Terms of service

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Contract duration and termination for subscription contracts for goods
7. Retention of title
8. Liability for defects (warranty)
9. Liability
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Baby Kitchen Emma UG (haftungsbeschränkt) (hereinafter "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.4 The subject matter of the contract may – depending on the Seller's product description – be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term in the contractually owed time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting the Customer to pay after they have placed their order.

If several of the aforementioned alternatives apply, the contract comes into being at the point in time at which one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins to run on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal and selectable in the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after they have sent their order. The Seller does not make the contract text accessible beyond this. If the Customer set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address they provided for order processing is correct, so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.

4.2 The payment option(s) is/are communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use further payment services for which, where applicable, special payment terms apply, to which the Customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 If the Seller offers the shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in this respect in the Seller's cancellation policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller did not previously name this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with the requisite care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

6) Contract duration and termination for subscription contracts for goods

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.

6.3 Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination facility (termination button) provided by the Seller on its website.

7) Retention of title

If the Seller makes advance performance, it reserves title to the delivered goods until full payment of the purchase price owed.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the supply of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• for used goods, the defect rights are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The liability limitations and shortening of periods regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

8.3 In addition, for entrepreneurs the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The Seller is liable to the Customer from all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation on any legal ground

• in the case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding point. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

9.3 Otherwise, liability on the part of the Seller is excluded.

9.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships of the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Place of jurisdiction

If the Customer acts as a merchant, a legal person under public law or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's seat.

12) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.