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| GENERAL TERMS AND CONDITIONS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Your contract of purchase takes place with the lolaloo GmbH: lolaloo GmbH Sprungschanzenweg 56E 14169 Berlin Germany Phone: +49 30 555 75 661 Fax: +49 30 692 05 759 Email: via https://www.lolaloo.com/en/contact Managing Directors: Udo Blenk, Dr. Stefan Stöhr Company registration: Amtsgericht Charlottenburg HRB 113677 B Preamble The lolaloo GmbH offers its customers products for purchase. For this purpose these terms and conditions, concerning all business relations with our customers, shall allow for provisions which are different from or additional to the law, and which shall still apply in addition unless otherwise stated herein. You find information about the supply, conclusion of a contract, dispatch etc. into these general terms and conditions. Please read our general terms and conditions carefully. Contact us with any questions by using the contact form under Contact on our website at www.lolaloo.com. §1 General The lolaloo GmbH sells products to its customers. These general terms and conditions apply to all contracts between the lolaloo GmbH as seller and the customers. The lolaloo GmbH shall enter into agreements with customers who a) are natural persons having the unlimited legal competence to contract and being at least 18 years old, as well as with b) legal entities being resident in a member state of the European Union. §2 Conclusion of contract The customer order represents an obligatory offer. The contract takes place by the acceptance of the customer's order via internet on www.lolaloo.com as well as sending the confirmation of the order on an electronic way (by email) through the lolaloo GmbH. The conclusion of a contract can be also be made written. §3 Disclaimer/ Cancellation Information Right of cancellation according to § 355 Para. 2 of the German Civil Code (BGB) Customers only have a right of cancellation according to the terms set out in § 13 of the German Civil Code. A customer means a natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession. Right of Withdrawal Because of the legal right of withdrawal the customer may revoke his contractual declaration within 14 days without giving a reason. This withdrawal may be made in writing (e.g. letter, fax, email) or by returning the object purchased. Substantial for the beginning of this period is the receipt of this instruction in text form. This period begins when the customer receives the goods, however no earlier than the time at which this information is received. The timely dispatch of the withdrawal or of the goods is deemed to be sufficient evidence that the withdrawal deadline has been observed. The withdrawal shall be sent to: lolaloo GmbH Returns Management Robert-W.-Kempner-Str. 4 14167 Berlin Germany Fax: +49 30 692 05 759 The withdrawal can be made online under: https://www.lolaloo.com/en/contact Consequences of Withdrawal In the case of an effective withdrawal, the goods and services received by both parties must be returned or refunded. If the customer is unable to return some or all of the goods received, or if the condition of the goods has deteriorated, the customer shall indemnify the seller if and insofar as this is necessary. This does not apply if the deterioration of the goods is solely the result of examination, such as the customer would have been able to make in a shop. Otherwise, the customer can avoid entering into an obligation to indemnify the seller by abstaining from using the goods as an owner would and by refraining from any activity which may decrease the value of the goods. Articles which can be sent in a parcel must be returned at the risk of the lolaloo GmbH. When returning goods from a consignment where the total value of the order does not exceed 40 Euro, the customer shall bear the costs of returning the goods provided the goods delivered correspond to those ordered. Otherwise the customer shall not be obliged to pay for the return of the goods. Possible payments need to be returned within 30 days. The disclaimer period starts for the customers by sending the goods back or a disclaimer and for the lolaloo GmbH when the lolaloo GmbH receive the goods or the written disclaimer. End of instructions regarding withdrawal. §4 Delivery Delivery takes place only within a member state of the European Union to the billing address provided by the customer, or to a different delivery address on instruction from the customer. The lolaloo GmbH mails items 5 days a week. Where terms of delivery specified by the lolaloo GmbH are made the basis for placing orders, delivery deadlines may be extended due to strikes or other major causes of disruption, and can be extended for the period of the delay. The same applies when the customer does not fulfill their own obligations to cooperate with delivery procedures. When the article ordered is not available because the lolaloo GmbH through no fault of its own does not receive relevant materials from its suppliers, the lolaloo GmbH may withdraw from the contract. In such a case the customer will be informed by the lolaloo GmbH without delay. The lolaloo GmbH will reimburse without delay any sum already rendered (the purchase price) if applicable. If delivery of goods is not successful after three attempts have been made, the lolaloo GmbH may withdraw from the contract. If necessary, payments that have been made, minus expenses incurred from mailing, will be reimbursed to the customer without delay. Delivery is made strictly by mail or through a delivery service. Articles will be dispatched only in quantities corresponding to normal household use. §5 Renting - not applicable for international costumers - §6 Transportation Costs All transportation costs for the dispatch are included in the selling price. §7 Terms of Payment The payment is carried out alternatively by payment in advance, debit entry, PayPal or cash on delivery. The lolaloo GmbH reserves the right to exclude certain terms of payment. Payment details for payment in advance: lolaloo GmbH Commerzbank Berlin Bank Account No.: : 654 33 0000 Bank Code: 100 400 00 IBAN: DE97 1004 0000 0654 3300 00 BIC: COBADEFFXXX All bank charges must be paid by the customer. If payment in advance is chosen the customer will also receive the bank details in the confirmation right after placing the order and dispatches after having received the payment. The Customer is not entitled to set off or withhold any amount due to the lolaloo GmbH, unless such claim is undisputed or determined by legally binding jurisdiction. The sales prices are final prices including value added tax applicable on the day of the invoice. §8 Reservation of Ownership The lolaloo GmbH retains ownership of all goods delivered to a customer until the delivered goods have been paid definitely and in full. §9 Warranty The lolaloo GmbH assumes liability for defects according to statutory provisions, providing none of the restrictions indicated below apply. The warranty period shall be a period of two years after new goods are delivered to the customer. For used goods the warranty period shall be a period of one year after the goods are delivered to the customer. The customer does not receive any statutory warranties from the lolaloo GmbH. The lolaloo GmbH is not liable for any damage which does not originate from the supplied item itself. Warranty claims presuppose that the defect has not been caused by misuse or overstraining. If a defect appears only later than 6 months after delivery, the customer must furnish proof that the product was defective upon passage of risk. Otherwise, the lolaloo GmbH is entitled to furnish proof that the product was free of defects at the time of delivery. We would like to point out that the display of color and appearance of quality of goods pictured on the internet are not always correct. Your computer can display colors differently from how they appear in reality without us having any control over this. Any inconsistencies resulting do not represent a defect. §10 Liability Liability on the part of the lolaloo GmbH for infringements of contractual obligations and for offenses is restricted to intent and gross negligence. This provision shall not apply in the event of death, physical injury or damage to the customer's health, nor shall it apply in the event of claims based on infringement of cardinal obligations or reimbursement in the event of damages resulting from default (§ 286 German Civil Code (BGB)). In this respect, the lolaloo GmbH assumes statutory liability. The aforementioned exclusion of liability also applies for slightly negligent infringements by auxiliary persons in our service. In as much as liability for damages not arising from death, physical injury or damage to the customer's health has not been excluded for slight negligence, all such claims expire after twelve months starting from the date such a claim has arisen. In as much as liability for damages on our part is excluded or restricted, this also pertains in respect to personal liability for damages on the part of our employees, personnel, staff, representatives, and auxiliary persons in our service. In as much as we negligently violate a contractual obligation, our liability to pay damages for physical damages is limited to damages which might typically be expected to occur. Data communicated over the internet cannot always be guaranteed without mistakes and/or to always be available. We cannot therefore guarantee either the permanent and continuous availability of our online service or that technical and electronic errors, over which we have no control, may occur whilst a transaction is being carried out. In particular, we are not liable for the delayed handling or receipt of transactions. §11 Data Protection All person-related data are dealt with confidentially. The lolaloo GmbH uses the data of its customers for the processing and carrying out of the orders. The data thus stored shall be treated in compliance with the regulations laid down in the federal data protection act and in the teleservice data legislation. §12 Assignment of Rights, Customer Reviews, Customer Photos If the user decides to write a customer review or to provide a photograph, he or she grants the lolaloo GmbH exclusive license, without any limitation of time or place and for the duration of the existence of the rights in question, to further use the customer review or photo for any purpose online or offline. The lolaloo GmbH will endeavor to always name the customer as author (except when the customer indicates they wish to remain anonymous), but reserves the right to shorten or omit this information. The lolaloo GmbH reserves the right not to display, or to display for a limited amount of time, a customer review or photo on the website as well as to shorten or alter customer reveiws, and respectively to edit photos. Customer reviews express solely the opinion of the customer. The contents do not necessarily correspond with the opinions of the lolaloo GmbH. The customer acknowledges that he or she has responsibility for all content of photos provided. §13 Applicable Law with International Contracts This legal relation between the lolaloo GmbH and customers as well as the general Terms and Conditions shall be governed by German Law. The application of the UN-Agreement on Contracts on the International Purchase of Goods of 11th April 1988 is excluded. These provisions leave binding provisions of the state's right, in which the Customer is resident, unaffected, if and as far as the Customer has entered into a purchase contract, which cannot be assigned to the Customer's professional or commercial activity (consumer contract) and if the Customer has taken all legal action in the state of his usual residence which is necessary for the conclusion of a purchase contract. §14 Applicable Law and Final Provisions German Law is applicable. The exclusive place of jurisdiction shall be Berlin or another legal place of jurisdiction at lolaloo GmbH discretion, if the Customer is a businessman in the sense of the German Commercial Code or a corporation under public law. If parts or complete individual provisions of this contract are not valid or if they lose their legal validity later, then this shall not affect the validity of the remaining contract. Version from 15.06.2010 BGB = Bürgerliches Gesetzbuch = German Civil Code |
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