Terms and Conditions
Scope
These terms and conditions apply to all purchases made by Fitore Binaku B.I. Babyaccessories-store [Link auf „Impressum”] by private customers.
Private customers in this sense are persons domiciled and delivered in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity. Business customers are asked to place orders on the order pages accessible via the business customer [Link auf Geschäftskunden-Login] login.
Prices and Shipping Costs
The excellent prices are final prices incl. VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods ordered by you. You can find out more about the details [Link auf „Versandkosten”] at. We shall bear the regular costs of the return shipment, which arise in the event of a return of the goods by you in the exercise of [Link auf „Widerrufsrecht”] your right of withdrawal. If you exercise your right of withdrawal, we will also refund you the shipping costs.
Payment
Payment is made on delivery by means of
– Credit card
– Direct debit
– PayPal
Late Payment
If you are in default of payment, Fitore Binaku B.I. Babyaccessories-store is entitled to demand default interest of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Fitore Binaku B.I. Babyaccessories-store has been proven to have suffered a higher damage caused by delay, Fitore Binaku B.I. Babyaccessories-store is entitled to claim this.
Retention
The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within – Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) permanently makes delivery or any other service permanently impossible, a duty of performance of Fitore Binaku B.I. Babyaccessories-store is excluded. Amounts already paid will be refunded by Fitore Binaku B.I. Babyaccessories-store immediately.
(3) Fitore Binaku B.I. Babyaccessories-store may also refuse the service insofar as this requires an effort which, in compliance with the content of the purchase contract and the bids of good faith, is in a gross disproportion to the customer’s interest in the fulfilment of the purchase contract. Amounts already paid will be refunded by Fitore Binaku B.I. Babyaccessories-store immediately.
(4) Bulk goods (packages with a volume larger than 1 sqm) are usually delivered by forwarding agent. Fitore Binaku B.I. Babyaccessories-store expressly points out that this product is not carried into the house.
Cheap Shipping Method on Return
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged by an opening for the functional test.
(2) Please use the fully stamped and addressed return label attached to the delivery of the goods for the return. This is the easiest and most cost-effective way to ship. It has no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheap shipping method.
Ownership
Until all claims arising from the purchase contract against the customer have been settled in full, the delivered goods remain the property of Fitore Binaku B.I. Babyaccessories-store. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Rights of Defects
(1) Fitore Binaku B.I. Babyaccessories-store, at the customer’s discretion, will have a defective product (warranty case) replaced or professionally repaired by Fitore Binaku B.I. Babyaccessories-store at the expense of Fitore Binaku B.I. Babyaccessories-store (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. Warranty has not been made, in particular in the following cases:
a) in the event of damage caused to the customer by misuse or improper use;
(b) in the event of damage caused by exposure to harmful external influences on the part of the customer (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Fitore Binaku B.I. Babyaccessories-store also makes no representation stake in any fault caused by improper repair by a service partner not authorized by the manufacturer.
(3) Requires the type of supplementary performance (replacement delivery or repair) requested by the customer to be an effort which, in view of the product price, is in a gross disproportion to the customer’s interest in performance, taking into account the other type of subsequent performance without significant disadvantages for the customer, in view of the product price. customer in the different way of subsequent performance. The right of Fitore Binaku B.I. Babyaccessories-store to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the event of repair and in the case of replacement delivery, the customer is obliged to send the product at the expense of Fitore Binaku B.I. Babyaccessories-store, stating the order number, to the return address indicated by it. Before submitting, the customer must remove items inserted by him from the product. Fitore Binaku B.I. Babyaccessories-store is not obliged to inspect the product for the installation of such items. Fitore Binaku B.I. Babyaccessories-store is not liable for the loss of such items, unless it was immediately recognizable when the product was taken back for Fitore Binaku B.I. Babyaccessories-store that such item has been inserted into the product (in this case Fitore Binaku B.I. Babyaccessories-store informs the customer and holds the item ready for the customer to pick up; the customer bears the costs incurred). The customer must also, before sending in a product for repair or replacement, make separate backup copies of the system software on the product, the applications and all data on a separate data carrier and disable all passwords. Liability for data loss is not assumed. It is also the responsibility of the customer, after the repaired product or replacement product has been returned, to install the software and data and to reactivate the passwords.
(5) If the customer submits the goods in order to receive an exchange product, the return of the defective product shall be based on the following proviso: If the customer was able to use the goods between delivery and return in defect-free condition, the customer must refund the value of the uses drawn by him. The customer shall compensate for the loss or further deterioration of the goods in the period between delivery of the goods and the return of the goods for the non-loss of the goods or for the impossibility of returning the goods, which did not occur as a matter of defect due to the defect. The customer has no compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to replace value also applies for the return of a defective product in the event of a warranty,
(a) if the defect which enrightens the withdrawal has only been shown during the processing or redesign;
b) if Fitore Binaku B.I. Babyaccessories-store is responsible for the deterioration or destruction or if the damage would also have occurred with Fitore Binaku B.I. Babyaccessories-store;
(c) if the deterioration or destruction has occurred at the customer, even though the customer has taken the care he has to apply in his own affairs.
(6) The customer’s obligation to pay compensation in the event of a breach of the obligation to return the customer for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a contractual condition of the product within a reasonable period of time. (8) In addition, claims may also exist against the manufacturer under a guarantee granted by the manufacturer, which is governed by the relevant warranty conditions.
(9) The legal warranty of Fitore Binaku B.I. Babyaccessories-store ends two years from delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, Fitore Binaku B.I. Babyaccessories-store shall only be liable in the event of a breach of essential contractual obligations and limited to foreseeable damage. This restriction does not apply to injury to life, body and health. Fitore Binaku B.I. Babyaccessories-store is not liable for any other damage caused by a defect in the purchased item.
(2) Irrespective of the fault of Fitore Binaku B.I. Babyaccessories-store, a liability of Fitore Binaku B.I. Babyaccessories-store shall remain unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer’s warranty is a manufacturer’s warranty and does not represent a guarantee by Fitore Binaku B.I. Babyaccessories-store.
(3) Fitore Binaku B.I. Babyaccessories-store is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even if delivery had occurred on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Fitore Binaku B.I. Babyaccessories-store for damages caused by them by slight negligence is excluded.
Applicable Law
The contract concluded between you and Fitore Binaku B.I. Babyaccessories-store is exclusively subject to the law of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the Sale of Goods. This does not affect the mandatory provisions of the state in which you are habitually resident.
Jurisdiction
If, contrary to your information at the time of ordering, you are not domiciled in the Federal Republic of Germany or move your residence abroad after conclusion of the contract or your domicile is not known at the time the action is brought, the place of jurisdiction for all disputes arising out of and in connection with the contractual relationship [Sitz des Betreibers des Online-Shops].
Dispute Resolution
General information requirements for alternative dispute resolution in accordance with Art. 14 sec. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides an online dispute resolution platform (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor are we prepared to do so.
Final Provisions
(1) Should individual provisions of this contract be or become ineffective or void in whole or in part, this shall not affect the validity of the remaining contract, insofar as a contractual partner is not unduly disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.