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General Terms and Conditions Online-Shop of Britax Römer Kindersicherheit GmbH
1. Applicability, Contract Language
1.1 The following General Terms and Conditions Online-Shop (“GTC”) apply to all contracts concluded between you and us, the company Britax Römer Kindersicherheit GmbH, Theodor-Heuss-Straße 9, 89340 Leipheim, Federal Republic of Germany 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 www.britax-roemer.at/agb storable and printable.
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 The presentation of the products and services in our online shop does not constitute a legally binding offer, 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, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate mail within five days or dispatch the goods. Please regularly check the spam folder of your mailbox.
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 order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the 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. Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There 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 buttons „Next“ you will get first to a website where you may enter your data and then you may 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 in 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. Collecting, saving and processing of your personal data
6.1 In order to process your order we need the following data:
(i) your first and family name
(ii) your mail address
(iii) your postal address
6.2 In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you may log on to your customer account with your mail address and your password before or during the order process. Then you must not 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 save your data according to our obligations under commercial and tax law.
6.6 If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.
7. Prices, Payment Conditions and Shipment 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 non 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 reserve the right of partial delivery 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. Payments already made will be refunded customer after deduction of incurred costs for the unsuccessful attempts to deliver.
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
As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession in the meaning of § 1 para. 1 of the Consumer Protection Act (KSchG).
11.1 If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification (at our discretion, either a removal of the defect or the delivery of faultless material), to withdraw from the contract or to reduce the purchase price.
11.2 The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal 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. Such guarantees can be found separately on the respective in the product description.
12. Liability and Limitation of Liability
12.1 We are without limitation liable for intent and gross negligence. We are not liable for the negligent breach of obligations.
12.2 The abovementioned exclusions of liability do not apply in case of personal injuries. The liability pursuant to the product liability law remains unaffected.
12.3 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.
12.4 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 are a consumer in the sense of the Consumer Protection Act (KSchG) and your place of residence or habitual place of abode in Austria or you are employed domestically the jurisdiction for all disputes shall be the court, responsible for the district in which the residence, the customary abode or the place of the customer's employment is located. If, on conclusion of this contract, you had your place of residence or habitual place of abode in Austria and you relocated it to a location outside Austria at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Leipheim. However, we shall be entitled to sue the customer at his local court as well.
13.3 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.
13.4 Our e-mail address is: firstname.lastname@example.org. We inform you according to § 19 AStG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the AStG.
13.5 Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole. The invalid provision shall be separated from all other provisions.
13.6 Referrals to any laws are valid only for the respective Austrian law in its effective form to the date hereof unless otherwise stated.
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 to conclude an agreement. 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 § 19 AStG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the AStG.
(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 Rainer Stäbler and Markus Nagel.
(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.at. 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.