Terms and Conditions
Please note: This is a non-binding English translation for your convenience. The legally binding version is the German original.
§ 1 Scope and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Shipping costs
§ 5 Delivery terms and reservation of self-supply
§ 6 Payment terms
§ 7 Retention of title
§ 8 Cancellation policy
§ 9 Right of return in addition to the statutory right of withdrawal
§ 10 Warranty
§ 11 Liability
§ 12 Final provisions
§ 1 Scope and provider
1.1 These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB – German Civil Code) through the online shop of Windeltortezurgeburt.de, Kurfürstendamm 96, 10709 Berlin.
§ 2 Conclusion of contract
2.1 The product presentations in the online shop serve to enable you to submit a purchase offer. By clicking the [Buy Now] button you submit a binding purchase offer. Our products are sold for private use only and in quantities customary for a household.
2.2 We may accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five days. The confirmation that the order has been received is sent by an automated e-mail immediately after the order has been submitted and does not yet constitute acceptance of the contract.
2.3 Should our order confirmation contain typing or printing errors, or should our price determination be based on transmission errors caused by technical issues, we are entitled to challenge the contract. Any payments already made will be refunded to you without delay.
§ 3 Prices
The prices stated on the product pages include statutory value added tax and other price components.
§ 4 Shipping costs
4.1 For delivery within Germany we charge a flat rate of EUR 7.99 per order. Please refer to the „Delivery conditions“ section in our shop for the respective costs of delivery abroad.
4.2 For payment by cash on delivery, an additional fee of EUR 2.00 applies within Germany, which is collected on site by the delivery agent. No further taxes or costs apply.
4.3 For deliveries to non-EU countries, additional customs duties, taxes and fees apply. You can find information about customs duties for deliveries to non-EU countries, for example, at the following link:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm
You can find information about import sales tax for deliveries to non-EU countries, for example, at the following link:
http://auskunft.ezt-online.de/ezto/Welcome.do
Information specifically for Switzerland can be found, for example, at:
http://xtares.admin.ch/tares/
§ 5 Delivery terms and reservation of self-supply
5.1 Delivery is made within Germany only via DHL. For international shipments, the parcel is handed over to the responsible shipping company of the respective country.
5.2 Unless otherwise stated in the offer, the delivery time is 1–3 working days.
5.3 Should not all of the ordered products be in stock, we are entitled to make partial deliveries at our own expense.
5.4 Should the delivery of the goods fail despite three attempts at delivery, we may withdraw from the contract. Any payments made will be refunded to you without delay.
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 may withdraw from the contract. In this case, we will inform you without delay and, where applicable, propose the delivery of a comparable product. If no comparable product is available or you do not wish to have a comparable product delivered, we will refund any payment you have already made without delay.
§ 6 Payment terms
6.1 Payment can be made, at your choice, by advance payment, cash on delivery, invoice, direct debit, credit card, Sofortüberweisung (instant bank transfer) or PayPal.
6.2 If you select advance payment as the payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 14 days. For payment by credit card, your account will be charged upon completion of the order. For all other payment methods, please refer to our information page (Payment information).
6.3 Please note that, in the case of advance payment (reservation), the ordered goods will only be dispatched once the full amount has been credited to our account. If, despite being due and after a renewed request, your payment has not reached us within 14 calendar days after the order confirmation was sent, we will withdraw from the contract, with the consequence that your order becomes void and we are under no obligation to deliver. The order is then settled for both you and us without any further consequences. A reservation of the item in the case of advance payments therefore lasts no longer than 14 calendar days.
6.4 As part of checking your creditworthiness, we obtain information on your previous payment behaviour and credit information on the basis of mathematical-statistical procedures using address data via BFS finance GmbH, Gütersloher Str. 123, 33415 Verl, from infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden.
§ 7 Retention of title
The goods remain our property until payment has been made in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or alteration is not permitted without our consent.
§ 8 Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Windeltortezurgeburt.de, Kurfürstendamm 96, 10709 Berlin, phone: 0176-59705882, fax: 030 / 91 55 75 41, info@windeltortezurgeburt.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). For this you may use the model withdrawal form set out under point 8.2, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we must repay to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may withhold the repayment until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to Windeltortezurgeburt.de, Kurfürstendamm 96, 10709 Berlin without delay and in any case at the latest within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods only if the original total order value of the delivery affected by a withdrawal is under 40 euros (excluding flat-rate shipping costs). In all other cases, Windeltortezurgeburt.de covers the return costs for you (please use our returns centre in the login area without obligation under „My Windeltortezurgeburt.de -> My returns centre“). In addition, you only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their condition, properties and functioning.
End of the cancellation policy
8.1 Without thereby limiting your right of withdrawal, we kindly ask you
- to avoid damage and soiling, not to wash the items and not to remove any labels, and to return the goods to us, if possible, in their original packaging with all accessories and all packaging components. Please use protective outer packaging where appropriate (in particular, shoes should be shipped in an outer package in addition to the actual shoe box). If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.
- to return the goods to us as a prepaid parcel or as a parcel bearing our returns label/parcel stamp, and to keep the proof of posting.
8.2
If you wish to withdraw from the contract, please fill in this model withdrawal form and send it back. This is a non-binding template; the form of your withdrawal is up to you.
To Windeltortezurgeburt.de, Kurfürstendamm 96, 10709 Berlin, phone: 0176-59705882, fax: 030 / 91 55 75 41, info@windeltortezurgeburt.de:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (please insert article number(s) here):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
______________________________________________________
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Windeltortezurgeburt.de, Kurfürstendamm 96, 10709 Berlin, phone: 0176-59705882, fax: 030 / 91 55 75 41, info@windeltortezurgeburt.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). For this you may use the model withdrawal form set out under point 8.2, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
§ 9 Transport damage
If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failing to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurer.
§ 10 Warranty
The warranty is provided in accordance with the statutory provisions.
§ 11 Liability
11.1 We exclude our liability for slightly negligent breaches of duty, provided that these do not concern material contractual obligations, damage arising from injury to life, body or health, or guarantees, and provided that no claims under the Product Liability Act are affected. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may rely.
11.2 The same applies to breaches of duty by our vicarious agents and legal representatives.
§ 12 Final provisions
12.1 These general terms of use govern the contractual relationship comprehensively and conclusively. Amendments and additions require the written form to be effective. This also applies to the cancellation of this written-form clause.
12.2 Should a provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain effective. In place of the invalid provision, the applicable statutory provisions shall apply.
12.3 The law of the Federal Republic of Germany applies, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.4 You have the option of concluding the purchase contract in German or English.
12.5 In addition to German, the contract may also be concluded in other languages offered by us. In the event of any discrepancies with the German version, the German version shall prevail, unless otherwise regulated by the legislation of the respective country.
12.6 If you are an entrepreneur, or if you do not have a general place of jurisdiction in Germany or another EU member state, or if you have relocated your domicile abroad after these general terms of use came into effect, or if your domicile or habitual residence is not known at the time legal action is brought, the exclusive place of jurisdiction is the registered office of Windeltortezurgeburt.de - shop.