General Terms and Conditions of Sale.
Scope.
These terms and conditions apply to all purchases made by private customers with ‘The Baby Goat’, belonging to The Baby Goat House UG [www.thebabygoat.de/legal/Impressum].
Private customers in this sense are persons domiciled and delivered in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are asked to place orders via direct contact with The Baby Goat through the contact details provided on our Contact Us page.
Prices and shipping costs.
The stated prices are final prices incl. VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods ordered by you. You can find out more about the details at www.thebabygoat.de/legal/shipping-delivery. We shall bear the regular costs of the return shipment, which arise in the event of a return of the goods by you in the exercise of your right of withdrawal (www.thebabygoat.de/legal/withdrawals). If you exercise your right of withdrawal, we will also refund you the shipping costs.
Payment.
Payment is made on delivery by means of:
- Apple Pay
- Google Pay
- EC / Debit / Credit card
- PayPal
Late payment.
If you are in default of payment, The Baby Goat House UG is entitled to demand default interest of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of the order. If The Baby Goat House UG has a proven result of higher damage caused by delay, The Baby Goat House UG is entitled to assert it.
Retention.
The customer is only entitled to exercise a right of retention to the extent that his counter claim is based on the same contractual relationship.
Delivery.
1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
- EU*
2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, The Baby Goat House UG's obligation to perform is excluded. Amounts already paid will be refunded immediately by The Baby Goat House UG.
3) The Baby Goat House UG may also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded immediately by The Baby Goat House UG.
4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. The Baby Goat House UG expressly points out that these goods are not carried into the house.
5) Coupons and Vouchers will be delivered by Garage Brewing UG either via E-Mail or Post. A collection option will also be provided to the Customer.
*EU Countries in scope:
Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Hungary, Italy, Luxembourg, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
Consideration for shipping of returns.
1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged by an opening for the functional test.
2) Please use the fully stamped and addressed return label attached to the delivery of the goods for the return. This is the easiest and most cost-effective way to ship. It has no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheap shipping method.
Rights of defects.
1) A defective product (warranty claim) will be replaced by The Baby Goat House UG at the customer's discretion by a defect-free replacement or professional repair (subsequent performance) at the customer's expense. The customer is informed that there is no warranty claim if the product had the agreed quality at the time of the transfer of risk. Warranty does not apply, in particular in the following cases:
- in the event of damage caused to the customer by misuse or improper use;
- in the event of damage caused by exposure to harmful external influences on the part of the customer (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
2) The Baby Goat House UG also makes no representations for an error caused by improper repair by a service partner not authorized by the manufacturer.
3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the respective other type of subsequent performance. The right of Garage Brewing UG to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
4) Both in the event of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address indicated by The Baby Goat House UG at the expense of The Baby Goat House UG, stating the order number. Before submitting, the customer must remove items inserted by him from the product. The Baby Goat House UG is not obliged to inspect the product for the installation of such objects. The Baby Goat House UG shall not be liable for the loss of such items, unless it was readily apparent at the time of the return of the The Baby Goat House UG product that such an item has been inserted into the product (in this case, The Baby Goat House UG informs the customer and holds the item ready for collection by the customer; the customer bears the costs incurred). The customer must also, before sending in a product for repair or replacement, make separate backup copies of the system software on the product, the applications and all data on a separate data carrier and disable all passwords. Liability for data loss is not assumed. It is also the responsibility of the customer, after the repaired product or replacement product has been returned, to install the software and data and to reactivate the passwords.
5) If the customer submits the goods in order to receive an exchange product, the return of the defective product shall be based on the following proviso: If the customer was able to use the goods between delivery and return in defect-free condition, the customer must refund the value of the uses drawn by him. The customer shall compensate for the loss or further deterioration of the goods in the period between delivery of the goods and the return of the goods for the non-loss of the goods or for the impossibility of returning the goods, which did not occur as a matter of defect due to the defect. The customer has no compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to replace value also applies for the return of a defective product in the event of a warranty,
- if the defect entitling the customer to withdraw from the contract only became apparent shown during the processing or redesign;
- if The Baby Goat House UG is responsible for the deterioration or loss or if the damage would also have occurred at The Baby Goat House UG;
- if the deterioration or loss has occurred at the customer's premises, although the customer has exercised the care he is accustomed to exercising in his own affairs.
6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
8) In addition, there may also be claims against the manufacturer under a warranty granted by the latter, which are governed by the relevant warranty conditions.
9) The legal warranty of The Baby Goat House UG ends two years from delivery of the goods. The period begins with the receipt of the goods.
Liability.
1) In the event of slight negligence, The Baby Goat House UG shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. The Baby Goat House UG is not liable for other damages caused by slight negligence due to a defect of the object of purchase.
2) Irrespective of any fault on the part of The Baby Goat House UG, any liability on the part of The Baby Goat House UG in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by The Baby Goat House UG.
3) The Baby Goat House UG is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even if the delivery had been made on time.
4) The personal liability of the legal representatives, vicarious agents and employees of The Baby Goat House UG for damages caused by them due to slight negligence is excluded.
Applicable law.
The contract concluded between you and The Baby Goat House UG shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Jurisdiction.
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the Federal Republic of Germany.
Minors.
If goods are purchased that are subject to the protection of minors, appropriate age verification will be carried out to verify the identity and age of the buyer. An age check of the delivery recipient is the responsibility of the delivery service provider. Should delivery not be possible due to their being no suitably-aged individual to receive the package, the failure of the delivery is the fault of the buyer.
Dispute resolution.
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions.
1) Should individual provisions of this contract be or become ineffective or void in whole or in part, this shall not affect the validity of the remaining contract, insofar as a contractual partner is not unduly disadvantaged by this.
2) Amendments or additions to this contract must be made in writing.