Last updated on 8 March, 2007

Our address:
ERGObaby Europe GmbH
Braunschweiger Str. 8
39112 Magdeburg
Germany

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). Different conditions will not be accepted by ERGObaby Europe GmbH. The general trading conditions are subject to change without notice. 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 Completion of a 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 Variation

Due to continuous further developement of the products or slightly varying characteristics (e.g. wood texture), minor deviations with respect to the online pictures or descriptions of the products might occur. As long as these deviations do not mean that the products contain defects, ERGObaby Europe GmbH has met its obligations.


§ 4 Offers

Special offers or discounts are always valid within a certain period of time and may expire afterwards without notice.


§ 5 Password, secrecy, loss, commitment to truth

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. The products are delivered to the address stated by the customer at the registration. 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.

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.

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.

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. An e-mail is sufficient to meet the characteristics of written form. Customers oblige themselves to inform ERGObaby Europe GmbH immediately if this e-mail does not reach them within four hours after the completion of the contract. Customers have to see to it that their e-mail accounts can be accessed once their e-mail addresses have been given to ERGObaby Europe GmbH. The reception of e-mails must not be made impossible due to shutdown, faulty accounts, or other reasons. 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.


§ 6 Orders, minimum order value

The order (cf. §2)is a valid contract of purchase according to German law. Orders can be made only by customers which dispose of a shipping address, a billing address, and a sales account in one of the shipping countries.

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. If a minimum order value exists, only orders above this value count as being received.


§ 7 VAT, exemptions

If not stated differently, the prices are inclusive of VAT in conformity with the legal provisions in Germany. Orders from non-EU countries like the U.S.A. or Switzerland are generally VAT-free. They are subject to a 19% additional markon for deliveries into non-EU countries. This way the prices are equal to the prices customers in EU-countries are paying.


§ 8 Delivery

Deliveries are principally restricted to the shipping countries. If you wish to get a delivery into another country, please get in touch with us for further details. Unless otherwise aggreed, the delivery is made ex stock to the stated address. Details about terms of delivery are not binding. 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 informed immediately about the fact that the product can no longer be disposed of. If a specific product cannot be delivered, we will get in contact with you and we will offer you a surrogate product.
All payments that have already been effected concerning this product will be reimbursed without delay. If a customer doesn`t accept a delivery which has been made according to the contract (non acceptance), he has to meet the costs of the repeated delivery and of possible additional costs on behalf of the logistics.


§ 9 Payment

The price of the goods is payable in total incl. shipping and other costs. Customers are free to choose between different modes of payment which might cause additional costs. Bills are payable instantly and completely.


§ 10 Shipping

Postage and shipping costs will be charged seperately. The final price of the product is fixed in accordance with the price valid at the time the contract of purchase has been made.


§ 11 Reservation of proprietary rights

The delivered goods remain property of ERGObaby Europe GmbH until all payments have been made.


§ 12 a Countermands

Customers have the right to withdraw from their contract within two weeks time without any reason. This can only be done either written form (letter, fax, e-mail) or by sending back the goods. This is not possible if the goods have been purchased for commercial purposes. The time limit expires two weeks after both the goods and a detailed instruction concerning the right to withdraw from the contract have been received by the customer. Customers have to direct their countermands to the postal address.
You will find details in your online confirmation or at our page "shipment". You will have to carry the costs for sending back the goods as long as the delivered articles comply with the order. In all other cases the sending back will be free of charge.


§ 12 b Consequences of countermands

In case of an operative countermand, all services rendered at both sides must be recompensed completely. If you cannot recompense the services fully, or if the quality of the goods has been affected, you will have to reimburse ERGObaby Europe GmbH if necessary. This is not necessary if the goods have only been affected to an extent that corresponds with a normal examination in a shop. You can avoid any onligations to reimburse ERGObaby Europe GmbH by not making use of the goods and by avoiding anything that might affect the quality of the goods. The goods have to be sent back in their original packings in a way that is suitable for shipment.


§ 13 Warranties

Warranties meet the legal provisions in Germany. Information about further guarantees can be gathered from the detailed information on the specific products.


§ 14 Data protection, storage of data

According to § 28 BDSG (German Data Protection Act) ERGObaby Europe GmbH is informing its customers that all data which is necessary to wind up affairs is processed and stored electronically according to § 33 of the German Data Protection Act (BDSG). ERGObaby Europe GmbH is offering its customers access to password protected areas which enable the customer to check his data and to execute orders. ERGObaby Europe GmbH makes assiduous efforts to prevent any third party from accessing this data as long as they are both financially and technically reasonable. ERGObaby Europe GmbH will only process and store data that is absolutely necessary to execute orders and to conclude contracts without approval on behalf of the customer. It will only use this data in accordance with the conditions which have been accepted by the customer according to the privacy declaration.


§ 15 Applicable law

German law is generally applicable excluding the UN Purchase Act.


§ 16 Conditions different from the general standard terms and conditions

If a customer uses terms and conditions that are different from these terms and conditions in form and content, only these general standard terms and conditions are valid.


§ 17 Court of jurisdiction

As far as contracts with other companies are concerned, the area of jurisdiction for both parties is the office of ERGObaby Europe GmbH.


§ 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 standard terms and conditions.