GTC

General Terms and Conditions

1. Scope
These General Terms and Conditions (hereinafter also "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: Munich District Court HRA 83524) via our online shop website www.babybay.de (hereinafter also "Online Shop"). A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Prices, Shipping Costs, Delivery Conditions
For orders placed in our online shop, the prices stated in the offer at the time of the order apply. The prices stated are final prices in euros, i.e., they include all price components as well as statutory sales tax. Delivery time is 1-2 business days, unless otherwise stated in the offer. Additional charges may apply for the use of different payment methods. We will inform you about the shipping costs on our website and during the ordering process. Delivery is made via standard parcel services such as DHL and/or DPD. Larger packages are delivered by a freight forwarder. If delivered by a freight forwarder, delivery is currently made to the curb. If not all ordered products are in stock, the order will only be shipped once all items are in stock. If the ordered product is not available because Tobi GmbH&Co.KG is behind schedule with production, Tobi GmbH&Co.KG may withdraw from the contract. Any payment you have already made will be refunded immediately. Please note that due to the size of the packages, delivery to a Packstation is not possible.

3. Conclusion of Contract, Contract Language
The presentation of the items does not constitute a legally binding offer, but rather an invitation to the customer to submit a binding offer to us. You can review your entries again on our order page. By clicking the "Buy" button, you complete the order process. This completes the order process. You have then placed a binding order. You can cancel the process at any time by closing the browser window. Further information, such as options for making corrections, will be provided on the individual pages. After your order has been received in our online shop, you will automatically receive an email documenting your order (order confirmation). This does not constitute a contract. A valid contract between you and us is only concluded when we accept the offer by email or by delivering the goods within five days.
Depending on the payment method chosen, a binding contract can be concluded beforehand as follows:
- If you have chosen credit card payment (PayPal checkout), the contract is concluded at the time your credit card is charged.
- If you have chosen PayPal payment, the contract is concluded at the time you confirm the payment instruction to PayPal.
- If you have chosen advance payment, the contract is concluded upon receipt of the order confirmation.
The contract is concluded exclusively in German. We only enter into contracts with customers who are 18 years of age or older. Items are only sold in household quantities.

4. Payment
Payment for goods can be made either in advance via PayPal or via PayPal Checkout. Tobi GmbH&Co.KG reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or checks is not possible. If paying in advance, please transfer the full invoice amount to our account within 7 days of receiving your order, stating the intended purpose. The items in your order will be reserved for you until then. Please understand that we will unfortunately have to cancel your order if we have not received payment from you by this time. To ensure timely receipt of payment by Tobi GmbH&Co.KG, please allow up to three business days for your transfer.
Should you default on payment, we reserve the right to charge a reminder fee of €2.50 and, if applicable, a collection fee of €2.50. We reserve the right to assert further claims (e.g., reimbursement of legal costs). If you default on more than one payment,
All claims against you by TTobi GmbH&Co.KG become due immediately. You will receive the invoice by email. The invoice will not be sent to you by post.

5. Right of Withdrawal
Consumers have a right of withdrawal. Please note that Tobi GmbH&Co.KG only accepts returns of products purchased through our website babybay.de. The respective retailer is responsible for products purchased from other outlets.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must inform us (Tobi GmbH&Co.KG, Wildmoos 2, 82266 Inning am Ammersee, Germany, Fax: +49 8143-99949-199, Email: info@babybay.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use our sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation - Germany/Austria
If you cancel this contract, we will refund all payments we have received from you, excluding delivery costs (except for additional costs) resulting from your choice of a delivery method other than the one offered by us (the cheapest standard delivery), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will we charge you any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notified us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period
The return or exchange of goods (from Germany and Austria) is free of charge if the value of the returned goods exceeds €40.00 and you use the free return slip sent by us. For returned goods valued up to €40.00, you will not receive a free return slip from us and are responsible for the return shipment yourself. We will refuse to accept returns that are not postage paid.
You are only liable for any loss of value of the goods if this loss of value is due to handling that is not necessary to check the quality, properties, and functioning of the goods. To prevent damage to the goods during return shipment, always use the original packaging materials if possible.
Consequences of Cancellation - Other Countries
If you cancel this contract, we will refund all payments we have received from you, excluding delivery costs, promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was
expressly agreed with you; in rare cases, fees may be charged for this refund. We may refuse to refund until we have received the goods back free of charge or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us at your own expense promptly and in any event no later than fourteen days from the date on which you notified us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
We will refuse to accept returns that are not prepaid.
You only have to pay for any loss of value of the goods if this loss of value is due to handling by you that is not necessary to check the quality, properties and functioning of the goods. To prevent damage to the goods when returning them, always use the original packaging if possible.
Packaging materials.
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the delivery of goods that are subject to rapid perishability or whose expiration date would be quickly exceeded,
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery,
- Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery,
-Contracts for the delivery of newspapers, magazines, or illustrated magazines, with the exception of subscription contracts.

6. Warranty Conditions
The statutory warranty rights apply.

7. Vouchers and Voucher Codes
Vouchers (codes) issued by Tobi GmbH & Co. KG (babybay.de) are valid for a maximum of one year from the date the voucher (code) was issued. The voucher value cannot be paid out in cash and will not be refunded if the voucher (code) is lost. There is no right to exchange it for another voucher. The voucher code must always be redeemed in the shopping cart on our website. If the voucher code does not work within one year, please contact our support team. Email: support@babybay.de

8. Retention of Title
The goods remain the property of Tobi GmbH & Co. KG until full payment has been made.

9. Data Protection
Personal data will be treated confidentially. We will always comply with legal regulations (e.g., the Federal Data Protection Act) when processing and using your personal data. Your personal data, which we require to establish/conduct and process business transactions (this includes, among other things, orders, order inquiries, etc.), will be stored and processed by us and transmitted to third parties (logistics providers) as part of the order processing. We collect and use data for our own marketing purposes in accordance with legal regulations. For further information, please refer to our privacy policy.
Right 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, Germany, Fax: +49 8143 99949-199, Email: info@babybay.de. If you would like information about your stored data, please contact the above-mentioned contact by phone, mail, or email.

10. Dispute Resolution Procedure
The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr/
Tobi GmbH&Co.KG is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
If you have any questions in this regard, please contact us at info@babybay.de.

11. Choice of Law & Place of Jurisdiction
The contractual relationship between the provider and the customer is governed by the laws of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has their 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
Wildmoos 2
82266 Inning am Ammersee
Fax +49 8143 99949199
info@babybay.de
Personally liable partner:
Tobi Verwaltungs GmbH, Inning, HRA 151071
VAT ID No. DE233826453
Authorized Managing Director:
Christian Pihale, HRA 83524, Munich District Court
Person responsible for content according to Section 6 of the German Media Services Agreement (MDStV):
Christian Pihale (address as above)

As of: January 2022