Terms & Conditions

Terms & Conditions

 

§1: General & Obstacle Clause                                                                        This page contains Little Wombat terms & conditions. For in connection with this Onlineshop https://littlewombat.de justified legal relation between the provider of this Shop (hereinafter referred to as „Little Wombat“) and its costumer apply exclusively hereinafter called terms and conditions as amended at the time you place your order. We do not recognize conflicting conditions or contradictory of deviating conditions of the contracting party, hereinafter referred to as “customer”, unless, we consented expressly to this in writing. Oral collateral agreements do not exist.

§2: Conclusion of the contract
(1) The presentation of all our products in our online shop https://littlewombat.de does not constitute a binding offer. It simply shows our nonbinding offer, which is supposed to incite the buying impulse in the customer.                                                                                                             (2) By confirming an order, the customer delivers a binding purchase offer, which is directed towards the conclusion of a sales agreement about the goods contained in the shopping cart. In this process the customer accepts lawfully at the same time our terms & conditions.
(3) The provider will confirm the order by sending the customer an e-mail confirmation. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by us. The acceptance of the offer by the customer is accepted by Little Wombat at the latest when the ordered products are sent. Little Wombat reserves the right to accept any order. If an order is not confirmed by us for any reason, the customer will be informed immediately. In such cases, any payments already made shall be refunded without delay.
(4) We sell products in small quantities as customary in the retail trade and only persons 18 years or older, who are not under guardianship, can place an order.

§3: Reservation of title, right of retention, offset right
(1) The products shall remain the property of Little Wombat until complete payment is received.
(2) The offset right and right of retention will only exist for the customer if the counterclaim is based on the same contractual relationship and recognized, undisputed, ready for decision or legally recognized claims or, when we commit fundamental violations of obligations of the same contractual relationship despite a written reminder and does not offer appropriate collateral.

§4: Maturity, Prices & Payment
(1) The payment is due as soon as the order is placed.
(2) The price applicable is that set at the date on which you place your order. The prices displayed at www.littlewombat.de include the statutory value added Tax but do not include a delivery charge.
(3) Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made. We reserve the right to refuse delivery and to review the customer’s creditworthiness. Depending to this information, we reserve the right to exclude particular payment methods.
(4) In the event of default in payment or delayed payment, Little Wombat is authorized to send a payment reminder where a legal fee of 3,99€ will apply. The customer has the right to proof, that caused damage is lower than mentioned legal fee.
(5) In case of delayed payment, the customer undertakes to pay all costs, which thus are caused for the supplier. This includes all costs, cash expenses and other incidental expenses, caused by the pursuance of its legitimate claims. Without prejudice to a procedural cost compensation, this also includes any extrajudicial costs of a lawyer or collection agency.
(6) Please be aware: Delivery to non-EU countries may be subject to possible custom duties or taxes in the recipient country, which have to be paid by the customer.
(7) Having a product held in your shopping cart does not guarantee you’ll secure your purchase. It can barely happen, that the product, the customer chose for the shopping cart, is during the order process sold out.

§5: Shipping & Delivery Charges
(1) The cost for each delivery method is clearly indicated during the check-out process. Our standard delivery charges for Germany are 4,76€. If we are unable to deliver your full order and have to make more than one delivery, there will be no additional charges for those further deliveries.
(2) Please allow 1-3 business days for your order to be processed and shipped.
(3) When choosing advance payment, we will send the article after receipt of payment.
(4) Depending on your residence in Germany, please allow further 1-3 business days for your order to arrive.
(5) Depending on your home country within Europe, please allow further 4-8 business days for your order to arrive.
(6) Depending on your home country worldwide, please allow further 5-14 business days for your order to arrive.
(7) In the event of returning an order, the national such as international return shipping costs must be covered by the customer.
(8) The provider does not guarantee for mentioned time display. The information are only a time frame and orientation.
(9) Little Wombat is not responsible for lost packages due to mistyped addresses.
(10) We offer following payment methods: PayPal, Credit card, immediate transfer, Advance Payment/ Transaction such as when picking up.
Delivery Germany: 4,76€
Delivery Belgium, Denmark, France, Liechtenstein, Luxemburg, Monaco, Netherlands, Austria, Polonia, Czech Republic: 11,90€
Delivery Andorra, UK, Italy, San Marino, Sweden, Slovakia, Slovenia, Spain, Hungary, Vatican City, Bulgaria, Estonia, Finland, Greece, Ireland, Croatia, Latvia, Lithuania, Malta, Portugal, Romania, Cyprus, Albania, Bosnia Herzegovina, Iceland, Macedonia, Moldova, Montenegro, Norway, Serbia, Ukraine, Belarus: 14,90€                                                                  Delivery Switzerland: 30,00€
Delivery to all other countries: 30,00€

§6: Liability, Force Majeure                                                                             (1) Claims for damages of the customer are excluded unless otherwise specified below.
(2) The above disclaimer of liability also applies in favor of the legal representatives and vicarious agents of the provider, if the customer claims against them. The liability of the provider is limited to slight negligence on the contract typical, foreseeable damage, as far as essential contractual obligations are concerned. Significant contractual obligations include obligations, that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract as well as obligations imposed by the contract according to its content to achieve the purpose of the contract and their fulfillment make the proper execution of the contract in the first place possible and on whose compliance the customer may regularly rely.
(3) In the case of breach of essential contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) The provider is liable without limitation for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The provider is also fully liable in all cases of intent and gross negligence, fraudulent concealment of a defect, for damages under the Product Liability Act and all other statutory cases. Also excluded from the disclaimer is the liability for claims for damages due to injury to life, body, health and claims for damages resulting from the violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. For example, the provider has to hand over the goods free of defects in title and title to the customer and to obtain ownership of the goods.
(5) Force majeure due to environmental damage, such as fire, storm damage, flood or other operational disruptions due to import difficulties, traffic and operational disturbances, strikes, and others, which temporarily prevents the supplier from completing the order by the agreed date or within the agreed time limit, the terms and conditions in the general terms and conditions extend by the duration of the disturbances caused by these circumstances. Of course, the customer will be informed by the provider immediately after the event has become known. If the provider also provides the service after a reasonable extension, both the customer and the provider are entitled to withdraw from the contract. Damage claims of the customer are excluded.
(6) To the extent that our liability is excluded or limited, this applies equally to the personal liability of our employees, workers, personnel, legal representatives and vicarious agents.

§7: Color, Washing & Care
(1) http://www.littlewombat.deundertakes all reasonable effort to present the properties of the offered products as accurately as possible, including the color representation and composition of all parts. However, the color display depends on the particular computer system of the customer. Therefore, the provider cannot guarantee that the computer will faithfully reproduce the colors.
(2) We recommend washing by hand or machine in cool water (Max. 30 degree) on gentle cycle. Liquid detergent without optical brighteners is recommended. Hang or lay flat to dry, please don´t use a dryer. Also avoid washing your Baby Wrap together with pointed objects (e.g. zippers). They can cause little ladders.

§8: Warranty
(1) The guarantee rights of the customer are directed according to the general legal regulations, as far as in the following nothing else is determined. Any claims for damages of the customer come in force with §6 of these terms & conditions.
(2) The period of limitation shall be two years in the case of new purchased items. With items that are referred to as second quality, the period of limitation shall be one year. These periods of limitation do not count for claims for damages that are caused by damage to life, limb or health. Substantial contract obligations are such, whose fulfillment is necessary for the reaching of the goal of the contract, e.g. the supplier has to hand over the goods to the customer without material defects or defects of title and the property at it. The managing shortening of the periods of limitation is not valid likewise for claims for damages, which are based on a deliberate or roughly negligent obligation injury of the offerer, its legal representatives or executing aides. Opposite entrepreneurs from the shortening of the periods of limitation the requirement for resort is likewise exceptional after § 478 BGB.
(3) There is no declared warranty on our products.

§9: Choice of law, place of jurisdiction, place of performance, final provisions
(1) The law of the Federal Republic of Germany applies to the contractual relations between the supplier and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. (favourability principle)
(2) The application of the UN Convention on Contracts for the International Sale of Goods of 4–11–1980 (CISG) is contracted out.
(3) The place of performance and place of jurisdiction for all disputes under this Agreement are the registered office of Little Wombat in 76199 Karlsruhe, provided that the Customer is a businessman or legal person under public law. The same applies to customers who are not resident in Germany, whose usual residence is not known at the time the complaint is filed, or for customers who move their place of residence or usual place of residence abroad after conclusion of the contract.
(4) Severability clause: Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this Agreement, the legal effectiveness of the other provisions is not affected.

§10: Ban on assignment and pledging                                                          The assignment or pledging of the rights or claims to which the customer is entitled is excluded without the express consent of the provider, unless the customer proves a legitimate interest in the assignment or pledge.