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General Terms and Conditions Online-Shop of Britax Römer Kindersicherheit GmbH
1. scope of application, contract language
1.1 The following General Terms and Conditions Online-Shop (“GTC”) apply to all contracts concluded between you and us, Britax Römer Kindersicherheit GmbH, Theodor-Heuss-Straße 9, 89340 Leipheim, Bundesrepublik Deutschland ("us" or "we"), via this online shop.
1.2 The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
1.3 The GTC are available via our website storable and printable.
1.4 We reserve the right to adapt and modify these GTC from time to time. However, the GTC applicable to your purchase are the one in force at the time you place your order.
2. Applicable law, mandatory consumer protection regulations
2.1 The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if:
a) your habitual residence is in Germany, or
b) your habitual residence is situated in a state not being member of the European Union.
2.2 In the event that your habitual residence is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
3. Conclusion of contract
3.1 Products are subject to availability at the time of your order. The presentation of the products and services in our online shop does not constitute a legally binding offer from our part, but merely an invitation to place orders (invitatio ad offerendum).
3.2 By clicking “Order with obligation to pay” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation at the e-mail address you provided when you placed your order, which, however, does not yet constitute the acceptance of your contract offer. A contract between you and us is concluded as soon as we expressly accept your order and/or commission by a separate e-mail within five days or dispatch the ordered goods. Please check the SPAM folder of your e-mail box regularly.
3.3 In our online shop, you can select products and/or services by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required information in the subsequent step, which accuracy is your sole responsibility, you can click “Next” to access a page that summarises the order details, including the price and the shipping costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the “Order with obligation to pay” to button, you place a binding order in the meaning of subsection 3.2.
4. correction notice
To place an order, start by placing the desired goods and/or services in the shopping cart. At this stage you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the button “Next”, you will get first to a website where you are required to enter your personal information, which are necessary for the processing of your order and then choose the shipping and payment method. You can review your input on the overview page that will open up. To correct possible input errors (e.g. with respect to the payment method, data or quantity), click “Edit” next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of section 3 subsection 3.2 of these GTC.
5. storage of the contract text
You will receive the contractual provisions together with information on the goods ordered including these GTC and the information on the right of withdrawal by mail in storable and printable format upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
6. collection, storage and processing of your personal data
6.1 For each order we need the following data from you:
(i) your first and family name;
(ii) your e-mail address;
(iii) your postal address;
6.2 In our online shop, you may order goods or services as a guest and fill your data every time you place an order or create a customer account. With a customer account you may log on to your customer account with your e-mail address and your password before or during the order process. This way, you do not have to enter your personal data every time you process an order.
6.3 To open a customer account you have to provide us with the data mentioned in subsection 6.1 as well as a password chosen by you.
6.4 Without your further consent, we will use the data mentioned in subsection 6.1 only in order to process your orders, in particular for delivery to your address. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, will take place only with your explicit consent or if permitted by law without consent. You have the possibility to give your consent before placing your order. This declaration of consent is given voluntarily and can be accessed and revoked any time by you on our website.
6.5 Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we store your data only as long as we are obliged to do so by tax and commercial law.
6.6 As far as your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging in under "My account".
7. prices, terms of payment and shipping costs
7.1 The prices indicated by us in the online shop include the statutory value-added tax as well as other price components.
7.2 The shipment costs are communicated to you clearly in the product description and in the order overview and are billed separately.
7.3 In a delivery to a no-EU country you will have to bear all additional import and export costs, as well as all duties, taxes and fees.
7.4 The purchase price is due immediately after conclusion of the contract. The payment of the goods can be made via credit card, via bank transfer or via our payment provider, Adyen B.V.
8. retention of title
The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
9. delivery conditions
9.1 We deliver the goods pursuant to the agreements made.
9.2 The delivery time may be up to 3 days. Differing delivery times are displayed in the product details.
9.3 Should not all products ordered be in stock, we will reserve the right of several partial deliveries on our expenses, as far as this will be reasonable for you.
9.4 Should the delivery of the product fail due to your fault, despite threefold delivering attempt, we are authorized to withdraw from the contract. Any payments made will be refunded to you immediately.
9.5 In case the product ordered is not available, because we have not been supplied with the product by our distributor without our personal negligence, we may withdraw from the contract. In this event, we will inform you without delay and, where appropriate, propose the delivery of a comparable product to you. If there is no comparable product available, or you do not want, that we supply a comparable product, we will, if necessary, refund payments already made.
10. right of withdrawal
"The term "right of withdrawal" used in Austria corresponds to the term "right of cancellation" used in Germany and used in the Consumer Rights Directive. We use the term "right of withdrawal", which is synonymous with the term "right of rescission" used in Austria. As a consumer, you are entitled to a right of withdrawal in accordance with the instructions set out in the Annex. According to Section 1 para 1 KSchG, a consumer is any natural person who concludes a legal transaction that is not part of the operation of his or her business.
11.1 Insofar as the goods purchased and delivered in our online store are defective, you are entitled within the framework of the statutory provisions to demand improvement or replacement, to withdraw from the contract or to reduce the purchase price.
11.2 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become time-barred within the regular limitation period.
11.3 Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold. If applicable, you will find such guarantees separately on the respective product pages.
12. Liability and limitation of liability
12.1 We are without limitation liable for intent and gross negligence.
12.2 We are liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly (material duty). In this case, we are only liable for the foreseeable, typical contractual damage. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
12.3 The abovementioned exclusions of liability do not apply in case of damage of life, body and health or in the case of malicious non-disclosure of a fault. The liability pursuant to the product liability law remains unaffected.
12.4 Based on the current state of art, data communication via internet cannot be guaranteed to be error free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
12.5 We shall only be liable for our own content in the online shop. To the extent that we provide links for the access to other websites, we are not responsible for the information at these external websites and do not adopt them as our own. Should we become aware of unlawful content on external websites, we will remove the link from our website immediately.
13. Final Provisions
13.1 These GTC are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the contract.
13.2 If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Leipheim. We are also entitled to sue the customer in his general place of jurisdiction.
13.3 We would like to point out that in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
13.4 Our e-mail address is: firstname.lastname@example.org. We point out according to Sec. 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
13.5 Should individual provisions of this contract be invalid this shall not affect the validity of this contract as a whole.
Consumer information and instruction on withdrawal.
If you order goods in our online shop, we would like to draw your attention to the following:
(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
(2) You will find the essential characteristics of the goods and services offered by us as well as the validity of limited offers in the individual product specifications within the scope of our internet offering.
(3) The presentation of our goods does not represent a binding offer on our side. Only your order of the goods is regarded as a binding offer pursuant to Sec. 145 BGB. In case of the acceptance of such an order, we will send you an order confirmation via mail or we dispatch the good. This way, a purchasing contract between you and us is concluded.
(4) Any input errors when ordering can be seen in the confirmation before the check-out and with the delete- and change function you can correct your order at any time before sending it.
(5) If the goods ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.
(6) The prices indicated by us are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview.
(7) The purchase price is due immediately after conclusion of the agreement. The payment of the goods can be made via credit card, via bank transfer or via our payment provider Adyen BV.V.
(8) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr. Our e-mail address is: email@example.com. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(9) Any information and data needed for servicing the contract concluded with you, will be stored by us with permanent access for you. We refer to our GTC and the stipulations regarding data protection therein.
(10) In addition we refer to our GTC.
Britax Römer Kindersicherheit GmbH
Theodor-Heuss-Straße 9, 89340 Leipheim, Federal Republic of Germany
HRB 17004 Amtsgericht Memmingen
USt-IDNr.: DE 811201308
represented by the managing directors Erwin Wieffering and Sebastien Schaeffer.
(11) You have a right of withdrawal according to the following information:
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us Britax Römer Kindersicherheit GmbH, Theodor-Heuss-Straße 9, 89340 Leipheim, Federal Republic of Germany of your decision to withdraw from this contract by an unequivocal statement (a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.britax-roemer.de. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.