
(7) Saving the text of the contract when ordering via our online shop: We save the text of the contract and send you the order data and our general terms and conditions by email. You can also view the terms and conditions at any time at: superbabys.de/Pages/agb.
§ 3 Prices, shipping costs, import duties (customs), payment, due date
(1) The prices indicated include the statutory sales tax and other price components. In addition, there are any shipping costs and, if applicable, import taxes and duties.
(2) The goods in our online shop are shipped directly from our Chinese distributor. Due to customs regulations, the customer as the recipient of the goods is a customs debtor. This means that any import duties incurred are to be paid by the customer.
a) However, upon request, we will of course reimburse the customer for the import details that he demonstrably had to pay for the delivery of the goods. The following costs may arise: - Goods value not greater than 22 euros: no duties - Goods value between 22 euros and 150 euros: import sales tax of 19 percent or 7 percent and excise duty (for goods consignments with goods subject to excise duty) - Goods value greater than 150 euros : Calculation of duties according to the customs tariff (information on how to calculate duties can be found at http://www.zoll.de/DE/PrivatPersonen/Postsendungen- Internetbefertigungen/Sendingen-aus-einem-non-EU-State/Zoll-und-steuern/ Internet orders/internet orders_node.html
b) Alternatively, we grant the customer a separate right of withdrawal if he does not want to continue with the delivery; the right of withdrawal and the statutory warranty provisions remain unaffected. In order to exercise the separate right of withdrawal, the customer should send us the corresponding customs-specific notification, e.g. as a scan or photo, and tell us that he no longer wants to stick to the contract, or ask us to make a refund. The customer then receives the purchase price and any other payments made immediately refunded to the means of payment used by him for the purchase.
(3) We inform the customer in the online shop which specific payment options are available. The customer independently selects the preferred payment method from the available payment methods.
(4) If the customer has chosen to pay by credit card, his account will be debited on the day of the order.
(5) If the customer has selected the PayPal payment method, the payment is processed via the service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, LU-2449 Luxembourg, subject to the PayPal terms of use, which can be found at https ://www.paypal.com/de/webapps/mpp/ua/useragreement-full can be viewed.
(6) If the customer has selected the AmazonPay payment method, the payment will be processed via the service provider Amazon Payments Europe SCA 5, Rue Plaetis, LU-2338 Luxembourg, subject to the AmazonPay user agreement, which can be found at https://pay.amazon.com/de /help/ 201751590.
(7) If the customer has selected the SOFORT payment method, the payment will be processed by the service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, a company of the Klarna Group (Klarna AB (publ), Sveavägen 46, SE-111 34 Stockholm) under the terms of the Klarna User Agreement, which can be viewed at https://www.klarna.com/de/agb/.
(8) The entrepreneur can only offset from an undisputed or legally established claim.
§ 4 Delivery, transfer of risk
(1) The information on the delivery times can usually be found in the product description. If this is not the case, delivery will take place within a maximum of six weeks. The deadline for delivery for all payment methods begins one day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the customer when the item is handed over to the customer, even in the case of mail-order sales.
(3) If the customer is an entrepreneur, the risk and the danger of the shipment pass as soon as the goods have been handed over by us to the commissioned logistics cooperation partner.
(4) If the customer is an entrepreneur, we reserve the right, in the event that we cannot meet a delivery deadline for reasons for which we are not responsible, to determine a new reasonable delivery deadline after informing the customer immediately. If the item ordered is also not available within this new delivery period, we are entitled to withdraw from the contract in the case of entrepreneurs. We will immediately refund any consideration already paid.
§ 5 Retention of title
(1) If the customer is a consumer, we reserve title to the goods until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment. The treatment and processing of the goods by the entrepreneur always takes place in our name and on our behalf. If the goods are processed by the entrepreneur, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same applies if the goods are processed or mixed by entrepreneurs with other items that do not belong to us.
§ 6 Statutory liability for defects
(1) The statutory warranty regulations apply.
(2) In the case of entrepreneurs, warranty claims expire one year after delivery of the goods; § 478 BGB remains unaffected. Deviating from this, the warranty claims for consumers only lapse one year after delivery of the goods for used items.
(3) The shortening of the limitation period does not apply to warranty claims that are aimed at compensation and are based on gross negligence or intent or the violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer can regularly rely.
(4) Claims for damages due to injury to life, limb or health or due to the Product Liability Act remain unaffected.
§ 7 Limitation of Liability
(1) We exclude liability for damage caused by simple negligence, provided that this does not result from the breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely , guarantees for the quality of the object of purchase, damage resulting from injury to life, limb or health or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
(2) In the event of a breach of essential contractual obligations, liability in cases of simple negligence is limited to the damage that is typically associated with the contract and foreseeable.
§ 8 Right of withdrawal of the customer as a consumer:
Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
CNE Commerce
Grossendorf 1 (No return address)
63654 Büdingen, info@superbabys.de
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. End of revocation.
§ 9 Customer Service:
Our customer service for questions, complaints and complaints is available on weekdays from 9 a.m. to 6 p.m. at:
info@superbabys.de
§ 10 Information according to § 36 VSBG
We do not intend to engage in any alternative dispute resolution process, nor are we obligated to do so.
Section 11 Online Arbitration
The European Commission provides a platform for online dispute resolution (OS), which you can reach at: https://www.ec.europa.eu/consumers/odr; our e-mail address is: info@superbabys.de
§ 12 Contract language, choice of law, place of jurisdiction
(1) The contract language is German.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
§ 13 Severability Clause
In the event that one or more provisions of these terms and conditions should be invalid or unenforceable or become so afterwards, the remaining provisions shall remain unaffected, unless one of the contracting parties would be so unreasonably disadvantaged by the omission of individual clauses that sticking to the contract can no longer be expected.
Status of the General Terms and Conditions: March 2020