Standard Terms & Conditions
General Terms & Conditions ERGObaby Europe GmbH
Last updated on May 22, 2012
Ergobaby Europe GmbH
Managing Director: Prof. Dr. Robert Frost
§ 1 Validity
The following general trading conditions apply exclusively to the business relations between the company (i.e. ERGObaby Europe GmbH) and visitors of the shop (i.e. customers). ERGObaby Europe GmbH is entitled at any time to amend or modify these General Terms & Conditions of Business, including any annexes, with an appropriate notice period. Orders which have been received prior to any changes will be dealt with in accordance with the terms and conditions valid at the day of the order.
§ 2 Contract
The online presentations of the products are not legally binding but constitute a non-binding online-catalogue. After having entered your personal data you can click on the “Order!”-button, which means a legally binding order of the products contained in your storage cart. Your order will be confirmed immediately after you have sent it. The contract of sale is achieved on receipt of goods or after you have received the online confirmation of the delivery. If you do not receive either the goods or an online confirmation within two weeks time, you are not bound by your order anymore.
§ 3 Differences
Because of ongoing product development by the manufacturers and varying characteristics, products may differ from the digital pictures or descriptions on www.ergobaby.eu.
§ 4 Offers
Special offers or discounts are always valid within a certain period of time.
§ 5 Password, secrecy, loss, commitment to truth
1. Customers have to state some personal data if they want to execute online orders. They receive a password and a username which are both necessary to order products. Once you have received your username and password, no further registration will be needed. Both username and password enable the customer to have access to or change his data and give him the possibility to revoke or expand his indulgence with regard to data processings. Customers can check all orders they have made so far via their usernames and passwords. They are obliged to keep them secure in a way that a loss is impossible and no third party can access their usernames and passwords.
2. ERGObaby Europe GmbH has to be informed about the loss of a password immediately which can by done via e-mail as well. ERGObaby Europe GmbH will then refuse any access to password protected areas. Access can only be resumed if the customer fills in an application form which he signs afterwards.
3. Other registrations on behalf of the customer remain untouched by this. If a third party has gained access to the username or the password due to incautiousness, the customer is fully liable for any order which has been made up to the point of the report of the loss. If the username or the password has been accessed by a third party and the customer cannot be held responsible for this access, his liability is limited to EUR 20. The customer is obliged to give only truthful information at the registration.
4. If incorrect information concerning identity, address, or e-mail details have been stated by the customer, ERGObaby Europe GmbH can cancel any contract that has been achieved so far. This withdrawal from the contract is declared in written form.
5. The customer will ensure that the e-mail account he/she has given is contactable and that receipt of e-mail messages is not excluded due to the account being forwarded, inactive or full. Incorrectness of the information given by the customer will be assumed if a message fails to reach the customer and is sent back thrice to ERGObaby Europe GmbH or if the product could not be delivered due to an incorrect address. In such cases, the rules for withdrawal from a contract due to incorrect information will be applied in accordance with section § 13.5.
§ 6 Orders, minimum order value
1. Orders can only be made by customers with a delivery address, billing address and customer account in one of the shipping countries.
2. If you want to order a product from a different country, please get in touch with us. We would be glad to term the shipping costs. Customers cannot lay claim neither to any validity of an order nor to the delivery if they are outside of our shipping countries.
3. In cases where ERGObaby Europe GmbH specifies a minimum order value on www.ergobaby.eu or on another site, only orders at and above this order value will be deemed orders in the meaning of section 2; ERGObaby Europe GmbH is not obliged to process orders below the minimum order value.
§ 7 Prices, overseas surcharge
All prices quoted are final prices and include statutory VAT. In the case of orders made from abroad and not subject to statutory VAT, an overseas surcharge of 19% will apply. Final prices are therefore identical for such countries.
§ 8 Delivery
1. Deliveries are principally restricted to the shipping countries. If you would like to have a delivery sent to other countries, please contact us for shipping details.
2. Unless otherwise agreed, goods are delivered to the delivery address given by the customer. The risk of accidental destruction or accidental deterioration of the goods passes to the customer when the goods are handed over to the designated delivery company.
3. Details about delivery dates are not binding.
4. If the supplier does not supply ERGObaby Europe GmbH with the ordered goods although this has been agreed by contract, ERGObaby Europe GmbH can withdraw from the contract. In this case, the customer will be notified without delay that the product he/she has ordered is unavailable. If a specific article cannot be delivered, we will contact you and offer a replacement article. All payments that have already been effected concerning this product will be reimbursed without delay.
5. If the customer does not accept a delivery that has been duly carried out (non-acceptance), the customer will bear the costs for redelivery and any other additional costs.
§ 9 Payment
1. Invoices are due immediately and are payable in full. Postage, shipping, VAT and/or overseas surcharge are shown separately.
2. There are several payment methods available to the customer for which he/she may incur additional charges.
§ 10 Reservation of proprietary rights
The delivered goods remain the property of ERGObaby Europe GmbH until payment in full.
§ 11 Right of cancellation
You may cancel your contractual acceptance in writing (e.g. letter, fax, e-mail) within two weeks without giving any reasons for your cancellation or by returning the item if already delivered to you before this period expires. The period begins after receipt of this notification in writing of the customer’s right of cancellation. Sending off the cancellation or returning the item in a timely manner is sufficient to comply with the cancellation period. Customers have to direct their countermands to:
ERGObaby Europe GmbH
Fax: +49 40 421 065 199
2. Consequences of countermands
In case of an operative countermand, all services rendered at both sides must be recompensed completely. If you cannot return the service received either in full or in part, or only in a deteriorated condition, you will have to compensate ERGObaby Europe GmbH as applicable. This does not apply to the delivery of items if deterioration of the item is attributable exclusively to its being inspected – comparable to inspecting goods in a retail outlet. You can also avoid the obligation of providing compensation for any deterioration to the item following use of the item in accordance with the instructions by not using the item as if it were your own property and by refraining from doing anything that may reduce its value. Items that can be shipped as a parcel are to be returned at our risk. You will bear the return delivery costs if the goods delivered are the ones ordered and if the price of the item to be returned does not exceed 40 euros or if at the time of cancellation you have not yet rendered payment for a higher priced item or paid a contractually agreed instalment. In all other cases the sending back will be free of charge. Obligations to refund payments must be performed within 30 days. For you, the period begins when you send off your notice of cancellation or when you return the item; and for us when we receive the same.
End of right of cancellation
§ 12 Liability for defects
Liability for defects is in accordance with statutory provisions in which any customer claims for compensation are limited in accordance with section 13. Information about further guarantees can be gathered from the detailed information on the specific products.
§ 13 Liability
1. ERGObaby Europe GmbH is liable in full for damage caused by malicious intent or gross negligence.
2. In the case of ordinary or simple negligence, the liability of ERGObaby Europe GmbH in the event of an infringement of material contractual obligations (obligations which the agreement has to fulfil in accordance with its content and purpose or the fulfilment of which is essential for due execution of the agreement and compliance with which the contracting partner may regularly expect) is limited to typically foreseeable damage. The liability of ERGObaby Europe GmbH in the case of ordinary or simple negligence is otherwise excluded.
3. Notwithstanding section 13.2, ERGObaby Europe GmbH is liable without limitation for damages arising from injury to life, limb or health as a result of a maliciously intentional or negligent breach of duty on the part of ERGObaby Europe GmbH.
4. The liability regulation in section 13 also extends to the personal liability of the legal representatives and vicarious agents of ERGObaby Europe GmbH.
5. Statutory liability in accordance with the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 14 Data protection, storage of data
§ 15 Applicable law
German law applies to the exclusion of the UN Sales Convention.
§ 16 Customer terms and conditions
The customer’s general terms and conditions do not apply and are not part of the agreement.
§ 17 Court of jurisdiction
The place of fulfilment and the place of jurisdiction in the case of agreements with businesses is the head office of ERGObaby Europe GmbH for both parties.
§ 18 Miscellaneous
ERGObaby Europe GmbH takes no responsibilities whatsoever for any printing errors (also in digital form), or mistakes with regard to the prices indicated.
End of the General Terms & Conditions of Business.