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| Terms & Conditions |
Operator Information
TRENDGIFTS
Gerhard Hess
Postal Address:
Postfach 51 11 11
D-50947 Cologne
Germany
House Address:
Eugen-Langen-Str. 8
D-50968 Cologne
Germany
Telephone: +49 (0) 221 - 800 24 64
Fax: +49 (0) 221 - 800 48 97
E-mail: gifts@MyBabybottle.eu
Executive: Gerhard Hess
Shop Executive: Gerhard Hess
Purpose of the General Terms & Conditions
The purpose of the General Terms & Conditions is the regulation of contract conditions for all contracts of TRENDGIFTS (supplier) with the customers of the online-shop that are concluded through the online-shop. The General Terms & Conditions at the time of the conclusion of the contract are valid.
1. Materialization of the Contract
The offers of the online-shop are unbinding. By clicking the order button, the customer declares to the supplier that he/she would like to purchase the content of the shopping cart and this is binding. The contract materializes through the clicking of the order button and the transfer of the order.
2. Duty to Furnish Information
2.1 The customer is required to provide accurate information. If the customer data changes, especially name, address and e-mail address, the customer is required to notify the suppliers about these changes per e-mail at gifts@MyBabybottle.eu.
2.2 The supplier will send the customer an e-mail with the order information after conclusion of the contract. The e-mail will be sent to the e-mail address specified by the customer during the order.
2.3 The customer is required to inform the supplier at gifts@MyBabybottle.eu if he/she did not receive this e-mail within 4 hours afer conclusion of the contract.
2.4 The customer must make sure that the e-mail specified is reachable at the time of the order and that it is not hindered in any way such as forwarding, suspension or congestion of the e-mail account.
2.5 The faultiness of the information will be assumed if the e-mail comes back two times after each other or the service cannot be completed due to a faulty address.
3. Price
All prices are the end-prices in Euro inclusive of the currently applicable sales tax. The prices at the time of the order are valid.
4. Data Protection
Customer data is saved and used exclusively for the processing of the order. The basis for this purpose is the data protection agreement of the Federal Data Protection Act and the Telecommunications Data Protection Act.
5. Right of Withdrawal
5.1 The customer has the right to withdraw his/her contract declaration within four weeks without any reason in text form (e.g. letter, e-mail) or through the return of goods. The period starts with the receipt of caution, that is, with the transfer of the order and the acceptance of these Terms & Conditions. For ensuring the withdrawal period the timely dispatch of the withdrawal or the wares is enough. The withdrawal must be sent to the above-mentioned address.
5.2 In case of an applicable withdrawal, the services provided by both sides must be reimbursed. If the customer cannot send the complete goods, sends partial goods, or sends them in a bad condition, we must hold compensation. The surrender of goods does not apply if the aggravation of the goods can be proven exclusively on their examination – as it would occur in retail shops. The customer can avoid the compenstation liability whereby they accept the goods as an owner and refrain on the impact of their value. Goods that can be sent back must be sent back. The customer carries the cost when returning goods if they do not match the ordered goods; on the other hand the return of the goods is free for the customer. Not prepaid packages will not be accepted!
5.3. See above address and relevant data for supplier identification.
5.4. Individually manufactured, personalized products for customer (e.g. baby bottles with name and birthday of the baby, glasses with names, products with individual inscriptions, etc) are not entitled a return guarantee. Personalized goods are produced based on customer specifications and customized to personal requirements. The supplier explicitly notifies that the right of withdrawal and return guarantee is excluded for this products.
6. Delivery of Goods
6.1 The order will be promptly, and not later than the next business day, processed by the supplier after receipt of payment.
6.2 With the delivery of the goods to the delivery company, the supplier concludes his service responsibility and the risk is transfered to the buyer.
6.3 The supplier reserves the right, in case the goods are of out of stock, to conclude the service by sending goods in the same quality and price pursuant to the contract.
6.4 If the delivery of price and qualitatively similar goods cannot be completed, the supplier can disassociate himself from the contract and will not deliver the promised goods. The supplier is required, in such a case, to inform the buyer promptly and also to promptly reimburse the buyer.
7. Packaging and Shipping for End Users
7.1 The packaging costs will be carried by the buyer within the described package and shipping fee.
7.2 The amount of the shipping costs is based on the weight, size and amount of the products order and will be displayed during the order.
8. Payment
8.1 The price is immediately due, as long as not agreed otherwise.
8.2 The buyer falls automatically into default if the payment is not received within 30 days after ordering by cash in advance or receipt of the invoice.
8.3 In cases of default, reminder charges of 5.00 Euro (for each reminder) including statutory default interest will be applied.
8.4. With return debit notes (e.g. not enough account cover of the customer), the applicable bank charges plus 5.00 Euro handling fee will carried by the buyer.
9. Reservation of Proprietary Rights
The delivered goods remain the property of the supplier, independent of the course of the withdrawal period, till complete payment.
10. Guarantee
10.1 The guarantee abides with the statutory agreements and the requirements of the following regulations.
10.2 The customer is required to examine the received goods immediately for any evident mistakes. If an evident mistake is noticed, the customer must promptly inform the supplier within 7 days upon receipt of the goods. If the customer refrains from this duty, the customer cannot make any guarantee claims against the supplier for these mistakes.
10.3 The supplier is not liable for mistakes that result from misuse by the customer. This also applies for normal usage wear. The exercise of the right of withdrawal of the buyer remains untouched.
10.4 In case of mistakes in the goods, the supplier is required, and chosen by him, for a subsequent delivery or subsequent improvement. If the subsequent improvement fails or the subsequently delivered goods also contain mistakes, the buyer can return the goods and receive a reimbursement of the agreed price or the request of an abatement of the price.
10.5 The supplier guarantees a life-long guarantee on the product „Baby bottle with name and birthday, as well as glasses inscribed with names“ with reference to the durability of the hard bonding of the inscription on the glass. The buyer has therefore a life-long right to return the goods and receives refund of the purchase price (exlcuding the eventual shipping costs) from the supplier, if the inscription should loosen from the bottle or the glass. The shipping costs to the supplier are carried by the buyer. This guarantee does not apply for the chipping of the inscription due to misuse.
10.6 The supplier guarantees that the product „Baby bottle with name and birthday as well as glass with name“ is cooking and fire resistant up to 100 degrees Celsius or 220 degrees Fahrenheit and suitable for washing in a dish-washing machine. With authorized reclamations, the buyer has the right to return the goods and will be refunded the purchase price (excluding the eventual shipping costs). The shipping costs to the supplier will be carried by the buyer.
10.7. For the correctness of information transmitted electronically for the personalization of the goods (e.g. inscription of the baby bottle with name and birthday of the baby, the bottle with the name or other individually manufactured products), any guarantee is excluded. The buyer assures the correctness of the information transmitted electronically for the individualization of the goods.
11. Liability
11.1 The supplier is liable for premeditated and gross negligence of his employees, authorized representatives and managing personnel. This also applies for assured properties.
11.2 The supplier is liable of light negligence only if the contract has been injured due to the non-delivery of the contract target and the non-completion of the contract goal (cardinal obligation).
11.3 Claims from c.i.c. / pVV prescribe irrespective of the standing regulations within two years.
11.4 The Product Liabilty Act remains untouched.
11.5 The standing regulations are also valid for the fulfillment aid of the supplier.
12. Applicable Law / Jurisdiction
Germany law is applicable under exemption of the UN right of purchase. The jurisdication is Cologne / Germany.
Date: 01.07.2008/ Version 01
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| Testimonials |
Hello Mr. Hess,
I would like to thank you once more for the quick and problem-free delivery of the bottle! It is seldom that I see such a nice idea for a birth. I am really impressed. Thank you once more!
Sylvia Aschenbrenner
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