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General Terms and Conditions

As per 08/2016

 

I. Subject matter

The following general terms and conditions (GTC) govern the provision or implementation of all current and future services and deliveries of the contract parties that the customer orders via online shopping on the internet via the homepages:

www.babies-and-kids.com
www.babys-und-kids.com
www.bebes-et-kids.com

at
Babies & Kids
- Gerhild Strasser-Lesicar -
Steglen 51
71083 Herrenberg
Germany
Fax: +49 (0)7032 / 95 20 74
Email: mail(at)babies-and-kids.com

(consecutively: Babies & Kids).

Different conditions of the customer / buyer are not accepted by Babies & Kids, unless their validity is expressly agreed. Verbal ancillary agreements are not made by the parties.

 

II. Conclusion of the contract, contract language, contract text storage

(1) The presentation of products in the online shop does not constitute a legally binding offer, but an offer without obligation.

(2) After entering your personal data and clicking the button "place order" in the final step of the ordering process, you make a binding offer to purchase the goods contained in the shopping cart. Before submitting the order you have the possibility to modify your order or to identify and correct any input errors.

(3) The confirmation of the order follows immediately after sending the order. This automatic acknowledgment of receipt only documents that the order has been received by us and is not an order acceptance.

(4) We are entitled to accept your order within 5 days of receipt by sending a separate order confirmation in writing or in text form (eg email), in which the processing of the order or the delivery of the goods will be confirmed, or by delivering the goods. After lapse of time without acceptance, the offer is rejected, so no contract has become valid.

(5) The available contract language is English.

(6) The contract text is stored. You can always see the general terms and conditions (GTC) on www.babies-and-kids.com and save them on your computer. The order contents will be sent by email and are available for inspection after registration in the login area.

 

III. Payment

(1) Only the payment methods shown during the ordering process are accepted. They can be reviewed on the website in advance before shopping.

(2) Babies & Kids reserves the right to accept or exclude certain payment types.

(3) Cash and checks are not accepted. Babies & Kids does not assume liability for any loss of cash and checks.

 

IV. Delivery

(1) The delivery of the goods will be carried out to the address provided by the customer. Information about delivery times can be found in the offer.

(2) The delivery charges are shown during the ordering process and can also be viewed in the customer information on the website in advance before shopping.

(3) If, despite careful planning, an item can’t be delivered, the customer will be informed by email and possibly already made payments are refunded.

 

V. Reservation of proprietary rights

The goods remain property of Babies & Kids until fully paid.

 

VI. Prices

(1) The indicated price of our goods is the final price including any applicable VAT and other price components. The price does not include shipping charges.

(2) With the update of the internet pages of Babies & Kids all previous prices and other information about goods become invalid.

(3) The price at the time of placing the order by the customer is applicable for the invoicing.

 

VII. Return charges when exercising the right of withdrawal

If the consumer exercises his right of withdrawal according to paragraph VIII. of the GTC, he has to bear the direct costs of returning the goods.

 

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VIII. Right of withdrawal for consumer

Consumer is every natural person, who concludes a transaction for purposes which predominantly are neither imputable to their commercial nor to their self-employed professional activities.

Right of withdrawal for consumer

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date on which you or a representative of you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must notify us

Babies & Kids
- Gerhild Strasser-Lesicar -
Steglen 51
71083 Herrenberg
Germany

Email: mail(at)babies-and-kids.com
Fax +49 (0)7032 / 95 20 74
Phone +49 (0)7032 / 91 68 19

by a clear statement (eg a letter by post mail, fax or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form which, however, is not mandatory.

In order to meet the deadline of the revocation period it is sufficient for you to send the message about your exercise of the right of withdrawal before the withdrawal deadline.

 

Effects of the withdrawal

If you withdraw from this contract, we refund all payments that we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a type of delivery other than the standard delivery offered by us), within fourteen days from the date on which we received your notice about your cancellation. For this repayment we use the same payment method that you used for the initial transaction, unless you explicitly agreed otherwise; in no case you will be charged fees for this repayment.
We may withhold the reimbursement 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 promptly and in any case not later than fourteen days from the date on which you notify us about the withdrawal of this contract. Please return the goods to our address

Babies & Kids Apparel Ltd
1st Floor
66 Birmingham Street
Oldbury
B69 4DZ
United Kingdom

The deadline is met if you dispatch the goods before the period of fourteen days ends.

You have to bear the direct costs of returning the goods.

You only need to pay for any diminished value of the goods, if the deterioration in value is not due to a necessary examination to ascertain the nature, characteristics and functioning of the goods.

 

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Reasons for the inexistence and for the early expiration of the right of withdrawal:

The right of withdrawal does not apply for the distance selling:

For the delivery of goods which are not prefabricated and which need an individual selection by the consumer to be manufactured or which are manufactured especially for the individual needs of a consumer.

The right of withdrawal expires early:

For the delivery of goods which are sealed for health protection reasons or hygiene reasons and which are therefore not intended to be returned as soon as the seal is broken after their delivery.
For the delivery of audio and video recordings or computer software in a sealed package, if the seal was broken after delivery.

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Sample withdrawal form

If you want to withdraw the contract, then please fill out this form and send it back.

To:
Babies & Kids
- Gerhild Strasser-Lesicar -
Steglen 51
71083 Herrenberg
Germany
Email: mail(at)babies-and-kids.com
Fax +49 (0)7032 / 95 20 74

Hereby I/we (*) give notice that I/we (*) withdraw from my/our (*) concluded contract for the purchase of the following products/services (*):

Ordered on (*)/received on (*):

Name of customer:

Address of customer:

Signature of customer (only when sent as a letter on paper):

Date:

(*) Please delete where inapplicable.



 

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IX. Cancellation

(1) Babies & Kids is entitled to cancel the contract, even in respect of an outstanding part of the delivery or service, if false information about the creditworthiness of the customer has been supplied or reasons concerning the solvency of the customer have occurred, and if the customer does neither pay in advance (on request of Babies & Kids) nor does even provide a suitable security before delivery or if the customer is declared bankrupt or is having insolvency proceedings against his assets

(2) Regardless of the claims for compensation from Babies & Kids, all possible partial deliveries or services in the case of a partial cancellation have to be billed and paid according to the contract.

 

X. Warranty

The warranty is subject to the statutory provisions.

 

XI. Liability limitation

(1) For other damages than loss of life, body and health damage, Babies & Kids is only liable if such damages are based on intentional or grossly negligent acts or culpable violation of an essential contractual obligation by Babies & Kids or its vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected.

(2) According to the current state of the art, data communication over the internet can’t be completely error-free and/or its availability can’t be guaranteed at all times. Therefore, the internet shop is not liable for the constant availability of www.babies-and-kids.com.

 

XII. Place of venue

All disputes arising from this contract are subject to the laws of the United Kingdom of Great Britain and Northern Ireland. The application of the UN Sales Convention is excluded. If all parties of the contract are business people, the court at Babies & Kids Apparel Ltd headquarter is responsible, unless an exclusive venue is justified for the dispute.


XIII. Additional customer information

(1) Technical steps leading to the conclusion of the contract and correction options: You can put the goods you want to buy in the virtual shopping cart without obligation. You can always view its contents and correct or delete them. If you want to buy the selected goods please click on "PROCEED TO CHECKOUT". You are requested to input your personal data, prompted to choose the payment method and confirm the knowledge of the customer information. You can cancel the ordering process at any time by closing the browser window or complete it by sending the order. Any input error when placing your order can be identified and corrected before submitting the order using the correction functions in the final summary.

(2) For the essential characteristics of the goods offered by us, please refer to the product descriptions in our online offerings.

(3) The language for the conclusion of the contract is English.

(4) For complaints and other warranty claims please contact us at the address given in the company details or use the contact form.

(5) The warranty is subject to the statutory provisions.

(6) The text of the contract will be filed. You can always view the general terms and conditions (GTC) on www.babies-and-kids.com and save it to your computer. The order details will be sent via email and are available for review after registration in the login area.



You can find a download of the GTC as PDF file here. To view the PDF file you need to have the Acrobat Reader from Adobe, which can download here for free.

 

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