Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following Terms and Conditions.
- Scope of Application
- Conclusion of the Contract
- Right to cancel
- Price and Delivery Costs
- Shipment and delivery conditions
1) Scope of Application
These Terms and Conditions of BaBy SaBye (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.4 The contractual language is English.
2.5 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation are provided in the Seller’s instruction on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 For international deliveries additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example: customs duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation.
5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
6.1 The Seller shall face unlimited liability
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
6.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 6.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
6.3 For the rest the Seller’s liability is excluded.
6.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.