General Terms & Conditions

General Terms and Conditions



General terms and conditions (with legal information)

1.0 General and information duties

1.1 The online store at www.babywelle.de is operated by Dr. Michel GmbH, Gabelsbergerstr. 9, 80333 Munich, Germany, Tel.: +49 89 2441 3528, E-Mail: info@babywelle.de, hereinafter referred to as "Seller". The complete imprint can be found at www.babywelle.de/impressum.

1.2 The contractual language is German.

1.3 A contract with you is concluded exclusively under inclusion of these General Terms and Conditions. The inclusion of other deviating terms and conditions is hereby expressly excluded.

2.0 Conclusion of contract, notes on recognizing input errors, contract text storage

2.1 Our offers on the Internet represent a binding offer to you to purchase goods.

2.2 You can place products in the shopping cart without obligation by clicking the button "add to cart". You can view your shopping cart at any time by clicking on the shopping cart symbol and change the quantity to be ordered or delete a product completely from the shopping cart.

2.3 You can end the ordering process by closing the browser window. Further available means for the recognition and correction of input errors will be displayed during the ordering process.

2.4 If you want to order the products in the shopping cart, follow the instructions in the order process. After entering your data and clicking the order button marked "Buy" you accept this offer to conclude a purchase contract. Then your order becomes binding.

2.5 The text of the contract will be saved by the Seller but cannot be retrieved by you. The order data with the contract text will be sent to you by e-mail after receipt of your order.

2.6 Our products are only sold for private use in quantities customary in households.

2.7 If our order confirmation should contain typing or printing errors or if our pricing is based on technical transmission errors, we are entitled to contest the order, whereby we must prove our error. Payments already made will be refunded immediately.

3.0 Prices

The prices stated on the product pages contain the legal value added tax and other price components and do not include shipping costs. There are no shipping costs for shipping within Germany.

4.0 Shipping costs

The exact shipping costs are shown in the order process. There are no shipping costs for shipping within Germany.

5.0 Terms of delivery and reservation of self-supply

5.1 Delivery is currently made by DHL.

5.2 The delivery time is shown on the article page.

5.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, as far as this is reasonable for you.

5.4 Should the delivery of the goods fail through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.

5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments already made.

6.0 Terms of payment

6.1 The following payment options are generally offered, whereby the payment options available in each case are displayed in the order process:

Paypal: You pay the invoice amount via the online provider PayPal (PayPal (Europe) S.àr.l. & Cie, S.C.A). To use Paypal, you may need to be registered with PayPal and create a customer account where your bank or credit card information is stored. After legitimation with the access data you can confirm the payment order to us. Your PayPal account will be debited with the corresponding amount. You will receive further instructions during the ordering process or under www.paypal.de.

Klarna: is a direct bank transfer procedure. You will receive further information during the order process or under www.payment-network.de.

6.2 If you are in default of payment, interest will be charged on the purchase price at a rate of 5 percentage points above the base interest rate for the duration of the default. We reserve the right to prove and claim higher damages caused by default.

6.3 The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7.0 Retention of title

The goods remain our property until full payment has been received. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

8.0 Damage in transit

8.1 If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible (phone +49 89 2441 3528).

8.2 Failure to make a complaint or contact us will not have any consequences for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

9.0 Data protection

You can find more information on data protection on our website www.babywelle.de/Datenschutz.

10.0 Warranty

The warranty is subject to the legal regulations.

11.0 Applicable law, place of jurisdiction, contractual language

11.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11.2 If the customer is an entrepreneur, 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 Munich. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or usual abode is not known at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

12.0 Right of withdrawal

Cancellation policy

You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In order to exercise your right of revocation, you must inform us (Dr. Michel GmbH, Gabelsbergerstr. 9, 80333 Munich, Germany, phone: +49 89 2441 3528, e-mail: info@babywelle.de) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (if you have been charged delivery costs by us for the dispatch and with the exception of additional costs for the return, which result from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we have received notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back 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 event no later than fourteen days from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

End of the cancellation policy

You can use this attached sample form, but it is not mandatory. If you wish to revoke the contract, please copy the text of the form below into a printable document, fill it in, sign it and send it to:

Dr. Michel GmbH, Gabelsbergerstr. 9, 80333 Munich, Germany.

SAMPLE FORM:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods/goods (*)

- Baby wave Quantity (*) .......            Body color: ...................................            Color fabric: ......................................

- Ordered on: .........................           received on:    ........................

- Your customer no.: ........................................         Legal no.: ............................................................

- Name of the consumer(s): ..................................................................................................................................

- Address of the consumer(s): ..................................................................................................................................

- Signature of the consumer(s): ..................................................................................................................................

- Date: ..................................................................................................................................



(*) Delete as appropriate.