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General Terms and Conditions and Consumer Information

§ 1 Basic Regulations

(1)  The Terms and Conditions set forth below shall apply to all contractual relationship between Valentin Beck, Bezirksstraße 185, 66440 Blieskastel, Germany - hereinafter referred to as supplier and the customer, which are closed on the website of the supplier  www.maxis-babywelt.de.  Unless expressly agreed otherwise, the inclusion of the customers own terms and conditions is rejected.

(2)  Consumer, according to the following rules shall mean any natural person who enters into a transaction for a purpose that is neither commercial nor independent professional activity can be attributed. Entrepreneur is any natural or legal person or a legal partnership, which in concluding a legal transaction, exercises independent professional or commercial activity.

(3)  The contract language is German. The full text of the contract is not stored by the Provider. Before sending the order through the online - shopping cart system, the contract data can be printed with the use of browser?s print function or saved electronically. After receipt of the order by the Provider, the order data, the information required for distance contracts and the terms and conditions will be sent by e-mail to the Customer again.

Concerning requests, e.g. sent to the supplier, the customer receives all contract data in a binding offer sent by email, which the customer can print or save electronically.

§ 2 Subject Matter

The subject of this contract is the sale of goods. The details, in particular the essential characteristics of goods are included into the item description and additional information on the website of the supplier. 

§ 3 Contract Conclusion

(1)  The product presentations of the supplier on the Internet are non-binding and can not be regarded to as binding offer for contract conclusion.

(2)  The customer can send a binding purchase offer (Order) through online shopping cart system.
Proposed for purchase goods are then stored in the „Cart". The customer can any time access and change the „Cart" using appropriate button on the navigation bar. The order data will be displayed on the order summary page after calling up the page „Checkout" and entering personal information, payment and shipping terms.
Before submitting the order, the customer has the opportunity to check all the details again, to change them (also using the function „back" of the Internet browser) or cancel the purchase.
By submitting the order after clicking on the button „order to pay", the customer makes a binding offer to the supplier.
Then the customer will receive an automatic email about the receipt of her/his order, which does not yet lead to the conclusion of the contract.

(3)  The acceptance of the offer (and the contract conclusion) is achieved either by notification in writing form(e. g. email), which confirms the order processing or delivery of the product to the customer, or by delivering the goods. Should the customer not receive an order confirmation, or notice of the shipment, or the goods within 5 days, she/he is no longer bound to the order. In this case, all previously provided services will be immediately refunded.

(4) Customer inquiries for individual proposal preparation outside Online - shopping cart system, which is transmitted to the supplier, shall not be binding for the customer. For this purpose the supplier shall submit to the customer an offer in writing (e. g. per e-mail), which should be accepted by the customer within 5 days.

(5) The processing of the order and delivery of all the required for the contract conclusion information should be partially automated by e-mail. The customer has to ensure, therefore, that the e-mail address provided for supplier is correct, the receipt of e-mails is technically possible and is not inhibited by SPAM filters.

§ 4 Prices, Shipping Costs

(1)   The price of the product and shipping costs are included into the final price of the offer. It also covers the prices of all the components and applicable taxes.

If the goods should be delivered to non-EU countries, the customer but not the supplier is obliged to pay additional duties, taxes or fees according to local customs or tax authorities. The customer is advised to check the details about customs or tax deductions before placing the order.

(2)  The shipping costs are not included into the purchase price.  These charges are called through the page „Payment and Shipping“, are shown separately in the course of ordering process and are paid by the customer in addition, unless free shipping is agreed.

(3)  The customer receives an invoice with VAT included.

§ 5 Payment and Shipping Terms

(1)   The conditions for payment and shipping can be found under the same button in the navigation.

(2)  All the payment entitlements deriving from the contract should be due immediately, until otherwise is specified.

(3)   If a customer has placed an order and the product is no longer in stock, the customer will be notified immediately. Should the product no longer be available it is a customers right to withdraw the offer. Payments already made will be refunded immediately.

(4)  For consumers, the law stipulates that the risk of accidental loss and accidental deterioration of the sold goods during the shipment lays with the supplier until handed over to the customer, regardless of the shipment being insured or uninsured.

For entrepreneurs, shipment and delivery are performed at their own risk.

§ 6  Return costs when exercising the right of revocation

Applicable is the cancellation policy in its currently valid version. Please just follow this link.
 
§ 7 Right of Retention, Retention of Title

(1)   Retention can only be exercised by the customer, if the claim concerns the same contract.

(2)   The goods remain the property of supplier until all outstanding payments are settled.

(3)   For entrepreneurs, the following shall be additionally applied:

a)   The delivered goods shall remain the property of supplier until the payments of all the claims in accordance with the current agreement are settled. Any pledge or security inquiry made before transition of ownership of the retained goods is not valid.

b)   The customer may resell the goods in the ordinary course of business. In this case, she/he now assigns all claims to the amount of invoice, accruing to him from the resale, from accepting the assignment to the supplier. The customer is now empowered to collect further payments. Insofar she/he fails to properly meet the payment obligations; the supplier reserves the right to collects the claims on her/his own.

c)   If reserved goods are combined or mixed with other goods that are not the property of the supplier then she/he shall be entitled to co-ownership of the new item according to the proportion of the invoice value of the reserved goods to that of the other processed goods.

d)   The provider is obliged to release the securities he is entitled on request of the customer if the value of existing securities exceeds the debt to be secured by more than 10 %. Only supplier may decide which securities are due to release.

§ 8 Warranty

(1)  It is regulated by the norms of law.

(2)  As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, check for obvious defects and damage during transportation and notify the supplier and the shipper about them as soon as possible. If the customer fails to meet these requirements, this does not affect the statutory warranty claims.

(3) For entrepreneurs, despite Par. 1, should the following be applied:

a)   In respect of the goods, it should refer to the information provided by the supplier and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.

b)   The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity and obvious defects within 7 days from receipt of the goods and inform the supplier about them in writing until the deadline. This also applies to hidden defects discovered later. In case of violations during investigation and notification procedure, the assertion of warranty claims is excluded.

c)   In case of defects the supplier shall provide the customer with either repair or replacement, depending on her/his own choice. If the repair fails twice, the customer can demand either a reduction or withdraw from the contract. In case of repair, the supplier is not obliged to cover high expenses connected with the shipment of goods to the other place, until it does not comply with the intended use of the product.

d)   The warranty period is one year starting from the delivery of the goods. The shortened period of warranty does not apply to damages culpably attributable to the supplier arising from any injury to life, body or health, or damages caused intentionally or with gross negligence, or malice of the supplier, or rights of recourse in accordance with §§ 478, 479 of the German Civil Code (BGB).

§ 9 Liability

(1)   The provider is liable without any limitation for damages arising from any violation of life, limb or health, to the extent that it fraudulently concealed a defect, it has assumed a warranty for the condition of the purchased item, in all cases of intentional acts or gross negligence, upon damages under product liability law or to the extent otherwise legally mandated.

(2)  To the extent that any material obligation arising from the agreement is concerned, the liability of the provider is limited to ordinary negligence and foreseeable damages that are typical for contracts. Material contractual obligations are essential obligations arising from the nature of the contract, and their violation can threaten the fulfillment of the aim of the contract, or performance of the supplier?s obligations specified in the contract and leading to the fulfillment of its aim, and enabling proper execution of the contract, that is expected by the customer.

(3)   Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.

(4)  Under the current circumstances, it cannot be ensured that data communication through the Internet is not error-free or available at any time. In this respect, the provider is not liable for either the consistent or uninterrupted availability of the website and the service offered therein.

§ 10 Applicable Law, Place of Performance, Jurisdiction

(1)   The law of the federal republic of Germany has validity with exclusion of the un sales law and exclusion of the conflict of laws. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (benefit-of-the-doubt principle).

(2)   Place of performance for all services and exclusive place of jurisdiction for all and any disputes arising from the contract relationship shall be the registered office of the supplier, as long as the customer is not a private consumer, but a commercial trader, a body corporate organised under public law, or public governmental assets. The same shall apply in case the customer does not have a general place of jurisdiction in Germany or the EU, or where the customer's domicile or usual abode at the time of commencement of a suit is unknown. The capacity to appeal to another court of jurisdiction remains thereby unaffected.

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