General terms and conditions
1. Scope of application
These General Terms and Conditions (hereinafter also referred to as "GTC") apply to all orders you place with us (Tobi GmbH & Co. KG, Wildmoos 2, 82266 Inning am Ammersee, Managing Director Christian Pihale, Commercial Register Local Court Munich HRA 83524) via our online Internet shop page www.babybay.de (hereinafter also referred to as "Online Shop"). A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2 Prices, shipping costs, terms of delivery
For orders in our Internet shop, the prices stated in the offer at the time of the order apply. The indicated prices are final prices in Euro, i.e. they include all price components as well as the legal value added tax. The delivery time is 1- 2 working days, unless otherwise stated in the offer. For larger packages, delivery is made by a freight forwarder. In case of delivery by a forwarding agent, the delivery is currently made to the curb. Please note that due to the package sizes a delivery to a Packstation is not possible. Additional costs may arise for the use of different payment methods. We will inform you about the shipping costs on our website and during the order process. The delivery is carried out with the usual parcel services such as DHL and/or GLS. If not all ordered products are in stock, the order will be shipped as soon as all products are on stock. If the ordered product is not available because Tobi GmbH & Co. KG is behind with production, Tobi GmbH & Co. KG can withdraw from the contract. The money already paid by you will be refunded to you immediately. Please note that delivery to a Packstation is not possible due to the package size.
3. Conclusion of contract, contract language
The presentation of the articles does not constitute a legally binding offer, but rather an invitation to the customer to submit a binding offer to us. You can check your entry again on our order page. By clicking the button "Buy" you complete the order process. With this you have placed a binding order. The process can be aborted at any time by closing the browser window. On the individual pages you will receive further information, such as correction options. After receipt of your order in the online shop, you will automatically receive an e-mail documenting your order (order receipt confirmation). A contract is not yet concluded as a result. An effective contract between you and us is only concluded when we accept the offer by e-mail or by delivering the goods within five days.
Depending on the method of payment selected, a binding contract may be concluded in advance as follows:
• If you have chosen the payment method credit card (Paypal Checkout), the contract is concluded at the time of the credit card debit.
• If you have chosen the payment method Paypal, the contract is concluded at the time of your confirmation of the payment order to Paypal.
• If you have chosen the payment method prepayment, the contract is concluded with the receipt of the order confirmation.
The contract is concluded exclusively in German. We conclude contracts only with customers who have reached the age of 18 years. Articles will only be delivered in quantities customary in households.
The payment of the goods takes place alternatively by prepayment by Paypal or by Paypal Checkout. Tobi GmbH & Co. KG reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or cheques is not possible. If you pay in advance, please transfer the full invoice amount to our account within 7 days of receipt of order, stating the purpose of use. The articles of your order will be reserved for you until then. Please understand that we unfortunately have to cancel your order if we have not received any payment from you by then. For the punctual receipt of payment with the Tobi GmbH&Co.KG a period of up to three working days is to be considered for your transfer.
If you should get into delay of payment, then we reserve ourselves to put a dunning cost lump sum at a value of 2,50 € as well as if necessary a collection handing over lump sum at a value of 2,50 € in calculation. Further claims (e.g. reimbursement of legal costs) remain reserved. If you are in default of payment with more than one liability, all claims of Tobi GmbH & Co. KG against you become due for payment immediately. You will receive the invoice by e-mail. A dispatch of the invoice by letter post to you does not take place.
5. Right of revocation
Consumers have a right of withdrawal. Please note that Tobi GmbH & Co. KG only takes back products that were purchased via our website babybay.de. The respective dealer is responsible for products purchased at other points of sale.
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Tobi GmbH & Co. KG, Wildmoos 2, 82266 Inning am Ammersee, Germany, fax: 0049-8143-99949-199, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use our sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments received from you, excluding delivery costs, immediately and no later than fourteen days from the date on which we received notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in rare cases charges may be levied for this refund. We may refuse a refund until we have received the Goods back free of charge or until you have proved that you have returned the Goods, whichever is the earlier.
You shall return or deliver the goods to us free of charge without delay and in any event no later than fourteen days from the date on which you notified us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall only be liable for any loss in value of the goods if such loss in value is attributable to a handling of the goods which is not necessary for testing their condition, properties and functionality.
The right of revocation does not apply to the following contracts:
• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
• Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery,
• Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
• Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
• Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
6. warranty conditions
The statutory warranty rights exist.
7. vouchers and voucher codes
The validity of the vouchers(codes) issued by Tobi GmbH&Co.KG (babybay.de) have a maximum validity of one year from the date on which the voucher(codes) was issued. The voucher value will not be paid out in cash and will not be refunded if the voucher(code) is lost. There is no right to exchange for another voucher. The voucher code must always be redeemed on our website in the shopping cart. If the voucher code does not work within one year, please contact our support. Email: email@example.com
8. retention of title
The goods remain the property of Tobi GmbH & Co. KG until full payment has been received.
9. data protection
Personal data will be treated confidentially. When processing and using your personal data, we will always comply with the statutory provisions (e.g. Federal Data Protection Act). Your personal data, which we require for the establishment, execution and processing of business transactions (including orders, inquiries regarding orders, etc.), will be stored and processed by us and transferred to third parties (logisticians) as part of order processing. We collect and use data for our own marketing purposes in accordance with the statutory provisions. For further information, please refer to our data protection regulations.
Possibility of objection
You can object to the use, processing and transmission of your data for marketing purposes at any time by sending a message to the following address: Tobi GmbH & Co. KG, Wildmoos 2, 82266 Innning am Ammersee, Fax: 0049-8143-99949-199, E-Mail: firstname.lastname@example.org. If you wish to receive information about your stored data, please contact us by telephone, post or e-mail at the above address.
10. dispute settlement procedure
The European Commission provides a platform operated by it for online dispute resolution (OS). The platform can be found at http://ec.europa.eu/consumers/odr/
Tobi GmbH & Co. KG is not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration body.
If you have any questions in this regard, please contact us at email@example.com .
11 Choice of law & place of jurisdiction
The contractual relationship between the provider and the customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and Tobi GmbH & Co KG is Munich.
12. severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Tobi GmbH & Co. KG
82266 Inning am Ammersee
Fax 0049 8143 99949199
Personally liable partner:
Tobi Verwaltungs GmbH, headquarters Inning, HRA 151071
VAT Ident No. DE233826453
Authorized representative managing director:
Christian Pihale, HRA 83524 Munich Local Court
Responsible for content according to §6 MDStV:
Christian Pihale (address as above)
Status: January 2022