Terms of service
This is a translation of the German General Terms and Conditions. In case of any differences caused by the translation, the German version shall prevail.
General Terms and Conditions
Table of contents
1. Scope
2. Contracting party, conclusion of contract, correction options
3. Contract language, storage of contract text
4. Delivery conditions
5. Payment
6. Right of withdrawal
7. Retention of title
8. Transport damage
9. Warranty and guarantees
10. Liability
11. Dispute resolution
12. Protection of minors
13. Final provisions
1. Scope
These General Terms and Conditions apply to all orders placed through our online shop by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is a natural or legal person, or a partnership with legal capacity, who enters into a legal transaction in the course of their trade, business or profession. For businesses, the following applies: if the business uses conflicting or supplementary general terms and conditions, we hereby object to their applicability. They only become part of the contract if we have expressly agreed to this.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Baby Kids B.V.
The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after submitting the order. We accept your offer within two days by either sending an acceptance confirmation in a separate email, dispatching the goods, or, where applicable, having the payment transaction processed by our service provider or the selected payment service provider. The time at which the payment transaction is processed depends on the selected payment method, as described under “Payment”. The relevant alternative for you depends on which of the listed events occurs first.
3. Contract language, storage of contract text
The languages available for concluding the contract are: German, English and Dutch.
We do not store the contract text.
4. Delivery conditions
Shipping costs may be added to the stated product prices. More detailed information about any applicable shipping costs can be found with the offers.
We ship the products to the delivery address provided during the ordering process.
We only deliver by shipping. Collection of the goods in person is unfortunately not possible.
We do not deliver to parcel lockers.
5. Payment
The following payment methods are generally available in our shop:
Credit card: when placing your order, you provide your credit card details.
Your card will be charged immediately after placing the order.
PayPal, PayPal Express: to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, log in with your access details and confirm the payment instruction.
The payment transaction is processed by PayPal immediately after placing the order. Further information is provided during the ordering process.
PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment options in their customer account. However, we have no influence on the availability of these options. Any individually offered additional payment options relate to your legal relationship with PayPal. Further information can be found in your PayPal account.
Sofort by Klarna: to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account enabled for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. Further information is provided during the ordering process.
Klarna: in cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and during the ordering process.
Purchase on invoice via Klarna: the invoice amount is due 30 days after dispatch of the goods and receipt of the invoice. Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options in their customer account. However, we have no influence on the availability of these options. Any individually offered additional payment options relate to your legal relationship with Klarna. Further information can be found in your Klarna account.
Klarna direct debit: you grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be charged, known as prenotification. Your account will be charged after dispatch of the goods.
Payment processing is carried out by Amazon. You can pay the invoice amount by credit card or direct debit. On the Amazon.de domain, Amazon additionally offers the payment methods monthly invoice, financing, iDeal, Przelewy24, BLIK and Bancontact for marketplace items and items marked “Fulfilled by Amazon”. For direct debit, monthly invoice in cooperation with Riverty Group GmbH and financing in cooperation with Barclays Bank Ireland PLC Hamburg Branch (“Barclays”), payment is made after dispatch of the goods. For credit card, iDeal, Przelewy24, BLIK and Bancontact, the amount is charged immediately after completing the order. Monthly invoice and financing require a successful address and credit check. Financing also requires a one-time registration with Barclays. For iDeal, you need a Dutch bank account. For Bancontact, you need a Belgian bank account. For Przelewy24 or BLIK, you need a Polish bank account. Amazon forwards the payment to us without us receiving your payment details. Further information can be found on the Amazon.de Marketplace help pages and in your account under “Your Payments”.
For businesses, the special terms and conditions for Amazon Business apply to purchases on invoice.
6. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the withdrawal policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been received.
For businesses, the following also applies: we retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business. You hereby assign to us in advance all claims arising from such resale, regardless of whether the goods subject to retention of title are combined or mixed with a new item, up to the invoice amount. We accept this assignment. You remain authorised to collect the claims. However, we may also collect the claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
For consumers, the following applies: if goods are delivered with obvious transport damage, please report such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims or their enforcement, especially your warranty rights. However, you help us assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitations and shortened time limits below do not apply to claims based on damage caused by us, our legal representatives or agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of fraudulent concealment, in the event of breach of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, in the context of a guarantee promise where agreed, or where the scope of the Product Liability Act applies.
Limitations for businesses: for businesses, only our own information and the manufacturer’s product descriptions included in the contract are deemed to constitute an agreement on the quality of the goods. We accept no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code remain unaffected. Among merchants, the inspection and notification obligations regulated in Section 377 of the German Commercial Code apply. If you fail to provide the notification required there, the goods shall be deemed approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information about any additional guarantees and their exact conditions can be found with the respective product and on special information pages in the online shop.
Customer service: for questions or complaints, please contact our customer service on working days at service@emulait.store. We usually respond within 48 hours on working days. You can also contact us by phone on 039-292929989 between 09:00 and 14:00. If you contact us about an item you have already purchased, please have your proof of purchase ready.
10. Liability
We are always fully liable for claims based on damage caused by us, our legal representatives or agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises where agreed, or where the scope of the Product Liability Act applies. In the event of a slightly negligent breach of essential contractual obligations, whose fulfilment is necessary for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, by us, our legal representatives or agents, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. All other claims for damages are excluded.
11. Dispute resolution
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we ensure through a reliable procedure involving personal identity and age verification that the customer has reached the required minimum age. The delivery person will only hand over the goods after age verification and only to the customer personally.
13. Final provisions
If you are a business, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
