1. Scope of Validity
The following terms and conditions regulate any contracts entered into with us (babymarkt.de GmbH) on the basis of offers made on the websites of our online-shop www.babymarkt.cn (babymarkt.de GmbH, Wulfshofstraße 22, 44149 Dortmund, Germany, managing directors Bastian Siebers (chairman), Sven Bogatzki, Bastian Salewsky, Roland Zacharias, commercial register District court of Dortmund, HRB 9168). A consumer is any natural person that concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent activity. Entrepreneur is any natural or legal person or any partnership with legal rights that, at the time the agreement is concluded, is exercising its commercial or independent professional activity.
2. Prices, Shipping Costs, Delivery
Orders placed with our online shop are subject to the prices listed at the time at which the order is placed. The prices stated are final prices in RMB. The prices at product detail page is the selling price excluded sales tax and customs. The customs are explicitly shown as additional information on product page. The final prices in checkout include all price components, sales tax and customs. Additional costs/fees connected to individual modes of payment are indicated clearly during the ordering process. Furthermore, shipping cost may be charged. We exclusively deliver to the People’s Republic of China (excluding Taiwan and the special administrative regions Hong Kong and Macao). The final amount due is indicated clearly during the checkout process on babymarkt.cn and in the invoice. Information regarding these costs is provided on our website and during the order transaction. The delivery time to China is approximately 7-14 days, unless otherwise stated.
3. Conclusion of Contract, Contractual Language
The presentation of products is not a legally binding offer, but is an invitation for customer in order to make a binding offer. In the website page for ordering, you can recheck your input data. By clicking the button ‘Submit Order’, the purchase process ends. In this case, you have issued a binding offer. This process can be interrupted by closing the browser window. On each page, you will receive further information, for example opportunities for correction. After successfully ordering online, you will receive an automatic confirmation E-Mail or SMS that documents your order in written form. A contract is not valid yet. A valid contract between customer and babymarkt is only concluded when babymarkt sends out the invoice by E-Mail or SMS or when babymarkt send out products.
A binding contract is completed in the following situation, depending on the selected payment:
• If you choose Alipay.com Co. Ltd. as payment method, the contract is completed when customer receives a confirmation of money order
Every customer’s purchase is subjected to Chinese Customs Regulation: 2.000 RMB per order and 20.000 RMB per person per year.
The contract is exclusively in English language. We only conclude contracts with clients who are at least 18 years old. Products can be submitted only in small amount equivalent to a reasonable consumer’s purchase. If there is free product in the order, the ownership of the free product has been completely transferred only when there is no withdrawal of your purchased products and the date for product withdrawal is expired. If the purchased product has been withdrawn, the free product should be returned back to babymarkt. You can review the Terms and Conditions on babymarkt online shop website https://www.babymarkt.cn/Index/About/register.html#protocol.
You can only choose Alipay.com Co. Ltd. as your payment method. Cash or cheques sent via mail cannot be accepted. babymarkt.de GmbH does not assume any liability in case of loss or damage.
On principle, payment may also be made by redeeming coupons. In each order, only one coupon may be used. To redeem coupons, please enter the coupon code while placing the order. Expired coupons cannot be redeemed. The coupon is not re-issued if an order is cancelled. With returned orders/goods, only the amount paid for the goods returned is reimbursed, excluding the value of the coupon. The used coupon is not issued anew. Irrespective of your chosen mode of payment, you receive an invoice via e-mail . The overview of your order provided at babymarkt.cn is not an invoice. Invoices are not sent by letter.
5. Redeeming promotion coupons
You can receive promotion codes for our online shop during promotion campaigns in the shop, via e-mail, SMS or as a coupon.
Only one coupon can be redeemed per order. Coupons cannot be paid cash. A promotion coupon cannot be combined with another promotion. Coupons are only valid to reduce the price of the goods and cannot be applied for shipping costs or other fees. The validity of our coupons may be restricted to certain products, manufacturers, brands or product categories. After a coupon expires or after an order has been placed, the coupon can no longer be redeemed. Coupons are only valid during the indicated promotion period. The coupon will not be refunded if the goods are returned partly or in total. If you used a coupon upon ordering, babymarkt.de reserves the right to charge you with the original price of the goods you keep, if the total order amount falls under the value of the respective coupon because of your withdrawal.
6. Cancellation Right
Consumers have a Cancellation Right.
You have the right to cancel this contract within 7 days without giving any reason. The cancellation period will expire after 7 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 lot or piece. To exercise the Cancellation Right, you must inform us (babymarkt.de GmbH, Wulfshofstraße 22, 44149 Dortmund, Germany, Hotline: 0049231-53471293, Fax: 0049231-53471110, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached Model Cancellation Form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, except the return charges. If you want to cancel this contract you have to bear the full return charges.
We will make the reimbursement without undue delay, and no later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods. We will make the 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 the 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 earliest.
You shall send back the goods without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before their period of 7 days has expired.
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.
Model – Cancellation Form
(If you want to cancel the purchase contract, please fill the below form completely and send it back to us.)
To babymarkt.de GmbH, Wulfshofstraße 22, 44149 Dortmund, Germany, Telefax number: 0049231-53471110, E-Mail: email@example.com
• I/We (*) give notice that I/me (*) cancel my/our contract of sale of the following goods (*)
• Ordered on (*) / received on (*)
• Name of consumer (s)
• Address of consumer (s)
• Signature of consumer (s) (only of this form is notified onpaper)
• (*) Delete as appropriate.
Exclusion of the right of Cancellation
The right of Cancellation does not apply to the following contracts:
contracts for delivery of goods, which are not prefabricated and that are clearly manufactured to customer specifications,
contracts for delivery of goods, which perish quickly or which would quickly pass their expiry date,
contracts for delivery of sealed goods, which may not be returned due to regulations of health or hygiene if the seal has been removed after delivery,
contracts for delivery of goods, if they were inseparably mixed with other goods due to their texture after delivery,
contracts for delivery of audio or video recordings or video records and computer software in a sealed package, if the sealing was removed after delivery, contracts for delivery of newspapers or magazines, excluding subscriptions. Entrepreneurs are not entitled to cancel contracts.
7. Warranty Rights
The legal warranty rights shall be valid.
8. Reservation of Title
Until the goods have been paid in full, they remain property of babymarkt.de GmbH.
Right to Withdraw
You can revoke the use, processing and transmission of your data for marketing purposes any time by submitting a note to the following address: babymarkt.de GmbH, Wulfshofstr. 22, 44149 Dortmund, Germany, Tel. +49(0)231/53471293, Fax: +49(0)231/53471110, E-Mail: firstname.lastname@example.org. If you would like to inquire about your stored data, please contact us by phone, mail or e-mail.
10. Customs clearance authorization
With ordering at babymarkt.cn the customer grants to the transport service provider the customs clearance authorization. By inserting the personal identification number at the checkout and after confirming the order, babymarkt.de is authorized to transmit the information to the transport service provider. With this transmission the transport service provider is authorized to register the customer’s order at the official Chinese customs office.
11. Applicable law and Dispute Resolution
These general terms and conditions are governed by the laws of the People’s Republic of China, [to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods].
Any disputes arising out of our in connection with these terms and conditions or over their validity shall be resolved through friendly consultation. If no agreement can be reached within 30 (thirty) days after the dispute has arisen, the dispute shall, to the exclusion of the ordinary courts of law, only be submitted for arbitration to Swiss Chambers’ Arbitration Institution (“SCAI”), and shall be decided according to the arbitration rules of SCAI effective on the date of submitting the request for arbitration. The place of arbitration shall be Zurich, Switzerland. All arbitration proceedings shall be conducted in the English language.
Managing directors: Bastian Siebers(chairman), Sven Bogatzki, Bastian Salewsky, Roland Zacharias
Wulfshofstrasse 22 - Indupark
44149 Dortmund, Germany
Tel.: +49 (0)231 - 5347 1293
Fax: +49 (0)231 - 5347 1110
(working day: Monday-Friday 8:00am to 5:00pm, Beijing Time, GMT+02:00)
USt-Ident.Nr.: DE 811377710
Commercial register: HRB 9168
District court of Dortmund
Valid as of: September 2019