The Terms and Conditions appear in German and English. In the case that discrepancies appear in the English version, it is the German version that applies.
§ 1 SCOPE
All business relations between www.paulinamaternity.com and the buyer, including any future businesses, shall be performed exclusively on the basis of the following General Standard Terms and Conditions, in the currently valid version. We do not recognize any provisions of the customer which conflict with or deviate from these General Standard Terms and Conditions, unless Paulina e. K. has expressly agreed to their validity in writing.
§ 2 CONTRACTUAL PARTNER
Your contractual partner is:
www.paulinamaternity.com
c/o Paulina e.K.
Lochhamer Schlag 10b
82166 Gräfelfing
Tel.: +49-89-85896920
Fax: +49-89-85896929
E-mail: info@paulinamaternity.com
represented by the business owner Peggy Hillig. All claims and queries should be directed to this address.
§ 3 ESTABLISHMENT OF CONTRACT
An order constitutes an offer to us until the sales contract is formalized. When you order from Paulina e.K., we send you an email that confirms your order with us and lists all the particulars of that order. This email does not constitute an approval of your order, but rather only serves to inform you that we have received your order request. The sales contract is only effected when we have checked the product's availability and sent you a second email confirming the entrance into a sales contract. In the unlikely event that a product is unavailable, we will also inform you of the fact by email. In this case, no sales contract has been established.
§ 4 SHIPMENT AND DELIVERY
We strive to the very best of our ability to meet our scheduled delivery dates. In the case of delivery delays resulting from extenuating circumstances that were unknown to us at the time of the order placement and are beyond our control, delivery time may be lengthened to a reasonable extent.
If expedient order processing requires partial shipment, you will naturally incur no extra fees through the partial delivery. Provided that nothing else is agreed upon, the shipment will go to the shipping address provided by the customer. With the method of payment "cash on delivery", the shipping and billing addresses must be identical.
§ 5 PRICES AND PAYMENT
All prices are retail prices in Euros and include the applicable German sales tax. The prices at the time of ordering apply. The prices refer to the respective pictured article that corresponds to the description, however, they do not correspond to any pictured contents, accessories, and/or decorations. The sales price is due upon shipment of the product and issuing of the invoice. Payment can be made by credit card, cash in advance, debit, or by cash on delivery. Paulina e.K. reserves the right to eliminate the possibility of any of these methods of payment.
Payment by Credit Card
We accept Visa and Mastercard.
1. Enter your credit card information on our secure payment site. www.paulinamaternity.com uses a highly modern server security software with SSL (Secure Socket Layer). This is an asymmetrical online encrypting method that protects your credit card information from interception and manipulation during the transaction. It is therefore impossible for unauthorized persons to read this information during online transactions.
2. After a successful reservation of the invoice amount on your credit card account, we process your order for delivery.
3. The invoice amount will be deducted on the day the product is shipped to you.
Note: Credit for returns will be reapplied to your credit card.
Payment by Cash in Advance or Money Transfer
1. You will receive our bank account information and the order number in your order confirmation email. Please take note that we can only accept cash in advance as a method of payment for orders made in Germany.
2. Please transfer the invoice amount under the specification of the order number that appears in your order confirmation to the indicated account. Possible transfer costs, such as bank service charges, fall upon the customer.
3. The acceptance of an offer and shipment are carried out only after payment has been received. In the event that the transfer of the sales price and shipping fees have not been received by www.paulinamaternity.com within 5 weekdays of the order, Paulina e.K. has the right to cancel the order.
Note: Credit for returns will be transferred back to your bank account.
Payment by Automatic Debit Transfer System (Debit)
Up to an invoice amount of 200 Euro, you can also pay by debit transfer. This method of payment is only possible in Germany. You enter your account information (account number and bank sort code) on our secure ordering website. The full amount of the order will be charged from your account 1-2 days after the order is placed. Sufficient funds must be available. Potential costs arising from a debit reversal of the invoice amount must be incurred by the customer.
Payment by Cash on Delivery
This payment method is only available for shipping within Germany. Upon delivery the customer pays the full invoice amount of the order directly to the delivery person. The bill will include the shipping fee of 5.90 Euro plus the designated cash on delivery charge of 3.90 Euro. DHL charges an additional payment fee of 2.00 Euro, making the expense of cash on delivery total 11.80 Euro.
Payment by cash on delivery is only possible when billing and shipping addresses are identical.
Please understand that we must add the costs of cash on delivery orders to your bill if they are not accepted or picked up.
In commercial transactions, the customer's right of retention and right to refuse performance are barred, with the sole exception of undisputed or previously established and legally binding counterclaims.
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§ 6 PACKAGING AND DELIVERY
Independent of the amount of the order value, we calculate a flat-rate shipping fee within Germany in the following amounts:
5.90 Euro with payment by credit card or cash transfer/debit
9.80 Euro with payment by cash on delivery
For international shipments, we accept payment by credit card only. Our marked prices include German VAT. For orders from outside the European Union the VAT of 19% will be deducted and only the net price will be charged. Please refer to our international shipping fee table to learn the relevant shipping costs. The relevant taxes and duties such as state taxes will be calculated by our shipping partner and paid by the customer.
§ 7 RESERVATION OF PROPRIETARY RIGHTS
All products retain the ownership of Paulina e. K. until full payment is made by the customer on all current orders and the resulting requirements have been fulfilled.
§ 8. RIGHT OF REVOCATION
You may declare the revocation of your contractual statement within 14 days , without giving any reason, in written form (e.g. letter, fax, email) or, in the event that the item has been transferred before the expiry of this revocation period, by returning the item. The revocation period commences after receiving these instructions in written form, but not before the receipt of the goods and before we have fullfilled our information requirements according to Article 246 § 2 in conjunction with §1 Abs. 1 and 2 EGBGB as well as our information requirements corresponding to § 312e Abs. 1 Line 1 BGB in conjunction with Article 246 § 3 EGBGB. To ensure the return deadline is met, the timely posting of the return articles or the revocation is sufficient.
The revocation is to be addressed to:
Paulina e. K.
Management of Returns
owner: Peggy Hillig
Lochhamer Schlag 10b
82166 Gräfelfing
info@Paulinamaternity.com
Fax.: +49-89-85896929
Consequences of revocation
In case of a valid revocation, all mutually received benefits as well as emoluments taken (e.g. interest), if applicable, are to be recompensed by either side. If you are unable or partially unable to make restitution to us for the merchandise or can only return it in a deteriorated condition, then you must insofar compensate for its value where applicable. This does not apply if the deterioration occured during the normal testing the product - as would be the case in a retail store. Basically you can fulfill your legal obligation to compensate for lost value by using the goods as intended and not using them as if they were your own property, refraining from any action that affects the value.
Items that can be shipped by parcel are to be returned at our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be returned does not exceed an amount of 40 Euros, or if at the time of the return you have not yet provided the equivalent value of the product or a contractually agreed upon partial payment. In all other cases, the return shipment for you is free of charge. Items that cannot be repackaged for return will be picked up. All obligations for return payment must be fulfilled within 30 days. The grace period begins with the sending of your return statement or with the arrival of the product at our establishment.
End of revocation instruction
§ 9 GUARANTEES AND LIABILITY
We are not liable in cases of negligence as long as fundamental contractual obligations have not been broken due to said negligence. Our liability for contractual and non-contractual indemnity claims for the compensation for typical and foreseeable damages is limited, however, this does not apply if the damage is due to negligence or deliberate intention. This applies even to damages that a legal representative or servant has culpably caused.
The aforementioned liability limitations do not apply in the case of injury to life, body, or health, for a defect after the acceptance of liability of a guarantee for the quality of the product, and in the case of fraudulent faults of omission relating to defects.
§ 10 DATA PROTECTION
Paulina e.K. pledges that through the registration and use of the online services at www.paulinamaternity.com, the data that is uploaded, edited and saved by members will only be used internally and will never be passed on to third parties, provided that no legal or governmental requirement exists. All personal data will of course be confidentially processed.
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§ 11 APPLICABLE RIGHTS, JURISDICTION, AND FINAL PROVISIONS
The city of Munich, Germany has the jurisdiction for all legal disputes arising from the business relationship, as long as the customer is a merchandiser or has no common jurisdiction in the home country.
The business relationship falls under the laws of the Republic of Germany, with the exception of UN treaties over international trade, as legally permissible.
Should one or more of the provisions in these General Standard Terms and Conditions become invalid, this shall not affect the validity of the General Standard Terms and Conditions as a whole.
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