Terms and Conditions
Table of Contents
- Scope
- 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
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 between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, 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 self-employed.
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 for the submission of a binding offer by the Customer.
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 the Customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of 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 shall be 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 "Amazon Payments" payment method 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 an order is placed 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 submitted 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 submitting 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, which magnifies the display on the screen. The Customer can correct their entries during 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 withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs 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 payment in advance 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 carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments 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 transmitted customer data. 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, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credits.
4.5 If the "Sofortüberweisung" payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for "Sofortüberweisung", legitimize themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately 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 If 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 separately informed. Further information on "Mollie" is available online 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. The specific Ratepay payment methods offered by the Seller will be communicated to the Customer on the Seller's website. The Customer can only make payment to Ratepay with debt-discharging effect. However, the Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credits). Otherwise, the General Payment Terms of Ratepay 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 via 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 purchase on account payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the Customer is allowed the purchase on account payment method after a credit check, the payment will be processed in cooperation with Klarna AB, to whom the Seller assigns its payment claim. In this case, the Customer can only make payment to Klarna AB with debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the Customer can access during the ordering process. The Seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding 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 via 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 refuse 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 provided 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 the PayPal payment method is selected, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 For goods delivered by freight forwarding, delivery is "free kerbside", i.e. to the nearest public kerbside 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 with regard to the costs for the shipment if the customer effectively exercises their right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the customer, the regulation made in the seller's withdrawal instructions shall 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 forwarding agent, 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 to the customer when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer for consumers as soon as the seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, 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-supply. This applies only in the event that the non-delivery is not the Seller's fault and the Seller has concluded a concrete covering transaction with the supplier with due care. The Seller will make all reasonable efforts 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 without delay.
5.6 Self-collection is not possible for logistical reasons.
5.7 Vouchers will be provided to the customer as follows:
- by e-mail
6) Retention of Title
If the Seller makes an advance payment, it retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided for in the following regulations, the provisions of statutory liability for defects shall 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 delivery of the goods;
- defect claims for used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the framework of liability for defects.
7.2 The limitations of liability and reductions in time limits regulated above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- 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 acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 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 acts as a consumer, they are requested to complain about obvious transport damage to delivered goods to the delivery agent and to inform the Seller of this. Failure by the Customer to comply with this shall not affect their statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb, or health,
- based on a guarantee, unless otherwise specified,
- 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 there is unlimited liability as per the preceding clause. Material contractual obligations are those which the contract imposes on the Seller to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the Customer can regularly rely.
8.3 Otherwise, the Seller's liability is excluded.
8.4 The foregoing liability provisions also apply to the liability of the Seller 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, in addition to the delivery of goods, also the processing of goods according to specific customer requirements, the Customer must provide the Seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formats, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use for this. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they ensure that no third-party rights are violated, especially copyrights, trademark rights, and personal rights.
9.2 The Customer shall indemnify the Seller from third-party claims that may be asserted against the Seller in connection with an infringement of their rights by the Seller's contractual use of the Customer's content. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of claims and defense in the event of a claim by third parties.
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 good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
10) Redemption of promotional vouchers
10.1 Vouchers issued by the Seller free of charge as part of promotions with a specific validity period 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 a percentage discount, the value of the goods must be at least equal 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 balance 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 their 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 grossly negligent ignorance of the lack of entitlement, incapacity for business, or lack of power of representation of the respective holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased through 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 credit balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining credit balances will be credited to the customer until the expiration 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 balance 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 grossly negligent ignorance of the lack of entitlement, incapacity for business, or lack of power of representation of the respective holder.
12) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
