General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (ASSCA GmbH) via the website www.meinbabywohl.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, you will finally be shown the order details as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the “back” function of your internet browser) or cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quotation are non-binding. We will then submit a binding offer to you in written form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Special agreements regarding offered payment methods
(1) Payment via “PayPal” / “PayPal Checkout”
When selecting a payment method offered via “PayPal” / “PayPal Checkout,” 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; “PayPal”). The individual payment methods available via “PayPal” are displayed to you under a correspondingly labeled button on our website and during the online ordering process. “PayPal” may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
§ 4 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 5 Warranty
(1) Es bestehen die gesetzlichen Mängelhaftungsrechte.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer information

1. Seller's identity

ASSCA GmbH
Fronstr. 6
78661 Dietingen
Germany
Phone: +49 741 74168879
Email: info@meinbabywohl.de

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of “Formation of the Contract” in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. After we receive your order, the order details, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. For quote requests outside of the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. Die in den jeweiligen Angeboten angeführten Preise sowie die Versandkosten stellen Gesamtpreise dar. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is to an EU member state but the payment is made outside the European Union.
5.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery terms, delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental damage to the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7. Statutory warranty rights
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the IT law specialists of the Händlerbund (German Retail Federation) and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal compliance of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: October 22, 2024