Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Victoria Loth, operating under "Die kleine Schnullerbacke" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
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 to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. 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 with regard to the goods contained in the shopping cart by clicking the button that concludes 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer 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 is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user agreement, viewable at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://pay.amazon.de
2.6 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.
2.7 Before submitting a binding 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 recognition of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for 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 Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices given are total prices that include the statutory sales tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes an advance payment to the Customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, declarations of withdrawal and returns, or credits.
4.5 When selecting the "Sofortüberweisung" (instant transfer) payment method, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then immediately carried out by Klarna and the customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found on the Internet at https://www.klarna.com
4.6 When a payment method offered via the payment service "Mollie" is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be communicated to the customer in the seller's online shop. Mollie may use other payment services for payment processing, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Mollie" can be found on the Internet at https://www.mollie.com
4.7 If a payment method offered via the payment service "Ratepay" (e.g., Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay installment payment) is selected, payment processing is carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, (hereinafter "Ratepay"), to whom the Seller assigns its claim against the Customer. Which Ratepay payment methods the Seller offers in detail will be communicated to the Customer on the Seller's website. The Customer can only pay Ratepay with debt-discharging effect. However, the Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipment, returns, complaints, declarations of withdrawal and returns, or credits). In all other respects, Ratepay's General Payment Terms apply, which can be accessed here: https://www.ratepay.com
4.8 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://www.diekleineschnullerbacke.de
4.9 If the payment method "purchase on account" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date without deduction, unless otherwise agreed. The payment method "purchase on account" requires a successful credit check by Klarna AB. If the payment method "purchase on account" is permitted to the customer after a credit check, payment processing is carried out in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer can only make payments to Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB, which the customer can access during the ordering process, apply. The seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, the seller will inform the customer of such a payment restriction in their payment information in the online shop.
4.10 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 For goods delivered by freight forwarder, delivery is "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's cancellation policy apply.
5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods 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 sold goods generally only passes with the handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even for 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 has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.6 Self-collection is not possible for logistical reasons.
5.7 Vouchers are provided to the customer as follows:
- by e-mail
6) Retention of Title
If the Seller makes an advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defect claims is one year from the delivery of the goods;
- for used goods, defect claims are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of deadlines regulated above do not apply
- for the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.4 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer is acting as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- due to a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability exists pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The foregoing provisions on liability shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer requirements
9.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to specific customer requirements, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant him the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, especially copyrights, trademark rights and personal rights.
9.2 The customer indemnifies the seller from claims of third parties that they may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns goods paid for entirely or partially with the promotional voucher within the scope of his statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.6 The credit of a gift voucher will neither be paid out in cash nor accrue interest.
11.7 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.
12) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
