GTC
General Terms and Conditions
§ 1 Scope
§ 2 Registration
§ 3 Presentation of Products, Orders and Conclusion of Contract
§ 4 Delivery Conditions and Shipping Costs
§ 5 Prices and Payment Conditions
§ 6 Reservation of Proprietary Rights
§ 7 Claims for Defects
§ 8 Limitation of Liability
§ 9 Cancellation Policy
§ 10 Product Care and Maintenance
§ 11 Final Provisions
Internet sales conditions of Marileen's Welt exklusive Kinderkleidung und mehr GmbH (referred to in the following as: 'Marileen`s Welt') for consumers including cancellation policy
This online shop is operated by Marileen’s Welt exklusive Kinderkleidung und mehr GmbH, Von-Luck-Straße 34, 14129 Berlin. Marileen’s Welt exklusive Kinderkleidung und mehr GmbH is registered at the registry office of the Berlin-Charlottenburg District Court (HRB 120368 B). The managing director with exclusive power of representation is Martina Föhr. The e-mail address is: info@kidsstars.de. The VAT identification number is given as follows: DE 265 675 713.
(1) These general terms and conditions (referred to in the following as 'terms and conditions' the legal relationships between Marileen’s Welt exklusive Kinderkleidung und mehr GmbH (referred to in the following as 'Marileen's Welt') and its customers in relation to the delivery of goods of 'Marileen's Welt' that are presented on the internet via the www.kidsstars.de website (referred to in the following as 'deliveries of goods'.
(2) Insofar as nothing deviating from this has been agreed in writing, these terms and conditions will apply exclusively; provisions of the customer that oppose this or that deviate from these general terms and conditions will not be recognized.
(1) The conclusion of contracts on the deliveries of goods of 'Marileen's Welt' assumes that the customers register on the 'Marileen's Welt' website with the personal data requested there, and declare their agreement with the validity of the present terms and conditions. Only unrestrictedly competent natural persons are entitled to register. There is no entitlement to admittance. When registering, the customer selects a personal username and password, in accordance with the registration form provided on the 'Marileen's Welt' website. The password is to be kept secret by the customer and must not be communicated to third parties.
(2) Apart from the duties referred to in § 2 Paragraph 1 above, no obligation is connected to the registration of customers on the 'Marileen's World' website and the registration is free of charge for the customers. Customers may have their registration deleted at any time. Changes can be entered online via the registration forms contained on the 'Marileen's World' website.
§ 3 Presentation of Goods, Orders and Conclusion of Contract
(1) The presentation of goods on the 'Marileen's World' website does not constitute binding offers for the deliveries of goods on the part of 'Marileen's World'.
(2) Contracts on the deliveries of goods between the customer and 'Marileen's World' are arise through e-mail orders of the customer via the input masks contained on the 'Marileen's World' website and subsequent confirmation of receipt on the part of 'Marileen's World'. The confirmation of receipt takes place via an e-mail from 'Marileen's World' to the address given by the customer in his registration.
§ 4 Delivery Conditions and Shipping Costs
(1) Delivery dates indicated by 'Marileen's Wold' on its website are non-binding insofar as nothing deviating from this has been expressly determined. The meeting of deadlines for deliveries assumes the timely receipt of all of the data required of the customer who is to receive the delivery, as well as the meeting of the agreed payment conditions and other duties by the customer. If these preconditions have not been met, the delivery deadline will be appropriately extended without prejudice to any further claims of 'Marileen's Welt'.
(2) Deliveries within Germany and abroad will be made by the company DHL. We reserve the right to make partial deliveries.
(2.1) National Shipping
For deliveries within Germany, we charge a shipping costs flat fee of €5.00. From a value of goods of €100.00, we deliver within Germany free of charge.
Agreement on Coverage of Costs
If you avail of your right to cancellation, you must bear the return costs if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of €40, or if in the event of a higher price of the item at the time of the cancellation, you have not yet made the service in return or the contractually agreed partial payment. If this is not the case, the return will be free of charge for you.
(2.2) International Shipping
(2.2.1) Delivery in EU Countries
For delivery to the following EU countries, a shipping cost flat-fee of €15.00 is calculated:
Austria, Belgium, the Czech Republic, Cyprus (excluding the northern part) Denmark (excluding the Faroe Islands and Greenland, Estonia, Finland (excluding the Åland Islands), France (excluding oversee territories and departments), Greece (excluding Mount Athos), Great Britain (excluding the Channel Islands), Hungary, Ireland, Italy (excluding Livigno and Campione d'Italia), Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands (excluding territories outside of Europe), Poland, Portugal, Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta and Melilla) Sweden
From an order value of €500.00, 'Marileen's World' will deliver to the above-named EU countries free of charge.
(2.2.2) Delivery in Switzerland
Delivery in Switzerland takes place on a DDU (delivery duty unpaid) basis. In the context of the purchase procedure, the invoice amount is charged without taxes, customs duties and fees.
Any arising import sales tax and possibly arising customs duties and fees will be charged to the recipient separately in Switzerland. In the event of a return, these costs will not be refunded by 'Marileen's Welt'.
'Marileen's Welt' will deliver to Switzerland free of shipping charges from an order value of €500.00.
(2.2.3) Delivery to the USA/Kuwait/United Arab Emirates/Russia
Delivery to the above-named countries takes place on a DDU (delivery duty unpaid) basis. In the context of the processing of the purchase, the invoice amount will be charged without taxes, customs duties and fees.
Any arising import sales tax and possibly arising customs duties and fees will be charged to the recipient separately in the respective country. In the event of a return, the costs will not be refunded by 'Marileen's World'.
'Marileen's World' will deliver to the named countries free of shipping charges from order values of €1000.00.
§ 5 Prices and Payment Conditions
(1) The prices listed on the 'Marileen's Welt' website for the deliveries of goods are final prices including VAT, but do not yet include the incurred shipping costs. In addition, we also charge shipping costs that are to be borne by the purchaser; these are indicated to the purchaser during the ordering process, or are communicated by telephone and are also downloadable from our website.
(2) The purchase price for the deliveries of goods of 'Marileen's Welt' is immediately payable on receipt of the order on the part of 'Marileen's Welt'. The payment takes place through the customer's method of choice: by credit transfer, PayPal or credit card.
In the case of payments by credit card, the charging of your credit card account will take place on the completion of the order.
§ 6 Reservation of Proprietary Rights
The goods to be delivered to the customer by 'Marileen's Welt' will remain the property of 'Marileen's Welt' until all of the existing claims of 'Marileen's Welt' in relation to the customer arising from the purchase of the products have been satisfied in full.
(1) 'Marileen's Welt' does not issue any guarantees for the condition of the goods it delivers to the customer. In particular, the descriptions of the goods products given on the 'Marileen's Welt' website do not have the character of a guarantee.
(2) In the event of defects, the claims of the customer for supplementary performance, price reduction and withdrawal from the contract will be determined by the applicable provisions of the law. Compensation can only be demanded under the conditions of § 8 below.
(1) Subject to § 8 paragraph 2 and/or 3 below, regardless of the legal basis, claims for damages on the part of the customer and his claim for the compensation of expenses incurred will, according to the amount, be (a) restricted in relation to delivered goods that are the cause of damages to the amount of the related agreed price and (b) otherwise excluded
(2) The limitation of liability pursuant to § 8 paragraph 1 is not applicable to the extent that the cause of the damages is due to gross negligence or an intentional breach of fundamental contractual obligations (cardinal obligations); in the case of the negligent violation of fundamental contractual duties, the amount of the liability is limited to typically foreseeable damages.
(3) Furthermore, the limitation of liability pursuant to § 8 paragraph 1 does not apply in the case of damages due to death and injury to body or health, in the case of a liability pursuant to the product liability law, or insofar as 'Marileen's Welt' concealed a defect with the intent to deceive or, by way of an exception, issued a guarantee.
Right to Cancellation
You may cancel your contract without giving reasons within 14 days in written form (e.g. letter, fax, e-mail) or - if the item is provided to you before the expiry of this date - through the return of the item. The term begins on receipt of this instruction in written form, but not before the arrival of the goods at the recipient (in the case of the repeated delivery of goods of the same kind, not before the first partial delivery) and also not before the fulfilment of our information obligations pursuant to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB as well as our duties pursuant to § 312e Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item shall be deemed sufficient for compliance with the cancellation term. The cancellation is to be sent to:
„Marileen’s Welt“ exklusive Kinderkleidung und mehr GmbH,
Von-Luck-Strasse 34, 14129 Berlin
Consequences of Cancellation
In the case of an effective cancellation, any mutually received benefits are to be refunded and possible benefits derived (e.g. interest) to be returned. Should you be unable to return the item or only return it partially or in a deteriorated condition, then you will be obliged to compensate us accordingly in this respect. In the case of the return of an item, this will not apply if the deterioration of the item is due exclusively to its inspection - as would have been possible for you in, for example a retail shop. In other respects, you may avoid any duty to provide compensation for any deterioration of the item caused by the intended use by not using the item as your own property and refraining from all actions that may diminish its value. Items suitable for delivery by parcel are to be returned at our risk. You will have to bear the costs of the return if the delivered goods corresponds to the ordered item and if the of the item to be returned does not exceed €40 or, in the case of a higher price of the item at the point in time of the cancellation, you have not yet performed the service in return or made any contracted partial payment. Otherwise the return is free of charge for you. Items that cannot be shipped by package will be collected at your address. Obligations to refund payments must be met within 30 days. The term begins for you with the sending of you declaration of cancellation or the item and for us, following its receipt.
End of the Cancellation Policy
§ 10 Product Care and Maintenance
We would like to draw the attention of the purchaser to the washing and care instructions on the product labels. We will not be liable for any arising damages due to improper handling.
(1) For these terms and conditions and for the contracts concluded between 'Marileen's Welt' and the customer, the law of the Federal Republic of Germany including the United Nations Convention on Contracts for the International Sale of Goods shall be applicable. The place of fulfillment is Berlin.
(2) Insofar as the customer is a consumer and does not have any domicile in the Federal Republic of Germany, the contractual relationship shall be exclusively subject to the law of the Federal Republic of Germany including the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as imperative provisions of the law of the state the consumer normally resides in do not provide otherwise.
(3) In the case that the customer or purchaser is a businessperson, a legal person under public law, or a federal special fund under public law, the jurisdiction shall be Berlin. We are nevertheless also entitled to file a lawsuit at the court of the customer's place of residence.
(4) Deviations from these terms and conditions must be in written form. This also applies to the changes to the written form clause.
(5) Should individual or several determinations of these terms and conditions be or become invalid, the validity of the remaining parts of these conditions shall not be affected.
Annex
Consumer information in the case of distance contracts on the acquisition of goods of 'Marileen's Welt' exklusive Kinderkleidung und mehr GmbH
Dear Customer,
Insofar as, when visiting the website www.kidsstars.de of 'Marileen’s Welt' exklusive Kinderkleidung und mehr GmbH (hereinafter 'Marileen´s Welt'), you order goods that can be ascribe to neither to your commercial nor to your self-employed business activity, we would like to draw your attention to the following:
1. The language available for the conclusion of a contract via the website of 'Marileen's World' is exclusively German.
2. The essential features, characteristics and other attributes of the goods offered by 'Marileen's Welt' can be learned from the product descriptions in the context of the website of 'Marileen's World'.
3. The presentation of goods of 'Marileen's Welt' on the 'Marileen's Welt' website is carried out exclusively for the purposed of providing information and does not represent a binding offer in respect of deliveries of goods of 'Marileen's Welt'. Contracts on the deliveries of goods between you and 'Marileen's Welt' come about only via the input masks and the subsequent acknowledgement of receipts on the part of 'Marileen's World'. The acknowledgement of receipt takes place via e-mail from 'Marileen's Welt' to the address given by you in the context of the registration.
4. Any arising input errors in the placing of your orders can be corrected via the input masks on the 'Marileen's World' website with the aid of a delete and change function.
5. The prices for goods indicated on the 'Marileen's World' website are end prices with VAT. In addition, we invoice arising shipping costs; these can be downloaded from our website and are explicitly shown during the order procedure.
6. The purchase price for the deliveries of goods of 'Marileen's Welt' is payable immediately on the receipt of the order by 'Marileen's Welt'. The payment can be made according to your choice by credit card, PayPal or by means of credit transfer. Our bank account details are:
Marileen´s Welt exklusive Kinderkleidung und mehr GmbH,
Account-no. 65 40 33 000, Sorting code 100 400 00, Commerzbank Berlin
DE1010 0400 0006 5403 3000, BIC COBADEFFXXX
For payments by credit card, we use the credit transfer method 'SSL for the encryption of your personal data.
7. You have a right to cancellation under the following conditions:
Right to Cancellation
You may cancel your contract without giving reasons within 14 days in written form (e.g. letter, fax, e-mail) or - if the item is provided to you before the expiry of this date - through the return of the item. The term begins on receipt of this instruction in written form, but not before the arrival of the goods at the recipient (in the case of the repeated delivery of goods of the same kind, not before the first partial delivery) and also not before the fulfillment of our information obligations pursuant to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB as well as our duties pursuant to § 312e Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item shall be deemed sufficient for compliance with the cancellation term. The cancellation is to be sent to:
„Marileen’s Welt“ exklusive Kinderkleidung und mehr GmbH,
Von-Luck-Strasse 34, 14129 Berlin
Consequences of Cancellation
In the case of an effective cancellation, any mutually received benefits are to be refunded and possible benefits derived (e.g. interest) to be returned. Should you be unable to return the item or only return it partially or in a deteriorated condition, then you will be obliged to compensate us accordingly in this respect. In the case of the return of an item, this will not apply if the deterioration of the item is due exclusively to its inspection - as would have been possible for you in, for example a retail shop. In other respects, you may avoid any duty to provide compensation for any deterioration of the item caused by the intended use by not using the item as your own property and refraining from all actions that may diminish its value. Items suitable for delivery by parcel are to be returned at our risk. You will have to bear the costs of the return if the delivered goods corresponds to the ordered item and if the of the item to be returned does not exceed €40 or, in the case of a higher price of the item at the point in time of the cancellation, you have not yet performed the service in return or made any contracted partial payment. Otherwise the return is free of charge for you. Items that cannot be shipped by package will be collected at your address. Obligations to refund payments must be met within 30 days. The term begins for you with the sending of you declaration of cancellation or the item and for us, following its receipt.
End of the Cancellation Policy
8. We also refer you to our general terms and conditions. 'Marileen’s Welt' exklusive Kinderkleidung und mehr GmbH, company with limited liability, HRB 120368B, Berlin-Charlottenburg District Court, Von-Luck-Straße 34 in 14129 Berlin, represented by the managing director Martina Föhr, VAT identification number DE 265 675 713, e-mail info@kidsstars.de, telephone +49(0)30 80 10 55 36.
