General Terms and Conditions of Sale of MGA Zapf Creation GmbHAG

1. Scope

1.1 These General Terms and Conditions apply to contracts that you (hereinafter: "Buyer") conclude with us,

 

MGA Zapf Creation GmbH, Mönchrödener Str. 13, 96472 Rödental (GERMANY)

Phone: +49 9563 725-0

E-mail: info@zapf-creation.com

Commercial Register: District Court of Frankfurt am Main, HRB 135124

VAT ID No.: DE 365756356

 

, as a provider (hereinafter: "Seller", "we", "us") via the webshop baby-born.com.

 

1.2. Our General Terms and Conditions apply exclusively. Any deviating, conflicting, or supplementary General Terms and Conditions of the buyer shall only become part of the contract if and to the extent that we have expressly consented to their validity. This requirement of consent applies in all cases, for example, even if we carry out the delivery to the buyer without reservation despite being aware of the buyer's General Terms and Conditions.

2. Conclusion of contract

2.1. The subject of the contract is the sale of goods from the seller.

2.2. The product descriptions presented by the seller on the article page at baby-born.com do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the buyer.

2.3. The buyer can make a binding offer via the integrated shopping cart system (clause 2.3.1) or – if available in the respective product description.

2.3.1. When placing an order via the shopping cart system, the buyer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the "ORDER WITH PAYMENT" button in the final step of the ordering process. The buyer goes through the following technical steps: The buyer places the goods in the virtual shopping cart by clicking the "Add to Cart" button and then clicks the "Checkout" button. In the next step, the buyer enters their data in the form and selects the desired payment method. To complete the order, the buyer clicks the "ORDER WITH PAYMENT" button.

2.4. Immediately after submitting his order, the buyer will receive a confirmation email stating that the seller has received the offer. The order confirmation does not yet constitute the conclusion of the contract. Acceptance shall be deemed

• the transmission of a written order confirmation or an order confirmation in text form (e.g. e-mail), whereby the receipt of the order confirmation by the buyer is decisive,

• the transmission of a dispatch confirmation, whereby the receipt of the dispatch confirmation by the buyer is decisive, or

• the delivery of the ordered goods, whereby the receipt of the goods by the buyer is decisive.

If several of the aforementioned alternatives exist, the contract shall be concluded upon the occurrence of the earliest of the aforementioned alternatives.

2.5. The contract text will be saved by the seller, and after conclusion of the contract, the buyer can access and save the contract text, along with these General Terms and Conditions and the customer information, on the seller's profile. The contract text will be sent to the buyer with the order confirmation or, at the latest, the shipping confirmation email (contract confirmation).

2.6. When placing an order via baby-born.com, the buyer can view and correct any input errors at any time before submitting the order by clicking the "ORDER WITH PAYMENT" button. Correcting input errors is no longer possible once the "ORDER WITH PAYMENT" button has been clicked.

2.7. The contract shall be concluded in German.

2.8. Order processing and contact will take place via email and automated order processing. The buyer must ensure that the email address provided for order processing is correct, so that they can receive emails sent by the seller at this address. In particular, when using spam filters, the buyer must ensure that all emails sent by the seller can be delivered.

3. Right of withdrawal

Consumers have a statutory right of withdrawal when concluding a distance selling contract, which we inform you about below in accordance with the statutory model (see section 3.1). A sample withdrawal form can be found in section 3.2. A consumer 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 (see Section 13 of the German Civil Code).

 

3.1. Cancellation policy

 

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment, or piece in the case of a contract for multiple goods of a single order or the delivery of one good in multiple partial shipments or pieces).

To exercise your right of withdrawal, you must contact us,

 

MGA Zapf Creation GmbH, Mönchrödener Str. 13, 96472 Rödental

Email: consumerservice@zapf-creation.de

Phone: +49 9563-725-588

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

END OF THE CANCELLATION POLICY

 

3.2. Sample cancellation form

 

(If you wish to cancel the contract, please fill out this form

and return it.)

 

To:

MGA Zapf Creation GmbHG, Mönchrödener Str. 13, 96472 Rödental

Email: consumerservice@zapf-creation.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notification is made on paper)

Date

(*) Delete as appropriate.

4. Prices and payment terms

4.1. The prices quoted by the Seller are total prices and include statutory VAT.

4.2. Any additional delivery and shipping costs are not included in the purchase price. They can be accessed via a designated button or on the respective product page, are shown separately during the ordering process, and are to be borne by the buyer in addition, unless free shipping has been promised.

4.3. Payment is processed through the payment service provider mollie. The buyer has the option of choosing from various payment methods. Depending on the payment method, payment is due at the time of the order or upon expiration of the applicable deadlines.

4.4. The buyer is only entitled to offset if the counterclaim has been legally established or is undisputed. However, the buyer is also entitled to offset the seller's claims if he asserts complaints about defects or counterclaims arising from the same purchase contract. The buyer is only entitled to exercise a right of retention if the counterclaim is based on the same contractual relationship.

4.5. Attention! Please do not make any payments to our account. Payment will be made to mollie. If you paid via Klarna, you will receive a separate payment instruction from Klarna. For more information about Klarna, visit www.klarna.de.

5. Delivery and shipping conditions

5.1. Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the buyer to baby-born.com is decisive for the processing of the order.

5.2. If you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipment shall only pass to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured.

5.3. If no or no different delivery time is specified for the respective goods, this will be 2-3 working days. Specified delivery times are calculated from the date of contract conclusion, provided the purchase price has been paid in advance (except for purchases on account).

5.4. If no copies of the goods selected by the buyer are available at the time of the order, we will notify the buyer immediately. If the goods are permanently unavailable, we will refrain from accepting the contract, and no contract will be concluded in this case; any payments already made will be refunded immediately.

5.5. If the selected goods are only temporarily unavailable, the Seller shall also inform the Buyer of this immediately in the order confirmation.

5.6. The following delivery restrictions apply: The seller only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany and Austria

6. Retention of title

The delivered goods remain the property of the seller until full payment has been made.

7. Warranty

7.1. The statutory warranty rights apply.

7.2. As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

7.3. Any additional manufacturer or product warranties granted shall be in addition to the statutory warranty rights for defects, the exercise of which is free of charge. Details of the scope of such additional warranties are set out in the respective warranty conditions enclosed with the products or included in the item description, which will be made available to the buyer by email or in printed form at the latest upon delivery.

8. Liability

8.1. In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, the Seller shall be liable in accordance with the statutory provisions; the same applies to culpable breach of material contractual obligations. Unless there is an intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.

8.2 Liability for culpable injury to life, body or health as well as liability under the Product Liability Act remain unaffected.

8.3 Unless expressly provided above, the Seller’s liability is excluded.

9. Data protection

When processing your personal data, the provisions of the GDPR, the BDSG (German Federal Data Protection Act), and other relevant legal provisions are always observed. Your personal data is processed exclusively on the legal basis of Art. 6 (1) GDPR. Further information on data protection and your rights can be found on our website at https://www.zapf-creation.com/transparenz-und-informationspflichten.

10. Final provisions

10.1. Applicable law

These General Terms and Conditions of Business and all legal relationships between us and the buyer are governed by the laws of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. If the buyer placed the order as a consumer and has his or her habitual residence in a country other than Germany at the time of placing the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law set out in sentence 1.

10.2. Place of jurisdiction

If the buyer is not acting as a consumer, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business.

10.3. Dispute resolution

With Regulation (EU) No 524/2013, the European Commission has created a platform for the out-of-court settlement of disputes arising under https://ec.europa.eu/consumers/odr/ can be accessed.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (information pursuant to Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (Consumer Dispute Resolution Act – VSBG).

10.4 Miscellaneous

Should any provision be or become legally invalid, the validity of the other provisions of these General Terms and Conditions of Sale shall remain unaffected.