General Terms and Conditions Online-Shop of Britax Römer Kindersicherheit GmbH

BRITAX RÖMER Kindersicherheit GmbH
Commercial Register No. HRB 17004, District Court Memmingen
Registered office: Theodor-Heuss-Straße 9 89340 Leipheim, Federal Republic of Germany
Telephone: +49 (0) 8221-3670-0
Email: hello@britax-roemer.com
Intra-community VAT ID No. DE 811201308

1. Applicability, Contract Language

1.1 The following General Terms and Conditions Online-Shop (“GTC”) apply to all contracts concluded between you and us, the company Britax Römer Kindersicherheit GmbH, via this online shop.

1.2 The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

1.3 The GTC are available via our website storable and printable.

1.4 We reserve the right to adapt and modify these GTC from time to time. However, the GTC applicable to your purchase are the one in force at the time you place your order.

2. Applicable Law, Mandatory Consumer Protection Regulations

2.1 The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if:

a) your habitual residence is in Germany, or

b) your habitual residence is situated in a state not being member of the European Union.

2.2 In the event that your habitual residence is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

3. Conclusion of contract

3.1 Products are subject to availability at the time of your order. The presentation of the products and services in our online shop does not constitute a legally binding offer from our part, but merely an invitation to place orders (invitatio ad offerendum).

3.2 By clicking “Order with obligation to pay” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation at the e-mail address you provided when you placed your order, which however does not yet constitute the acceptance of your contract offer. We reserve the right to refuse your order if the product and/or service you ordered is unavailable or if we have a current dispute concerning the payment of a previous order or an objective suspicion of fraud.

A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate mail within five days or dispatch the goods. Please regularly check the spam folder of your mailbox.

3.3 In our online shop, you can select products and/or services by placing them in the shopping cart via a click on the respective button.

3.4 To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process.

3.5 Following the product selection in the shopping cart and the specification of all required information in the subsequent step, which accuracy is your sole responsibility, you can click “Next” to access a page that summarises the order details, including the price and the shipping costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the “Order with obligation to pay” to button, you place a binding order in the meaning of subsection 3.2.

4. Information on Adjustments

4.1 To place an order, start by placing the desired goods and/or services in the shopping cart. At this stage you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the button “Next”, you will get first to a website where you are required to enter your personal information, which are necessary for the processing of your order and then choose the shipping and payment method.

4.2 You can review your input on the overview page that will open up. To correct possible input errors (e.g. with respect to the payment method, data or quantity), click “Edit” next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of section 3 subsection 3.2 of these GTC.

5. Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered including these GTC and the information on the right of withdrawal by mail in storable and printable format upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you unless required to do so by law.

6. Collecting, saving and processing of your personal data<

6.1 We process the following personal data when you place an online order on our website:

(i) your first and family name;

(ii) your e-mail address;

(iii) your postal address;

(iv) your phone number;

(v) your payment methods data.

6.2 In our online shop, you may order goods or services as a guest and fill your data every time you place an order or create a customer account. With a customer account you may log on to your customer account with your e-mail address and your password before or during the order process. This way, you do not have to enter your personal data every time you process an order.

6.3 To open a customer account you have to provide us with the data mentioned in subsection 6.1 as well as a password chosen by you.

6.4 Without your further consent, we will use the data mentioned in subsection 6.1 only in order to process your orders, in particular for delivery to your address. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, will take place only with your explicit consent or if permitted by law without consent. You have the possibility to give your consent before placing your order. This declaration of consent is given voluntarily and can be accessed and revoked any time by you on our website.

6.5 Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we save your data for a period of no more than 1 year according to our legal obligations under applicable law.

6.6 If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under “My account” after the log in.

6.7. For more detailed information concerning the way we process your personal data, you should read carefully our Data Privacy Statement which is accessible on our website by clicking on the following link

7. Prices, Payment Conditions and Shipment Costs

7.1 The prices indicated by us in the online shop include the statutory value-added tax as well as other price components.

7.2 The shipment costs are communicated to you clearly in the product description and in the order overview and are billed separately.

7.3 In a delivery to a no-EU country you will have to bear all additional import and export costs, as well as all duties, taxes and fees.

7.4 The purchase price is due immediately after conclusion of the contract. The payment of the goods can be made via credit card, via bank transfer or via our payment provider, Adyen B.V.

8. Retention of Title

The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.

9. Delivery Conditions

9.1 We deliver the goods pursuant to the agreements made. The delivery of the goods can be made only in the countries listed in the order process pages.

9.2 The delivery time may be up to 3 days. Differing delivery times are displayed in the product details. In any case, the delivery time cannot exceed thirty (30) days as from the date of your order.

We cannot be liable for the late delivery caused by a force majeure event (which is defined below at section 13).

If the maximum delivery time is exceeded and is not justified by a Force Majeure Event (as defined below) and after having asked us in writing to deliver your products within an additional reasonable period of time your ordered products are still not delivered, you may request in writing the cancellation of your order. You will receive a complete refund of your order within a maximum period of fourteen (14) days from the date you terminated the contract.

Delivery operates at the time of the transfer of the product’s physical possession. The risk of lost or deterioration of the products are transferred to you at this moment.

9.3 Should not all products ordered be in stock, we will inform you as soon as possible by e-mail. We reserve the right of several partial deliveries on our expenses, as far as this will be reasonable for you.

9.4 The delivery is made to the delivery address you indicated when you placed your order. Therefore, you must make sure that you provided accurate and complete information concerning the delivery address. Should the delivery of the product fail due to your fault, despite threefold delivering attempt, we are authorized to withdraw from the contract. Payments already made by customer will be refunded after deduction of incurred costs for the unsuccessful attempts to deliver.

9.5 In case the product ordered is not available, because we have not been supplied with the product by our distributor without our personal negligence, we may withdraw from the contract. In this event, we will inform you without delay and, where appropriate, propose the delivery of a comparable product to you. If there is no comparable product available, or you do not want, that we supply a comparable product, we will, if necessary, refund payments already made.

10. Right of Withdrawal

As a consumer (who is a natural person who enters into a legal transaction for non-professional purposes) you have in accordance with the rules described in the attachment below a right of withdrawal for a fourteen-day-period as from the delivery date.

The detailed information concerning your right of withdrawal are provided in the Annex below.

11. Warranty

11.1 We are held liable for any lack of conformity of the good with the contract under articles L.217-4 et seq. of the French Consumer Code, and for any defect in the good purchased in our online shop under articles 1641 et seq. of the French Civil Code.

11.2 When using the legal warranty of conformity, you:

  • are granted a 2-year period as of the delivery of the good to use this warranty;
  • can choose between the repair of the product or the delivery of a flawless product, subject to the cost conditions set forth in article L.217-9 of the French Consumer Code;
  • do not have to provide evidence of the lack of conformity of the product within 24 months following the delivery of the product, unless it is a second-hand product.

This legal warranty of conformity applies irrespective of any commercial warranty also provided by us.

You can also use the warranty against defects in the product, under articles 1641 et seq. of the French Civil Code, and thus choose between termination of the contract or reduction of the selling price.

In the context of the warranty of conformity, if the repair of the product or the delivery of a flawless product turns out to be impossible, you can give the product back in exchange for the selling price or keep the product in exchange for a part of the selling price.

11.3 Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold. Such guarantees can be found separately on the respective product description.

12. Liability and Limitation of Liability

12.1 We are without limitation liable for intent and gross negligence.

12.2 We are liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly (material duty). In this case, we are only liable for the foreseeable, typical contractual damage.

12.3 The abovementioned exclusions of liability do not apply in case of damage of life, body and health or in the case of malicious non-disclosure of a fault. The liability pursuant to the product liability law remains unaffected.

12.4 Based on the current state of art, data communication via internet cannot be guaranteed to be error free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.

12.5 We shall only be liable for our own content in the online shop. To the extent that we provide links for the access to other websites, we are not responsible for the information at these external websites and do not adopt them as our own. Should we become aware of unlawful content on external websites, we will remove the link from our website immediately.

13. Force majeure

13.1 We are not liable for any delay or non-performance of our obligations relating to our contract if such failure or delay results from any circumstance or event beyond our reasonable control (a "Force Majeure Event") including but not limited to total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.

13.2 We will notify you of a Force Majeure Event within 5 working days of its occurrence and shall be relieved of our obligations to you until the applicable Force Majeure Event is over.

13.3 If the Force Majeure Event affecting us continues for over thirty (30) days, both parties shall be excused from their contractual obligations towards each other and where appropriate we will refund you at the earliest opportunity.

14. Final Provisions

14.1 These GTC are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the contract.

14.2 IN THE EVENT OF A DISPUTE BETWEEN YOU AND US ARISING FROM THE VALIDITY, INTERPRETATION, PERFORMANCE OR NON-PERFORMANCE, DISCONTINUATION OR TERMINATION OF THESE TERMS AND CONDITIONS, AND UPON FAILURE TO REACH AN AMICABLE SETTLEMENT, YOU MAY CONTACT THE CENTRE EUROPEEN DES CONSOMMATEURS FRANCE WHICH WILL HELP YOU BRING THE DISPUTE, FREE OF CHARGE BEFORE THE COMPETENT OMBUDSMAN IN GERMANY (http://www.europe-consommateurs.eu/fr/resoudre-votre-probleme/nous-contacter/).

YOU MAY ALSO CONTACT THE PLATFORM FOR AMICABLE SOLUTIONS AS PER EUROPEAN COMMISSION AVAILABLE AT: http://ec.europa.eu/consumers/odr/.

FAILING THAT OR IN THE EVENT OF THE CONTINUATION OF THE DISPUTE BETWEEN YOU AND US, THE DISPUTE SHALL BE BROUGHT BEFORE THE COURT IN THE LOCATION OF YOUR RESIDENCE, PROVIDED THAT YOU MAY ALSO BRING THE MATTER BEFORE THE COURT IN THE LOCATION OF OUR RESIDENCE.

14.3 Should individual provisions of this contract be invalid this shall not affect the validity of this contract as a whole.

Annex

Consumer information and instruction on withdrawal. If you order goods in our online shop, we would like to draw your attention to the following:

(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

(2) You will find the essential characteristics of the goods and services offered by us as well as the validity of limited offers in the individual product specifications within the scope of our internet offering.

(3) The presentation of our goods does not represent a binding offer on our side. Only your order of the goods is regarded as a binding offer. In case of the acceptance of such an order, we will send you an order confirmation via mail or we dispatch the good. This way, a purchasing contract between you and us is concluded.

(4) Any input errors when ordering can be seen in the confirmation before the check-out and with the delete- and change function you can correct your order at any time before sending it.

(5) If the goods ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.

(6) The prices indicated by us are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview.

(7) The purchase price is due immediately after conclusion of the agreement. The payment of the goods can be made via credit card, via bank transfer or via our payment provider Adyen B.V.

(8) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.

Our e-mail address is: hello@britax-roemer.com.

(9) Any information and data needed for servicing the contract concluded with you, will be stored by us with permanent access for you. We refer to our GTC and the stipulations regarding data protection therein.

(10) In addition, we refer to our GTC. Britax Römer Kindersicherheit GmbH Theodor-Heuss-Straße 9, 89340 Leipheim, Federal Republic of Germany Commercial Register No. HRB 17004, District Court Memmingen Intra-community VAT ID No. DE 811201308 represented by the managing directors Erwin Wieffering and Sebastien Schaeffer.

(11) You have a right of withdrawal according to the following information:

INFORMATION ON THE RIGHT OF WITHDRAWAL RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. If the withdrawal period expires on a Saturday, Sunday or public holiday, it shall be extended until the first following working day.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (a letter sent by post, fax or email) at: Britax Römer Kindersicherheit GmbH, Theodor-Heuss-Straße 9, 89340 Leipheim, Federal Republic of Germany or +49 (0) 8221-3670-21 or hello@britax-roemer.com. You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us, to: Britax Römer Kindersicherheit GmbH, Theodor-Heuss-Straße 9, 89340 Leipheim, Federal Republic of Germany. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

ADDITIONAL INSTRUCTIONS

Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.

TEMPLATE OF WITHDRAWAL FORM:

VERY IMPORTANT: This form must be completed with your order number, signed and sent to the address indicated below no later than the fourteenth business day following the delivery date.

To the attention of

Britax Römer Kindersicherheit GmbH
Theodor-Heuss-Straße 9
89340 Leipheim
Federal Republic of Germany

Commercial Register No. HRB 17004, District Court Memmingen

Intra-community VAT ID No. DE 811201308

mail: hello@britax-roemer.com

 

I hereby give notice that I withdraw from my contract of sale of the following products:

Purchased on…………….(date of the order) and/or received on.................(delivery date)

Customer name: ………………………

Customer address: ……………………

Customer signature (only in case of notification of this form in hardcopy):

Date: