Terms and Conditions
1. Scope of Validity
The following terms and conditions regulate any contracts entered into with us (Babymarkt.de GmbH) on the basis of offers made on the websites of our online-shop www.baby-markt.com(babymarkt.de GmbH, Wulfshofstraße 22, 44149 Dortmund, managing directors Bastian Siebers, Thomas Drerup, commercial register Amtsgericht Dortmund, HRB 9168). A consumer is any natural person that concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent activity. Entrepeneur is any natural or legal person or any partnership with legal rights that, at the time the agreement is concluded, is exercising its commercial or independent professional activity.
2. Prices, Shipping Costs, Delivery
Orders placed with our online shop are subject to the prices listed at the time at which the order is placed. The prices stated are final prices in Euro. This means that the prices include all price components and sales tax (VAT). Additional costs/fees connected to individual modes of payment are indicated clearly during the ordering process. Furthermore, shipping cost may be charged. We exclusively deliver within Germany and to the following countries: United Kingdom, Luxembourg, Bulgaria, Cyprus, Estonia, Greece, Hungary, Republic of Ireland, Latvia, Lithuania, Malta, Portugal, Romania and Slovenia . Orders to be shipped to a delivery address in Germany whose order value exceeds € 50 are shipped free of charge. For orders to be shipped to a delivery address within Germany whose order value does not exceed € 50, shipping costs of € 4.95 per order have to be paid by the customer. For orders to be shipped to other EU countries to which babymarkt.com offers delivery, the following shipping costs apply: 1) Hungary : 11.99 €, 2) Portugal: 11.99 €, 3) Luxembourg: 8.99 €, 4) Bulgaria: 11.99 €, 5) Estonia: 11.99 €, 6) Greece: 11.99 €, 7) Republic of Ireland: 11.99 €, 8) United Kingdom: 8.99 €, 9) Latvia: 11.99 €, 10) Lithuania: 11.99 €, 11) Romania: 11.99 €, 12) Slovenia: 11.99 €, 13)Cyprus : 11.99 €,14) Malta : 11.99 € . The final amount due is indicated clearly during the checkout process on baby-markt.com and in the invoice. Information regarding these costs is provided on our website and during the order transaction. The delivery time amounts in Germany 1 – 2 days and to other countries 2 to 4 days , unless otherwise stated. Goods are usually delivered by DHL a company of Deutsche Post AG. We are entitled to commission further or other companies to deliver the goods.
3. Conclusion of Contract, Contractual Language
The presentation of products is not a legally binding offer, but is an invitation for customer in order to make a confirm offer. In the website page for ordering, you can recheck your input data. By clicking the button ‘Submit Order’, the purchase process ends. In this case, you have issued a binding order. This process can be interrupted by closing the browser window. On each page, you will receive further information, for example opportunities for correction. After successfully ordering online, you will receive an automatic confirmation E-Mail that documents your order in written form. A contract is not valid yet. A valid contract between customer and Babymarkt is only when Babymarkt receives the offer by E-Mail or when Babymarkt sends out products in five days.
A binding contract is completed in the following situation, depending on the selected payment:
- If you choose Credit card as payment method, the contract is completed when Babymarkt charges the amount in your credit card.
- If you choose PayPal as payment method, the contract is completed when customer receives a confirmation of money order from PayPal.
- If you choose pre-payment as payment method, the contract is completed with the receipt of the order confirmation.
The contract is exclusive in German language. We only sign contracts with clients who are over 18 years old. Products can be submitted only in small amount. If there is free product in the order, the ownership of the free product has been completely transferred only when there is no withdraw of your purchased products and the date for product withdraw is expired. If the purchased product has been withdrawed, the free product should be returned back to Babymarkt. You can review the TOS on Babymarkt online shop website in PDF-Form http://www.baby-markt.com/en/terms-and-conditions/ . Furthermore, you can print and save this TOS by using the appointed function in your internet browser. You can also download and archive this document as PDF form. Please note that only the german version is legally binding.
With each new order, you can choose your mode of payment. Modes of payment available vary between countries. For orders to be shipped to a delivery address in Germany , payment by credit card or by Paypal is available. For orders to be shipped to other EU countries to which babymarkt.com offers delivery, the following modes of payment are available: 1) Hungary: PayPal, Pre-Payment, Credit Card, 2) Portugal: PayPal, Pre-Payment, Credit Card, 3) Luxembourg: PayPal, Pre-Payment, Credit Card, 4) Bulgaria: PayPal, Pre-Payment, 5) Cyprus: PayPal, Pre-Payment, 6) Estonia:: PayPal, Pre-Payment, Credit Card, 7) Greece: PayPal, Pre-Payment, 8) Republic of Ireland: PayPal, Pre-Payment, Credit Card, 9) United Kingdom: PayPal, Pre-Payment, Credit Card, 10) Latvia: PayPal, Pre-Payment, Credit Card, 11) Lithuania: PayPal, Pre-Payment, Credit Card, 12) Romania: PayPal, Pre-Payment, 13) Slovenia: PayPal, Pre-Payment, 14) Malta: PayPal, Pre-Payment. Babymarkt.de GmbH reserves the right to exclude certain modes of payment in individual cases. Cash or cheques sent via mail cannot be accepted. Babymarkt.de GmbH does not assume any liability in case of loss or damage.
Amounts due for payments with credit card are only debited after the goods have been shipped from our premises. We accept Visa, Mastercard/Eurocard and American Express.
On principle, payment may also be made by redeeming coupons. In each order, only one coupon may be used. To redeem coupons, please enter the coupon code while placing the order. Expired coupons cannot be redeemed. The coupon is not re-issued if an order is cancelled. With returned orders/goods, only the amount paid for the goods returned is reimbursed, excluding the value of the coupon. The used coupon is not issued anew. Orders exceeding € 100.00 can also be paid for by financing (subject to the applicable rate of interest). The other party to the contract is Commerz Finanz GmbH. This offer is valid only for orders placed online with Baby-Markt.de. Irrespective of your chosen mode of payment, you receive an invoice via e-mail simultaneously to shipping. The overview of your order provided at Baby-Markt.com is not an invoice.
In case of delayed payment, Babymarkt.de GmbH reserves the right to charge overdue fines of €3.00 for each reminder (exempting, as far as necessary, the reminder establishing default). This does not affect further claims to payment of default interest or refund of cost of legal action. We might claim these costs in addition.
Within the scope of factoring, we are entitled to assign claims to Fa. BFS finance GmbH, Gütersloher Str. 123, 33415 Verl, Germany for collection.
You will receive your invoice via e-mail. Invoices are not sent by letter.
5. Redeeming promotion coupons
You can receive promotion codes for our online shop during promotion campaigns via e-mail or as a coupon.
Only one coupon can be redeemed per order. Coupons cannot be paid cash. A promotion coupon cannot be combined with another promotion. Coupons are only valid to reduce the price of the goods and cannot be applied for shipping costs or other fees. The validity of our coupons may be restricted to certain products, manufacturers, brands or product categories. Coupons cannot be redeemed for products of the brands Angelcare, HTS Besafe, Bugaboo, Kiddy, Mutsy and TFK. After a coupon expires or after an order has been placed, the coupon can no longer be redeemed. Our coupons can only be redeemed online, not in our physical shops. Coupons are only valid during the indicated promotion period. The coupon will not be refunded if the goods are returned partly or in total. If you used a coupon upon ordering, babymarkt reserves the right to charge you with the original price of the goods you keep, if the total order amount falls under the value of the respective coupon because of your withdrawal.
6. Cancellation Right
Consumers have a Cancellation Right.
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical posession of the last lot or piece. To exercise the Cancellation Right, you must inform us (babymarkt.de GmbH, Wulfshofstraße 22, 44149 Dortmund, Hotline: 0049231-53471293, Fax: 0049231-53471110, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached Model Cancellation Form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay, and no later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before ther period of 14 days has expired. We will bear the 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.
Model – Cancellation Form
(If you want to cancel the purchase contract, please fill the below form completely and send it back to us.)
To babymarkt.de GmbH, Wulfshofstraße 22, 44149 Dortmund, Germany, Telefax number: 0049231-53471110, E-Mail:email@example.com
- I/We (*) give notice that I/me (*) cancel my/our contract of sale of the following goods (*)
- Ordered on (*) / received on (*)
- Name of consumer (s)
- Address of consumer (s)
- Signature of consumer (s) (only of this form is notified onpaper)
Exclusion of the right of Cancellation
The right of Cancellation does not apply to the following contracts:
contracts for delivery of goods, which are not prefabricated and that are clearly manufactured to customer specifications,
contracts for delivery of goods, which perish quickly or which would quickly pass their expiry date,
contracts for delivery of sealed goods, which may not be returned due to regulations of health or hygiene if the seal has been removed after delivery,
contracts for delivery of goods, if they were inseparably mixed with other goods due to their texture after delivery,
contracts for delivery of audio or video recordings or video records and computer software in a sealed package, if the sealing was removed after delivery, contracts for delivery of newspapers or magazines, excluding subscriptions. Entrepeneurs are not entitled to cancel contracts.
7. Warranty Rights
The legal warranty rights shall be valid.
8. Reservation of Title
Until the goods have been paid in full, they remain property of Babymarkt.de GmbH.
Right to Withdraw
You can revoke the use, processing and transmission of your data for marketing purposes any time by submitting a note to the following address: babymarkt.de GmbH, Wulfshofstr. 22, 44149 Dortmund, Tel. 0231/53471100, Fax: 0231/53471110, E-Mail: firstname.lastname@example.org. If you would like to inquire about your stored data, please contact us by phone, mail or e-mail.
10. Dispute Resolution Procedure
The European Commission has provided a platform for Online Dispute Mediation. This platform can be found at http://ec.europa.eu/consumers/odr/.
Babymarkt is not obliged to exhaust means of dispute resolution before resorting to arbitration of EU Online Dispute Resolution.
For further information, please contact us at email@example.com.
11. Information and return obligations by Electrical andElectronic Equipment Act (Electrical, Act ) & Battery Ordinance (Battery Act)
(According to the Electrical Act & Battery Act, the following content is effective within Germany only.)
According to the Electric Act, products marked with the following symbol must be disposed separately, and can not be disposed together with household waste:
If the size does not exceed 25 cm, we can dispose the equipment marked with the symbol mentioned above, free of charge.
The disposal of larger units is only possible if it is a corresponding or comparable equipment purchased from us. For more information, please contact us. Old battery and old accumulators, which are not covered by the device must be removed before delivery and special handling.
As our products may contain batteries, we point out the following in compliance with the German Battery Act:
Batteries and accumulators must not be disposed of with household waste, but you are legally obliged to return the used batteries and accumulators. Old batteries can contain harmful substances that can damage your health by improper storage or disposal in the environment. Batteries also contain important raw materials such as iron, zinc, manganese or nickel, which can be recycled. You can return them free of charge (for instance, commercially or in municipal collection points) the batteries after use either return to us or in the immediate vicinity. The symbol “crossed-out wheeled bin” means that you must not dispose batteries and accumulators with household waste.
These signs can be found on batteries containing pollutants and batteries:
Hg: battery contains more than 0.0005 percent mercury,
Cd: battery contains more than 0.002 percent cadmium,
Pb: battery contains more than 0.004 percent lead.
located in Dortmund
Wulfshofstrasse 22 - Indupark
Managing directors: Bastian Siebers, Thomas Drerup
(working day: Monday-Friday 8:00am to 5:00pm, Central European Time, GMT+02:00)
Tel.: +49 (0)231 - 5347 1293
Fax: 0049 0231 - 5347 1110
USt-Ident.Nr.: DE 811377710
Commercial register: HRB 9168
District court of Dortmund
Valid as of: January 2017