Terms & Condition
GENERAL TERMS AND CONDITIONS AND CLIENT INFORMATION
I. GENERAL TERMS AND CONDITIONS
Art. 1 Basic regulations
(1) The following terms and conditions apply to all contracts that you sign with us, the provider (Olymp & Olipa GmbH), via the website www.comfortbaby.de or www.comfortbaby.global. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is prohibited.
(2) For the purposes of the following provisions, a consumer is any individual who concludes a legal transaction for purposes which can primarily be attributed neither to commercial nor to self-employed professional activity. An entrepreneur is any individual or legal entity or a partnership with legal capacity which, when concluding a legal transaction, acts in the execution of its independent professional or commercial activity.
Art. 2 Conclusion of the contract
(1) The subject of the contract is the sale of products.
(2) As soon as you place the product on our website, we will be presenting you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The products intended for purchase are stored in the Shopping Cart. Using the corresponding button in the navigation bar, you can access the Shopping Cart and make changes there at any time.
After opening the Checkout page and entering your personal data as well as the payment and shipping conditions, the order will be placed. After placing your order, the vendor sends the customer an automatically generated e-mail confirming receipt of the order and listing its details (Order Confirmation E-mail). This Order Confirmation E-mail is not an acceptance of the customer's offer but only intended to inform the Client that the order has been received by the vendor.
If you use an instant payment system (such as PayPal/PayPal Express, Amazon-Payments, Postpay, Sofort, ApplePay, iDeal, Adyen Gateway or various others), you will be either directed to the order confirmation page in our online shop or to the website of the provider of the instant payment system.
If you are forwarded to the corresponding instant payment system, make the required selection or enter your data there. Finally, you will be redirected back to our online shop and there to the order confirmation page.
Before submitting your order, you have the opportunity to check all details again, to change them (also by using the Back function of the Internet browser) or to cancel your purchase.
By submitting the order using the Place Order button you legally commit to accepting the contract offer even though the contract is not yet concluded.
The contract shall be considered concluded as soon as the products have been received by the customer. Until then, the vendor (Olymp & Olipa GmbH, www.comfortbaby.de, www.comfortbaby.global) shall still be deemed exclusive owner of the products. The vendor reserves the right to withdraw from the offer at any time.
(4) Order processing and submission of all information concerning the conclusion of the contract is partly automated by e-mail. You shall therefore make sure that the e-mail address you have provided us with is correct and that the receipt of e-mails is technically warranted, including but not limited to bypassing any spam filters.
A confirmation of receipt or an order confirmation does not constitute acceptance of the contract offer. The vendor may accept the customer's offer by means of a written (letter) or electronic (fax or e-mail) confirmation of an order and/or offer and/or shipment within 10 working days or by delivery of the products. The vendor is entitled to refusing acceptance of the order for various reasons, e. g. negative credit rating of the customer.
Art. 3 Product quality, prices, payment, delivery, supplementary performance
(1) Images shown in the vendor's online shop may contain product images as well as other items (such as accessories and decorative elements) that are not part of the order/purchase contract. Only the product description applies to the essential features of the service to be provided.
(2) Insignificant colour and grain variations in wood and plastic surfaces which are deemed to be tolerable by the client are permissible.
(3) Paying the purchase price is due immediately upon conclusion of the contract resp. acceptance of the offer (with the exception of purchase on invoice, if offered). Delivery times stated in the order shall be understood as from the receipt of payment. We remind you that in case of prepayment or bank transfer, ordered products will be delivered only after the full amount has been credited to our account.
(4) A list of countries to which we currently ship products and potential shipping costs is available at: https://comfortbaby.global/de/versandkosten
(5) Note that some products from our portfolio cannot be shipped to all countries listed there. You will be notified of such delivery restrictions for individual products during the ordering process or you will receive a message following your order.
(6) In the case of delivery by a shipping company, e. g. for large, bulky items, delivery is to the kerbside. This means that the assigned transport company will deliver the product on the agreed delivery date to the kerbside, that is, in front of the given address. You will receive an e-mail with your shipment data to inform you about estimated delivery date, or the shipping company will contact the customer to make a delivery appointment. The customer is responsible for the transport into the house/apartment. In particular, the customer must ensure capacity to accept the ordered products on the agreed or by the shipping company mentioned delivery date either personally or through an authorised representative.
(7) If delivery of goods to the delivery address indicated by the customer is not possible or if the customer is not present at the agreed delivery date of ordered bulky goods or freight products, the assigned transport company will return the products to the vendor, in which case the customer shall bear the costs for the failed delivery. This does not apply if the customer is not responsible for the failed delivery attempt. The customer may explicitly prove that the vendor has suffered no or only minor damage. Otherwise, the statutory provisions on default of acceptance pursuant to Art. 293 et seq. BGB (GERMAN CIVIL CODE) apply.
(8) Delivery times are indicated on the relevant product page. The delivery time shall be extended appropriately in the event of adverse circumstances due to force majeure. This includes strikes, lock-outs, government intervention, energy and raw material shortages, transportation problems through no fault of our own, operational disruptions through no fault of our own, e. g. due to fire, water and machine damage, and all other disruptions which, from an objective point of view, were not caused by the vendor. The customer shall be informed immediately of the beginning and end of such disruptions. If in the aforementioned cases delivery is delayed for more than 2 weeks after the originally stated delivery times for the product affected, the customer shall be entitled to withdraw from the contract. Payments already made by the customer will be refunded within 10 calender days.
(9) Customary or minor deviations in quality, size, shape and/or colour are permissible within reasonable limits. Deviations between the colours displayed on the website and the actual colours of the goods, especially furniture, may occur due to the quality of display on your computer/mobile terminal.
(10) Note that in the case of products which are/have been delivered with obvious transport damage or defects, our customer service shall be informed without undue delay.
(11) Please note that we will only cover the shipping costs for returned goods from a minimum purchase value of € 100.00 within Germany if the cancellation has been received within the legal period. Return costs outside Germany and for goods delivered on pallets shall be borne by the customer.
(12) We recommend the use of felt pads for furniture and beds which, due to their multi-functionality, include elements that can cause signs of wear during use. Wear caused by the use of these elements does not give reason for complaint.
(13) If a customer complains about ordered products or a part of the order, such as wooden elements, the vendor undertakes to provide supplementary performance within the scope of the BGB (German Civil Code). The customer undertakes to send the faulty item first to the vendor before receiving replacement goods/elements.
(14) Bed linen/ textiles will be packed, sealed and marked with a hygiene seal. Already washed or used bed linen/ textiles cannot be returned and exchanged. We are entitled to check returned items and to charge for any loss in value caused by return shipment.
(15) Delivery will be performed by DHL, UPS and/or Dachser. If not all ordered products are in stock, we are entitled to partial delivery at our expense, as far as this is deemed reasonable for you. If the ordered product is not available because the vendor has not been provided with this product by its suppliers through no own fault, then the vendor may withdraw from the contract. In this case, the vendor will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, the vendor will refund any payments already made within 7-10 business days.
Art. 4 Special agreements on payment methods offered
(1) Credit assessment
If we pay in advance, e. g. by payment on account or direct debit, your data will be passed on to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany, for the purpose of credit assessment applying mathematical/statistical procedures in order to protect our legitimate interests. We reserve the right to deny you payment on account or direct debit as a result of the credit assessment.
(2) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna (http://www.klarna.com/), we offer purchase on invoice and payment by installments as a payment method. Please note that Klarna Invoice and Klarna Installment Purchase are only available for consumers and that the payment must be made to Klarna.
When purchasing on invoice with Klarna, you always get the product first and always have a payment deadline of 14 days. The complete terms and conditions for purchase on invoice are available here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0,00).
Klarna Installment Purchase
With Klarna's financing service you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (if higher than € 6.95). Further information on Klarna Installment Purchase including the general terms and conditions and the European Standard Information for Consumer Credit is available here: (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/account).
Klarna will check and evaluate your data and, if there is a legitimate interest and reason, will exchange data with other companies and credit agencies. Your personal data will be treated pursuant to applying data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf) and the Klarna Data Protection Regulations.
(3) Payment by invoice via Klarna Austria
In cooperation with Klarna, we offer purchase on invoice as a payment method.
- The payment deadline for Klarna Invoice is 14 days from the date of invoicing. The invoice will be issued when the products are dispatched and sent either by e-mail or attached to the products.
Payment shall be made to Klarna. Please note that Klarna Invoice is only available to consumers. Further information and Klarna's complete terms and conditions for purchase on invoice can be found here: (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_at/invoice?fee=0,00).
Klarna will check and evaluate your data and, if there is a legitimate interest and reason, will exchange data with other companies and credit agencies. Your personal data will be treated pursuant to applying data protection regulations and the Klarna Data Protection Regulations (http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy). For further information about Klarna visit www.klarna.at (http://www.klarna.at/). Klarna AB, company and corporation number: 556737-0431
(4) Payment via Klarna Checkout
In cooperation with Klarna we provide the following payment options. Payment shall be made to Klarna:
- Klarna Invoice: Payable within 14 days from date of invoicing. The invoice will be issued before the goods are dispatched and sent by e-mail. Invoicing conditions are available here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0). (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0)
- Klarna Installment Purchase: With Klarna's financing service you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (if higher than 6.95 EUR). Further information on Klarna Instalment Purchase including the general terms and conditions and the European Standard Information for Consumer Credit is available here: (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account).
- Immediate bank transfer
- Credit card (Visa/Mastercard)
(5) SEPA direct debit (basic and/or corporate direct debit)
When paying by SEPA basic direct debit or by SEPA corporate direct debit, you shall authorise us to debit the invoiced amount from the indicated account by issuing a corresponding SEPA mandate.
The direct debit will be collected in Germany within 2-5 days, for deliveries abroad within 2-5 days after conclusion of the contract.
The deadline for the submission of a pre-notification will be shortened to 5 days before the due date. You undertake to ensure sufficient coverage of the account on the due date. In the case of a return transaction caused by you, you shall pay the bank charges incurred.
Art. 5 Right of retention, reservation of title
(1) You may only exercise a right of retention as far as claims arising from the same contractual relationship are concerned.
(2) The product remains in our ownership until complete payment and until full delivery to the customer have been processed.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve ownership of the products until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the products subject to retention of title, pledging or transfer by way of security is prohibited.
b) You may resell the goods in the ordinary course of business. In this case, you shall hereby assign to us all claims in the invoiced amount accruing to you from the resale; we will accept the transfer. You are further authorised to collect the claim. If you should not meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled upon your request if the realisable value of our securities exceeds the claim to be secured by more than 10 %. We may choose securities to be released at our discretion.
Art. 6 Warranty
(1) The statutory warranty rights apply.
(2) Being a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the transport company of any complaints as soon as possible. If you fail to do so, this will not necessarily affect your statutory warranty claims. Complaints shall be documented by the customer and reported to the vendor without undue delay. Complaints reported after a period of 1 day after reception are not subject to the consumer’s legal warranty claim.
(3) If you are an Entrepreneur, the following warranty provisions shall apply instead of the previous:
a) Only our own details and the manufacturer's product description shall be deemed agreed as the condition of the item, but no other advertising, public presentation or statements by the manufacturer.
b) In case of any defects, we shall, at our discretion, provide a warranty by repair or replacement. If removal of the defect fails, you will be entitled to either demand a price reduction or withdraw from the contract. Removal of the defect shall be deemed to have failed after an unsuccessful third attempt unless something else results from, including but not limited to, the nature of the item or the defect or other circumstances. In the event of subsequent improvement, we shall not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. Shortening of the warranty period shall not apply in case of:
- culpably caused damage attributable to us from the injury of life, body or health and in case of intentionally or grossly negligently caused damage;
- fraudulently concealing the defect through us or us having assumed a guarantee for the quality of the item;
- items applied to a structure compliant with their regular use that have caused the structure’s defectiveness;
- statutory rights of recovery you may claim against us regarding warranty rights.
Art. 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law shall only apply if the protection granted by mandatory provisions of the national law applying at the consumer's habitual residence is not deprived (principle of favourability).
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by the previous.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. CUSTOMER INFORMATION
1. Identity of the vendor
Olymp & Olipa GmbH
Contact form: https://comfortbaby.global/de/kontakt
E-mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. More information on the conclusion of the contract offer
Technical steps for the conclusion of the offer, the conclusion of the contract and the possibilities for adjustment shall be carried out pursuant to the ’Conclusion of the contract‘ provisions of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract offer text will not be saved by us. Before sending the order via the online shopping cart system, the contract offer data can be printed via the browser's print function or electronically saved. After we receive the order, the order data, stipulated information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Codices of conduct
4.1. We subscribe to the Käufersiegel quality criteria established by the Händlerbund Management AG and by consequence to the E-Commerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf (https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf) and https://www.ecommercetrustmark.eu/the-code-of-conduct/ (https://www.ecommercetrustmark.eu/the-code-of-conduct/).
5. Essential characteristics of the product or service
The essential characteristics of the product and/or service are available in the relevant offer.
6. Prices and payment methods
6.1. Any prices quoted in the relevant offers and the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. Any shipping costs incurred are not included in the purchase price. They can be accessed using the corresponding button on our website or in the respective offer, are shown separately in the course of the ordering process and shall be paid additionally by you unless delivery free of shipping costs has been agreed.
6.3. If delivery is made to countries outside the European Union, additional costs may be charged to you, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees). Any costs arising from the transfer of money shall also be paid by you in cases where delivery is made to an EU member state but payment has been made outside the European Union.
6.4. The payment methods available to you are accessible under the corresponding button on our website or in the relevant offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract offer are due for immediate payment.
7. Terms of delivery
7.1. The delivery conditions, the delivery date as well as any applying delivery restrictions can be accessed under the button marked accordingly on our website or in the relevant offer. The delivery time stated in the offer may vary depending on stock and other unforeseeable circumstances. A delivery time of up to 12 weeks may apply to items such as cots, bedding accessories, crib wooden accessoriies extensions, cupboards and strollers.
7.2. If you are a consumer, legal provisions stipulate that the risk of accidental loss and accidental damage to the item sold during shipment may only pass to you when the product is delivered, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the vendor or assigned another person to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Legal liability for defects
Liability for defects shall be governed by the ’Warranty‘ section in our General Terms and Conditions (Part I).
Right of withdrawal for consumers
(For the purposes of the following provisions, a consumer is any individual who concludes a legal transaction for purposes which can primarily be attributed neither to commercial nor to self-employed professional activity.)
Right of Withdrawal
You are entitled to withdraw from this contract within 14 days without having to state reasons.
Olymp & Olipa GmbH (www.comfortbaby.global) may extend the statutory right of withdrawal by up to 30 calendar days under special circumstances, in exceptional situations and by agreement between vendor and customer. Any return costs accruing within Germany shall be paid by the buyer if the order value does not exceed 100.00 €. Return costs outside Germany shall be covered by the customer.
The customer undertakes to inform the vendor of the shipment data of the return when paid by the customer.
The revocation period is 14/30 days starting from the day:
- at which you, or a third party designated by you other than the transporter, have accepted the products, provided that you have ordered one or more products under a single order and this order is or will be delivered uniformly;
- at which you, or a third party designated by you other than the transporter, have accepted the last product, provided that you have ordered several products under a single order and they are delivered separately;
- at which you, or a third party designated by you other than the transporter, have accepted the last partial shipment or piece, if you have ordered a product delivered in several partial shipments or pieces;
In order to exercise your right of withdrawal, you shall inform us (Olymp & Olipa GmbH, Elisabethstraße 12, 50226 Frechen, Germany, telephone number: + 49 (0) 221 67789904, fax number: + 49 (0) 221 67789983 , e-mail address: [email protected]) by means of a specific statement (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form or any other.
The withdrawal period shall be deemed complied with if you send the notification of exercising the right of withdrawal before the deadline.
Consequences of withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including delivery charges, without undue delay (except for any additional charges arising from your choosing a different method of delivery from the standard delivery offered by us) and no later than 14 days from the date on which we have received notice of your withdrawal from the contract. For this refund we will use the same means of payment that you have used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse a refund until we have received the returned products or until you have proved that you have returned the product, whichever is earlier.
You shall return or deliver the goods to us without undue delay and in any event no later than fourteen days from the date on which you have notified us of your withdrawal from the contract. The deadline shall be deemed complied with if you dispatch the products before expiry of the fourteen-day deadline.
We will bear the costs of returning the products with a minimum purchase value of 100,00€ if they have been delivered within Germany (return costs for orders to other countries will not be paid by Olymp & Olipa GmbH).
You shall pay for any loss in value of the goods due to handling not required for testing the condition, properties and functionality of these goods.
Reasons for exclusion or termination
The right of revocation does not apply to the following contracts:
- the supply of products which are not prefabricated and the manufacture of which is determined by an individual choice or purpose stated by the consumer or which are clearly tailored to the personal needs of the consumer;
- the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly;
- the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract but which cannot be delivered before 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the Vendor has no control;
- the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires prematurely in the case of contracts
- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;
- for the delivery of products if, after delivery, they have been inseparably mixed with other goods due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
If you have ordered bulky or forwarding products via our online shop, we will inform you where to return the goods after you have declared your revocation. We will contact you by e-mail or telephone right after receipt of your revocation.
We will ask you to use the return sticker enclosed with your order for the return and to return the products to us in the original packaging. Please avoid any damage and/or contamination when returning the products. If you no longer have the original packaging or box available, please use suitable packaging to ensure that the products are adequately protected from transport damage. Neither the use of the return sticker nor the return in the original box are compelling conditions for the effective exercise of your right of revocation.
Sample revocation form:
(If you want to withdraw from the contract, please fill out this form and send it back.)
- To Olymp & Olipa GmbH, Elisabethstraße 12, 50226 Frechen, Germany, fax number: + 49 (0) 221 67789983 , e-mail address: [email protected] :
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following services (*)
- Ordered on (*)/received on (*)
- name of the consumer(s)
- address of the consumer(s)
- signature of the consumer(s) (only when notified on paper)
(*) Delete as appropriate.
These GTC and the Client information have been created by lawyers of the Händlerbund specialized in IT law and are permanently checked for legal compliance. The Händlerbund Management AG guarantees legal compliance of the texts and is liable in case of cease & desist orders. Further information is available at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
latest update: 01/01/2019