These terms and conditions apply to all contracts concluded between us, baaboo Europe OÜ, Järvevana tee 9, 11314 Tallinn, Estonia (“Provider” or “we”) and our customers (hereinafter “Customer” or “you”) exclusively using distance communication means (e.g. via the Internet or by telephone) in our online shop (accessible e.g. via www.baaboo.com ).
§ 1 Scope, definitions
(1) The following General Terms and Conditions, in the version valid at the time of the order, shall apply exclusively to the business relationship between the Provider and the Customer. Any deviating terms and conditions and contractual offers from the Customer are hereby rejected.
(2) The customer is a consumer if the purpose of the legal transaction cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from our range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Buy" button, the customer submits a binding request to purchase the goods in the shopping cart.
(2) Before submitting the order, the customer can change and review the data entered at any time, and correct any input errors. However, the customer's order can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and has thereby included them in their order.
(3) The provider will then send the customer an automatic confirmation of receipt via email, which will list the customer's order again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application.
The contract is only concluded upon our declaration of acceptance, which is sent via a separate email. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. We may also replace the declaration of acceptance by executing the order within 5 days of receipt of the order. If several of the aforementioned acceptance options apply, the contract is concluded upon the first occurrence of the event. In any case, the customer will receive a written confirmation of the contract in accordance with statutory provisions.
If the customer has not received a declaration of acceptance, an invoice, or notification of delivery, or has not received the goods within 5 days, the customer is no longer bound to their order. In this case, we will immediately refund any services already provided.
(4) The subject of the delivery or service is the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, specifications and prices refer to the respective items offered, but not to any accessories or decorations depicted.
The presentation of our products and the information provided in relation to them serve solely as a description of the services and do not constitute a guarantee of quality.
(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill its contractual obligations to us, we are entitled to withdraw from the contract. However, this right of withdrawal only applies if we have concluded a congruent hedging transaction (binding, timely, and sufficient order for the goods) with the supplier in question and are not otherwise responsible for the non-delivery. In such a case, we will inform the customer immediately that the ordered goods are not available. We will immediately refund any consideration already provided by the customer.
(6) The contract language is German.
(7) Order processing and contact within the scope of contract execution are generally carried out via email. The customer must therefore ensure that the email address provided for order processing is correct and that no settings or filtering devices of the customer prevent the receipt of contract-related emails.
(8) If a delivery time is specified in our offers, this delivery time and the information provided for calculating the delivery time take precedence. If no or no different delivery time is specified for the respective goods in our online shop, the delivery period shall be 7 days. This delivery period begins, in the case of payment in advance, on the day after the payment order is issued to the transferring bank or, in the case of other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
§ 3 Retention of title
The delivered goods remain our property until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, this also remains our property from the ongoing business relationship until all claims to which we are entitled have been settled.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and exclude shipping costs.
(2) The corresponding shipping costs will be communicated to the customer before the conclusion of the contract and are to be borne by the customer unless free shipping has been agreed.
§ 5 Payment
(1) The customer can make payment using the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed method of payment provides otherwise.
(3) The customer must ensure that there are sufficient funds in his account. In the event of a chargeback caused by insufficient funds, the customer is obliged to reimburse us for any resulting damage. If we are to provide advance payment for our services, for example, by providing the option of purchase on account, the provision of this payment option is subject to a positive credit check. For the credit check, the customer's personal data will be transmitted to a business information service in accordance with our Privacy Policy .
(4) The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default.
(5) The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the purchased item shall, by law, only pass to the customer upon delivery of the purchased item to the customer.
(2) Only if the customer acts as an entrepreneur, the following applies: Delivery shall be ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover at the latest. However, in the case of a sale by dispatch, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, shall pass upon delivery of the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.
(3) If the customer defaults on acceptance, fails to cooperate, or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for any resulting damages, including additional expenses (e.g. storage and transport costs).
§ 7 Warranty for material defects, guarantee
(1) Claims for defects regarding used goods delivered by us expire one year after delivery to the customer. For businesses, the limitation period for claims for defects for goods delivered by us is one year, and the limitation period does not restart if a replacement delivery is made within the scope of liability for defects. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) Our liability pursuant to Section 8 of these General Terms and Conditions, in particular for claims for damages by the customer resulting from injury to life, body, health or from the breach of essential contractual obligations (see Section 8 below), for damages under the Product Liability Act and for any guarantees assumed, remains unaffected by the restrictions of the above paragraph 1. Likewise, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) for entrepreneurs and our liability for fraudulent concealment of a defect remain unaffected.
(3) Claims for defects by merchants presuppose that they have complied with their statutory obligations to inspect and give notice of defects (Sections 377 and 381 of the German Commercial Code).
(4) A guarantee of quality or durability (Section 443 of the German Civil Code) on our part only exists for the goods we supply if this has been expressly offered and agreed upon by us. Any manufacturer's warranties remain unaffected.
(5) You can submit any complaints and warranty claims to the address stated in the provider identification.
§ 8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, as well as those on whose compliance the customer, as a contractual partner, may regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body, or health.
(2) The restrictions of the above paragraph 1 shall also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them and also mutatis mutandis to claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.
§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. You will receive a separate cancellation policy in text form in accordance with the statutory provisions.
§ 10 Contract text
The contract text is not saved by us and can no longer be accessed after the order process has been completed. The customer can print out these terms and conditions and the order details before submitting their order and will receive a contract confirmation in accordance with legal regulations.
§ 11 Out-of-court dispute resolution/consumer dispute resolution
(1) The European Union has established an online platform ("ODR Platform") for the out-of-court settlement of consumer disputes. The ODR Platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at https://ec.europa.eu/consumers/odr .
(2) We are generally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) This contract shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall apply to consumers only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
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As of: March 29, 2021