Terms and Conditions
These terms and conditions were originally issued in the German language and the German version applies. The English translation serves to the better understanding of the customer only.
§ 1 General
- The following terms and conditions apply for all business relations of the company Miobambino GmbH, named contractor in the following, on the website www.my-baby-shop.com. Significant is the relevant version at the date of the conclusion of the contract. Even if acknowledged, variant, opposing or supplementary general business conditions will not become an integral part of the contract, unless their validity is expressly agreed to.
- Consumers in the sense of the terms and conditions are natural persons that initiate a business relationship without performing a commercial or self-employed activity.
- Businessmen in the sense of the terms and conditions are natural persons or juristic persons or incorporated partnerships that initiate a business relationship and perform commercial or self-employed activity.
- Clients in the sense of the terms and conditions are consumers as well as businessmen.
§ 2 Contract
- The offers of the contractor are without engagement. Technical and other changes remain reserved.
- Your orders on the website are obligatory offers for closing a purchase contract of the by us offered products.
- Apparently orders against the constitution of the Federal Republic of Germany or against ethical basics will not be processed.
- The following steps on the website www.my-baby-shop.com lead to the formation of a contract:
- Products are selected from the assortment and are added to the shopping cart using the respective product pages. In addition to the quantity it is possible to select product properties such as color or size for some products. The quantity can be changed in the shopping cart and the product can also be removed from it.
- After entering the address and contact data and choosing a method of payment and shipping an overview of the order is displayed at the checkout. The order data can be altered until the order is placed. Before placing the order it has to be comfirmed that the terms and conditions have been read and are accepted. The terms and conditions are available at the website www.my-baby-shop.com and can be displayed, printed or downloaded as file.
- Input errors that occur during the order process will automatically be detected and indicated by corresponding error messages.
- As soon as the order has been placed an order confirmation with an overview of the order is automatically sent to the email address that was stated in the order data.
- The contract is only accomplished if the contractor has sent an email including the order confirmation to the client and the client did not withdraw within 24 hours.
- The online shop is available in German and English. However, only the German versions of the content that is related to the formation of the contract apply.
- The wording of the contract will be stored by the contractor and cannot be viewed online after the order has been placed, but the order confirmation that is sent via email contains all relevant order data.
- All agreements must be made and transferred in text form. Verbal agreements are legally ineffective unless they have been put into text form retroactively and confirmed by both contract parties.
- The execution of the contract is subject to variations of textile quality, color, weight, dimensions, design or similar properties from brochures, catalogs and other written or electronic documents as far as those can be reasonably imposed to the customer.
§ 3 Instructions on withdrawal
The right of withdrawal is not provided in respect of distance and off-premises contracts as regards the supply of goods made to the consumer's specifications or clearly personalised.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Miobambino GmbH, Friesenstraße 16, 61348 Bad Homburg v. d. Höhe, Germany, phone: +49 (0)6172 9442890, fax: --, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Miobambino GmbH, Friesenstraße 16, 61348 Bad Homburg v. d. Höhe, Germany, fax: --, firstname.lastname@example.org:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§ 4 Delivery
- The delivery date extends for all cases of force majeure of the time the obstacle remains. Cases which apply as force majeure are mainly strike, operating troubles - especially malfunctions in the data links - so far these obstacles essentially influences demonstrably the delivery of the product. This also applies if the obstacle appears at one of the contractual partners of the contractor. The mentioned circumstances are also not represented by the contractor if they occur during an already consisting delay.
- Please make sure that the cardboard box is undamaged. If you are in doubt about the intactness of the goods or if the cardboard box is damaged, please check the intactness of the goods (by unpacking and verifying) before you give your signature to the driver. Damages that are found after you signed, are not insured.
- Business and traffic hold-ups, shortage of work force, energy or raw materials, effects of industrial actions, official decrees as well as any other case of force majeure, also with subcontractors, free us from the delivery commitment for the duration of the incident and the scale of its effects. These occurrences entitle us to withdraw from the contract completely or partly without the customer getting the right of compensation for damages.
§ 5 Payment
- The offered price is binding.
- For buyers from states of the EU the prices stated are final. They include the occuring taxes especially the value added tax. The billing address is decisive at this.
- For buyers from outside of the EU the prices stated are net price. The billing address is decisive at this. Should a value added tax incur according to the laws of the recipient country it must be paid additionally when the goods are received. Import duties might also incur and the buyer must pay them when receiving the goods.
- The stated prices on the website are under the reserve, that the base order data from the offer of the client remains unchanged.
- If a shipment of goods will be sent once again on demand of the client, out of reasons which the client has to represent himself, he has to cover all arising expenses.
- Additional costs for e. g. package, cargo, postage, insurance and other mailing expenses are stated in the price list.
- The client stated methods of payment applies.
- In case of refusal of the products the client gets into a delay of payment. The customer has a debt amounting to 5 % above the base lending rate to bear interest during this period of time, the businessman amounting to 8 %. We reserve to verify and apply a higher default interest claim from businessmen. For the assignment of a payment reminder in written form, we charge 15.00 EUR as collection expenses. If no payment arrives within eight (8) working days after receipt, we take legal action. Provisory to the order of the client, a prepayment can be demanded for the purpose of the preparation of large, special materials or pre-work.
§ 6 Retention of Title
The contractor reserves the ownership of the product until the entire payment of the purchase price is transferred, for businessmen aside this, until the complete settlement of all claims of the current business relation.
§ 7 Warrantee
- Complaints about obvious deficiencies must be notified by the client to us in text form within one week after receiving the product; else the assertion of the warranty claim for the businessman is excluded. A timely dispatch is enough for the adherence to the time limit. Hidden deficiencies which could not be found after an incumbent, immediate check of the product must be notified in text form within 6 months after the products left the production, as well.
- With legitimate complains our customers have the choice if a remedy or a replacement will take place. We are authorized to refuse the chosen supplementary performance, if it is only possible with disproportional costs and the other possibility is without remarkable disadvantage for the customer. For businessmen we will choose initially a remedy or replacement for our warranty on deficiencies on the product. In any case the supplementary performance is limited to the amount of the order value. The same applies for the case of a legitimate complaint of the remedy or replacement. In case of delayed, omitted or failed remedy or replacement the client is able to resign from the contract. A commitment for the consequential harm caused by a defect is impossible.
- Deficiencies on a part of the delivered products does not legitimate a complaint about the entire shipment, except a partial delivery is not in the interest for the client.
- The warranty period for customers is two years starting with the delivery of the goods. The warranty period for businessmen is one year starting with the delivery of the goods. The one-year warranty period does not apply if we are guilty of gross negligence or in case of bodily injury or damage caused to someones health. Our liability in terms of the Product Liability Act will remain unaffected by this.
§ 8 Liability
Our liability conforms with the common legal regulations. For damages that arise from the harm of life, body or health which are caused by careless neglect of duty of the contractor or an intended or careless neglect of duty of one of his legal representatives or auxiliary persons the contractor is liable without restrictions according to the legal regulations. The same applies for other damages that occur because of careless neglect of duty of an plant operator or an intended or careless neglect of duty of one of his legal representatives or auxiliary persons. For other damages that incur because of a breach of essential responsibilities caused by slight negligence of the contractor or one of his legal representatives or auxiliary persons the liability of the plant operator is limited to the foreseeable damages typical for this type of contract up to a maximum of twice the value of the subject of the order. Claims for other damages in case of the breach of collateral duties with slight negligence are barred. Any further liability is barred. The contractor is not liable for other damages cased by delay that are based on slight negligence; the lawful rights of the client after the expiration of a reasonable additional respite are not affected by this. The aforementioned disclaimers and/or limitations do not apply if the contractor maliciously conceals an insufficiency or has incurred an independent guarantee on the condition of the thing. The client's right to compensation of vain expenses instead of the claim for damages remain unaffected. The claims of the client for compensation are subject to the following arrangements impossible, if the damage was not done by intention or negligence. This also applies to slight negligent breach of duty of our assistants. The aforesaid exclusion of liability does not apply in case we have broken an essential duty negligently; however, in this case our duty of replacement is limited to the contract's standard, predictable damage. Especially, the contractor will not adhere for the lost business profits and the lost savings respectively. Obvious damages in transit must be complained to the deliverer of the delivery service at once; subsequent complaints concerning this matter will not be accepted.
§ 9 Ownership, Copyright
In all publications the author is anxious, to respect the copyright of used graphic arts, audio documents, video sequences and texts, to use by himself created graphic arts, audio documents, video sequences and texts or to use license free graphic arts, audio documents, video sequences or texts. All on the website named and as the case may be third party protected hall- and trademarks underlie unrestricted to the applying terms of the respective brand right and the ownership rights of the registered respective owner. The conclusion that the trademark is not protected by a third party should not be made, alone because of the bare mentioning! The copyright for all released, by the author self created objects remains only with the author of the sites. A duplication or usage of those graphic arts, audio documents, video sequences and texts in other electronically or printed publications without an expressly agreement is not permitted.
All messages, graphical arts and the layout of the contractor's website only serve to inform our clients. The usage occurs at own risk. All data of this offer are copyrighted; the copying and the printing of the entire website are only permitted for an order at this company. Every furthermore exceeding editing, duplicating, processing and/or public reproduction cross the usual usage and demonstrate an offence against the copyright, which will be prosecuted and compelled for compensation. The trademark from MY-BABY-SHOP®.com, the company logo, the site headers and navigation bars, graphic arts and button symbols are registered trademarks from MY-BABY-SHOP®.com and Miobambino GmbH. All other trademarks, product names and company names and as the case may be logos used on our website, are sole proprietor to the respective owner. All rights reserved.
If the customer submits an own design or exerts influence on the product (personalization of the text), the customer assures to the contractor that the text and design are free from third party rights. Possible infringements of the copyright, personal right or naming right are fully borne by the customer in these cases. Additionaly the customer assures that he does not infringe other rights of a third party by personalizing a product. On the first request the customer will exempt the contractor from all claims that are asserted because of an infringement of such third party rights. The customer refunds all occuring costs for the advocacy and other disadvantages.
§ 10 Privacy
Miobambino GmbH is obligated to inform you as the customer in detail about the type, scope and purpose of the collection, processing and use of the personal data required for the execution of orders as well as their right to object to the use of their anonymised usage profile. Your stored data will be treated confidentially. Your data will not be passed on to other companies for the purpose of advertising or market research.
Information about the scope of protection of your personal data
With the following information we inform you about the processing of your personal data by Miobambino GmbH and your rights under the new data protection law.
Responsible for data processing
61348 Bad Homburg v. d. Höhe
Telephone: +49 (0)6172 9442890
You can reach our data protection officer by post at the above address with the addition "Data Protection Officer" or by e-mail: email@example.com
Purposes and legal bases of data processing
We process your personal data in compliance with the Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (DSGVO), and all other relevant laws. We process personal data that we receive from our customers or other stakeholders as part of our business relationship.
We also process and process your data in order to legitimately protect the interests of us or third parties (Art. 6 (1) (f) GDPR). We process personal data in accordance with the provisions of the EU General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG) for the fulfillment of contractual obligations (Art. 6 para. 1 b DSGVO) z. To ensure IT security and IT operations.
In addition, we process your personal data in fulfillment of legal obligations (eg regulatory requirements, manual and tax-related retention obligations) The legal basis for processing is the respective statutory provisions in conjunction with Article 6 paragraph 1 c) GDPR.
If we want to process your data for a purpose not mentioned above, we will inform you beforehand within the scope of the legal provisions.
We take care of the management of your personal data ourselves.
If there is a contract between you and us, your data may be processed by us, for example for the central administration of address data, for telephone customer service, for order and service processing, for collection and disbursement or for mail processing.
Who gets my data?
Within our organization, employees have access to the information they need to fulfill our contractual and legal obligations.
Furthermore, we may transfer your personal data to other recipients, such as public authorities to fulfill legal reporting obligations.
Duration of data storage
We delete your personal data as soon as it is no longer necessary for the above purposes.
In addition, we store your personal data as far as we are legally obliged to do so. Corresponding requirements for storage and proof arise, inter alia, from the German Commercial Code (HGB) and the Tax Code. The storage periods are then up to ten years.
You can request information about the information / data stored about you at the above address at any time. In addition, under certain conditions, you may request the correction or deletion of your data. You may continue to be entitled to restriction (the processing of your data and the right to disclose the data you provide in a structured, common and machine-readable format). This also applies to the revocation of declarations of consent, which were issued to us before the validity of the GDPR, ie before May 25, 2018. Please note that the revocation only works for the future. Processing that occurred before the revocation is not affected.
Right to object
You always have the right to object to the processing of your personal data for direct marketing purposes. If we process your data in order to safeguard the legitimate interests, you can object to this processing if your particular situation gives rise to reasons that speak against it (the data processing).
Right of appeal
You have the option of complaining to the above-mentioned Data Protection Officer or to a data protection supervisory authority. The data protection supervisory authority responsible for our company is: Der Hessische Datenschutzbeauftragte Prof. Dr. Michael Ronellenfitsch, Postfach 31 63, 65021 Wiesbaden.
If we wish to transfer personal data to service providers outside the European Economic Area (EEA), the transfer will only take place if the third country has been confirmed (by the European Commission) to have an adequate level of data protection or other appropriate data protection guarantees (eg binding corporate data protection regulations or EU standard contract clauses).
The customer expressly agrees to the collection, processing and use of his personal data. The consent to the storage and purposeful processing of his data, he can be revoked at any time in writing or by sending an e-mail to firstname.lastname@example.org. Insofar as there is the possibility of entering personal or business data (e-mail addresses, names, addresses) within the Internet offer, the customer relinquishes this information on an expressly voluntary basis. The use and payment of all offered services is - as far as technically possible and reasonable - also without specification of such data or under specification of anonymized data or a pseudonym allowed. The use of the contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers as well as e-mail addresses by third parties for the purpose of sending information not expressly requested is not permitted. Legal action against the senders of so-called spam mails for violations of this prohibition are expressly reserved.
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google") Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. Google will in no case associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; however, please note that in this case you may not be able to use all features of this website to the fullest extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
§ 11 Applicable Law, Place of Performance, Jurisdiction
- Law of the Federal Republic of Germany applies, unless the validity of the German law is excluded due to mandatory standards.
- The "United Nations Convention on Contracts for the international sale of goods"-terms do not apply.
- If the merchant is a juristic person of the public law or public assets the exclusive place of performance and jurisdiction for all disputes about this contract is our business location. The same applies if the customer has no common place of performance and jurisdiction in Germany or if the ordinary residence or habitual abode are not known at the moment of commencement of action.
§ 12 Severability Clause
If the single terms of the contract with the client including these terms and conditions are or will be entirely or partially inoperative, the validity of the other terms is not touched, hereby. The entire of partial inoperative regulation shall be replaced with a regulation, which is as close as possible to the economical success of the inoperative one.
As amended on 2018-05-22