Terms and Conditions
General terms and conditions of business
§ 1 Scope The following general terms and conditions apply to all purchase contracts concluded via our web shop under the domain “baby-nez.com”. The contracting party is: BABYnez
(Customer support only via email)
Web: baby-nez.com
E-Mail: info@baby-nez.com
§ 2 Subject matter of the contract The goods we offer in our web shop represent a non-binding product catalogue.
§ 3 Conclusion of contract The customer can place goods from our product catalog in his shopping cart by clicking the "Add to cart" button, provided the goods are in stock. By clicking the "Order with payment" button, the customer makes a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of the order and acceptance of the order is sent by automated email immediately after the shopping cart is sent. The contract for the purchase of the goods is concluded by this order confirmation. Before clicking the "Order with payment" button, the customer can check the contents of the shopping cart and the personal data provided and make changes at any time by selecting the respective order step and correct input errors.
§ 4 Prices, payment The prices we quote are gross prices including all statutory price components including the applicable sales tax plus shipping costs. The amount of the shipping costs can be found under the menu item "Delivery". The specific shipping costs are shown to the customer before completing the order process. The following payment methods can be selected: Paypal, advance payment (bank transfer).
§ 5 Right of withdrawal Customers who are also consumers have a statutory right of withdrawal in distance selling. Consumers are natural persons who enter into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. Information on the right of withdrawal, in particular on conditions, deadlines and procedures for exercising the right of withdrawal, as well as the sample withdrawal form, can be found under the menu item "Right of withdrawal". The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal was removed after delivery. Opened and used cosmetics cannot be returned for hygienic reasons if the usual method of application is direct on the body, such as lipstick. The customer should therefore consider whether he wants to keep the product before use.
§ 6 Shipping The goods offered by us will be shipped within 3-8 working days after receipt of payment.
§ 7 Liability for defects The customer’s liability for defects is governed by the statutory provisions.
§ 8 Exclusion of liability Customer claims for damages are excluded, unless they are claims for damages resulting from injury to life, body or health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by us or our vicarious agents. Furthermore, liability for the breach of duties, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely, remains unaffected. In the case of a slightly negligent breach of these contractual obligations, we are only liable for the damage that is typical for the contract and foreseeable, unless the customer's claims for damages are based on injury to life, body or health.
§ 9 Retention of title, offsetting If the customer is a consumer, we retain ownership of the purchased item until the purchase price has been paid in full. If the customer is an entrepreneur exercising his commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties. The customer only has the right to offset if the counterclaims have been legally established or are undisputed or recognized by us and are based on the same contractual relationship.
§ 10 Storage of contract text We store the contract text and the customer's data necessary for processing the purchase contract. We do not pass this on to third parties without authorization. The data is deleted after the contract has been processed and after the statutory warranty rights have expired. The customer can ask us at any time and via any possible communication channel whether and which data we have stored.
§ 11 Final provisions All contracts with us are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods. The choice of law only applies to consumers if this does not restrict any consumer protection standards in the home country (favorability principle). For all legal transactions in which a consumer is not involved, our place of business is agreed as the place of jurisdiction.