General Terms and Conditions (AGB) and Customer Information

§ 1 Scope of Application

These General Terms and Conditions (“GTC”) of Babyconcept-Erfurt e.K. (the “Seller”) apply to all contracts for the supply of goods concluded between a consumer or a trader (the “Customer”) and the Seller via the Seller’s website lelekka.eu. Any deviating terms and conditions of the Customer shall not apply unless expressly agreed otherwise.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their commercial or self-employed professional activity.

§ 2 Contracting Party

The purchase contract is concluded with:
Babyconcept-Erfurt e.K., Owner: Andrii Savenko
Moritzstraße 30, 99084 Erfurt, Germany
Phone: +49 (0)361 / 381 72 70
E-Mail: info@lelekka.eu
Register Court: Amtsgericht Jena, Commercial Register No.: HRA 503473
VAT ID No. pursuant to § 27a German VAT Act: DE252245376

§ 3 Conclusion of the Contract, Contract Language, Contract Text & Corrections

The product presentations in the online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

The Customer submits a binding offer by placing the selected goods in the shopping cart, completing the electronic ordering process and clicking the button that concludes the order.

The Seller may accept the offer by (i) sending an order confirmation by e-mail, or (ii) dispatching the goods to the Customer. The contract is concluded upon the first of these events.

Contract text: The Seller stores the contract text (order data and these GTC) after conclusion of the contract. The Customer receives these data by e-mail after submitting the order. If the Customer has created a customer account, they can also access their orders at any time in their customer account.

Corrections: Before submitting the order, the Customer can review and correct entries using the correction aids provided in the order process (e.g. cart overview, input fields) until clicking the order button.

Contract language: The contract language is exclusively German.

§ 4 Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal. Details and a model withdrawal form can be found on the separate page Cancellation Policy.

§ 5 Prices and Payment Conditions

All prices are total prices including statutory VAT. Any shipping costs are shown separately during the order process. In case of cash on delivery, an additional fee is payable to the delivery agent.

Available payment methods are displayed in the online shop (e.g. advance payment by bank transfer, cash on delivery, credit card, PayPal). For advance payment, dispatch takes place after receipt of funds.

§ 6 Shipment and Delivery Conditions

Delivery is made within Germany and the EU to the delivery address specified by the Customer in the order process. Delivery time within Germany is approx. 2–5 working days after receipt of payment; within the EU approx. 5–14 working days.

The risk of transport is borne by the Seller as long as the Customer is a consumer.

§ 7 Reservation of Proprietary Rights

The goods remain the property of the Seller until payment has been made in full.

§ 8 Warranty (Statutory Liability for Defects)

Statutory warranty rights apply. Any additional commercial guarantee exists only if expressly indicated for the respective product.

§ 9 Applicable Law

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

§ 10 Place of Jurisdiction

If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law with its seat in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business (Erfurt, Germany). The Seller may also sue at the Customer’s general place of jurisdiction.

§ 11 Limitation of Liability

The Seller is liable without limitation for damages resulting from injury to life, body or health, as well as for damages caused by intent or gross negligence, and under the German Product Liability Act.

In the event of simple negligence, the Seller is liable only for breaches of essential contractual obligations (cardinal duties), limited to the foreseeable damage typical for the contract. In the event of slightly negligent breaches of non-essential obligations, liability is excluded. The foregoing limitations apply mutatis mutandis in favor of the Seller’s legal representatives and vicarious agents.

§ 12 Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Special Provisions for Traders (B2B)

No right of withdrawal is granted to traders. For traders, the warranty period for delivered goods is limited to twelve (12) months from delivery, except for claims for damages due to injury to life, body or health, for intent or gross negligence, or under the Product Liability Act. If the Customer is a merchant, the place of jurisdiction is the Seller’s place of business as per § 10.