Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Exclusion of Liability
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Sinan Askin, trading as "Sinan Askin" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby excluded, unless otherwise agreed.
1.2 These GTC also apply to contracts for the supply of vouchers, unless otherwise agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity.
1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a legal entity that enters into a legal transaction in the course of its trade or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation to the Customer to make a binding offer.
2.2 The Customer may make the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to contract in respect of the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the submission of their order. If several of the above alternatives are available, the contract shall come into existence at the time when the first of the above alternatives occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares that it accepts the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment shall be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares that it accepts the Customer's offer at the time when the Customer initiates the payment process by clicking the button that concludes the ordering process.
2.6 When an offer is submitted via the Seller's online order form, the contract text shall be stored by the Seller after the conclusion of the contract and sent to the Customer after the submission of their order in text form (e.g., email, fax, or letter). No further publication of the contract text by the Seller shall take place.
2.7 Before bindingly submitting the order via the Seller's online order form, the Customer may detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer may correct their entries during the electronic ordering process for as long as they wish using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 German is exclusively available for the conclusion of the contract.
2.9 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct, so that emails sent by the Seller to this address can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the stated prices are total prices that include statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer is agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment shall be processed by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it provides credit to the Customer (e.g., purchase on account or installment payments), it hereby assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated for the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit check using the submitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with the effect of discharging the Customer's obligation. However, even in the event of the assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their transmission, or credits.
4.5 If the payment method "SOFORT" is selected, payment shall be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account enabled for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately thereafter by "SOFORT" and the Customer's bank account will be debited. Further information on the payment method "SOFORT" can be accessed by the Customer on the internet at https://www.klarna.com/sofort/.
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which the Customer may be separately advised of. Further information on "Shopify Payments" can be accessed on the internet at https://www.shopify.com/legal/terms-payments-de.
4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of return shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provision made in the Seller's withdrawal policy shall apply in the event of effective exercise of the right of withdrawal by the Customer.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or entity designated for the execution of the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a person entitled to receive them. Notwithstanding this, the risk of accidental loss or accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or other person or entity designated for the execution of the shipment, even for consumers, if the Customer has commissioned the carrier, freight forwarder, or other person or entity designated for the execution of the shipment to carry out the shipment and the Seller has not previously designated this person or entity to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides credit, it retains title to the delivered goods until full payment of the purchase price owed has been received.
7) Liability for Defects (Warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Notwithstanding this, for contracts for the supply of goods:
7.2 If the Customer acts as an entrepreneur, the Seller has the choice of the type of supplementary performance; for new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims due to defects are excluded; the limitation period does not restart if a replacement delivery is made within the scope of the liability for defects.
7.3 If the Customer acts as a consumer, the following provision shall apply to contracts for the supply of used goods: The limitation period for defect claims is one year from delivery of the goods, provided that this has been expressly and separately agreed in writing between the parties and the Customer has been specifically informed of the shortened limitation period before submitting their declaration of intent.
7.4 The above-mentioned limitations of liability and shortened limitation periods do not apply to the Customer's claims for damages and compensation for expenses in the event that the Seller has fraudulently concealed the defect, for goods that have been used in accordance with their usual intended use for a structure and have caused its defectiveness, or for an existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.5 Furthermore, for entrepreneurs, the statutory limitation periods for an existing statutory recourse claim shall remain unaffected.
7.6 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, the commercial duty to inspect and notify defects pursuant to Section 377 of the German Commercial Code applies. If the Customer fails to comply with the notification duties provided therein, the goods shall be deemed accepted.
7.7 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery person and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on their statutory or contractual defect claims.
8) Exclusion of Liability
⚠️ WARNING! Constantly monitor your child and ensure that their mouth and nose are free.
⚠️ WARNING! For premature babies, low-birth-weight babies, and children with pre-existing medical conditions, please consult a doctor before using this product.
⚠️ WARNING! Make sure that your child's chin does not rest on their chest, as this could restrict breathing and lead to suffocation.
⚠️ WARNING! To prevent dangers from falling, ensure that your child is securely positioned in the baby carrier.
⚠️ WARNING! Always check that all settings are securely fastened. Before each use, check for torn seams, torn straps or fabric, and damaged hardware. If such defects are detected, do not continue to use the baby carrier.
⚠️ WARNING! Use the product only for the number of children (1) for which it is intended.
⚠️ WARNING! Pay attention to the correct positioning of the child in the product, including the positioning of the legs.
9) Special Conditions for the Processing of Goods According to Specific Customer Requirements
9.1 If the Seller is obliged under the contract not only to supply the goods but also to process the goods according to specific customer requirements, the Customer must provide the Seller with all content necessary for the processing, such as texts, images, or graphics, in the file formats, formatting, and image and file sizes specified by the Seller, and grant the Seller the necessary usage rights for this purpose. The Customer is solely responsible for the procurement of this content and the acquisition of the rights thereto. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are violated thereby, especially copyright, trademark, and personality rights.
9.2 The Customer shall indemnify the Seller against third-party claims that these third parties may assert against the Seller in connection with an infringement of their rights due to the Seller's contract-compliant use of the Customer's content. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees in their statutory amounts. This does not apply if the infringement of rights is not attributable to the Customer. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and the defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.
10) Redemption of Promotional Vouchers
10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns and have a specific period of validity, and which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
10.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise indicated on the voucher.
11.2 Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
11.8 The gift voucher is transferable. The seller may make payment to the respective holder who redeems the gift voucher in the seller's online shop, which shall discharge the seller's obligation. This does not apply if the seller knows or is grossly negligent in not knowing that the respective holder is not entitled to the voucher, lacks legal capacity, or lacks the authority to represent the customer.
12) Applicable law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.
13) Alternative dispute resolution
13.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.