Element 9

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Terms & Conditions

15.05.2018

1. Miscellaneous

These Terms and Conditions apply to all contracts between LILLYDOO and its customers, concluded via the online shop www.lillydoo.com, in each case in the version that was valid at the time of order.

The "Provider" in the meaning of the following terms and conditions is

LILLYDOO GmbH
Hanauer Landstraße 147-149
60314 Frankfurt am Main

Managing Directors: Gerald Kullack and Sven Bauer

Tel. no.: +31 (0)85 888 8043
E-mail: service@lillydoo.com

Entered in the Registry at the Frankfurt/Main District Court under HRB 101542
VAT ID no.: NL0051883599

-referred to in the following as the "Provider" or “LILLYDOO”-

"Consumers" in the meaning of these Terms and Conditions are defined in accordance with Section 13 German Civil Code (BGB), therefore as natural persons who enter into a business relationship with LILLYDOO without this being attributable to their commercial or self-employed realm of professional activity.

"Merchants" in the meaning of these Terms and Conditions are defined in accordance with Section 14 German Civil Code (BGB), therefore as natural and legal persons or as legally competent partnerships who enter into a business relationship with LILLYDOO as part of their commercial or self-employed realm of professional activity.

This Contract defines the terms for the sale of new products from the area of baby and body care via the provider’s online shop. We refer to the product description on the offer page in respect to the details of each offer.

Registration / Customer account / Order process

2.1

A customer account is necessary in order to place orders via the online shop. To do this, the user must initially register free of charge using a valid email address belonging to the user and a self-selected password. As part of this registration, LILLYDOO sends the customer a confirmation email and sets up the customer account.

2.2

Afterwards the customer has the opportunity to manage and update his customer data, including delivery address and any possible orders/subscriptions.

The user undertakes to keep the customer and payment details up-to-date at all times.

2.3

The order process involves the following steps:

  • Initially, a noncommittal selection of products in the desired specification (size, colour, quantity) and placing of these products in the shopping cart.
  • The customer finds the selected articles in the shopping cart list. Articles can be removed here, and volumes changed.
  • In order to complete the selection and order the articles contained in the shopping cart, the customer clicks on the button marked "Proceed to checkout" (or similarly).
  • Then the customer is asked to enter the delivery address or confirm the data contained in the customer account, as well as to select the method of payment.
  • Finally, the customer is shown a confirmation page with a summary of all details. The customer uses this page to check the selection once again.
  • The customer then confirms the order by clicking on the button marked “Buy now” (or marked in a similarly clear fashion). This represents an offer to LILLYDOO to conclude a purchase agreement.
  • Confirmation email from LILLYDOO that the order has been received.

The customer has the option to correct erroneous entries made during the order process. To do this, the customer simply clicks on the button marked “Back” (or marked in a similarly clear fashion).

The automatically generated and dispatched order confirmation does not yet represent a binding acceptance of the offer by LILLYDOO.

3. Conclusion of the Contract / Saving option and inspection of the contractual text

The customer places an order by clicking on the button marked “Buy now” (or marked in a similarly clear fashion). After placing an order, the customer will receive an e-mail from LILLYDOO acknowledging that we have received the customer’s order. Please note that this does not mean that the customer’s order has been accepted. The customer’s order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance by dispatching the Products or by sending an e-mail to the customer that confirms the Contract. A legally binding Contract does not come into force until LILLYDOO does either of the two options mentioned above.

It is at the equitable discretion of the provider to accept the offer.

We keep these Terms and Conditions and the other terms of our Contract available for access together with the other order data for access throughout the order process. The customer can archive this information simply by downloading the Terms and Conditions and by saving the data collated in the Order History of the Internet shop by means of the relevant browser functions. Alternatively, the customer can wait for the automatic receipt of order confirmation sent to his specified email address immediately after conclusion of the order process. This email confirming receipt of the order lists once again all of the data contained in the order and can be easily printed out or saved using a suitable email program.

We save the contractual text, but for security reasons it cannot be made available for access by the customer. We offer each customer a password-protected login area, where after registration the customer can manage all of the personal data and review the order data. The valid version of the Terms of Conditions for new contracts are also found on our website.

4. Term of the Contract / Notice

The Contract is concluded for an indefinite period insofar as its object refers to recurring/permanent services (subscription). Each contractual party shall have the right to serve notice of termination to this kind of Contract without statement of reasons with a period of 5 working days (Monday to Friday), effective as per the next delivery date. This is without prejudice to the right to serve extraordinary notice of termination for good cause, in particular repeated violation of main contractual obligations.

Notice of termination can be served in the customer account by means of the subscription cancellation function, or in text form (by post or email).

5. Reservation of title

The goods remain the property of the provider until complete payment has been received.

6. Prices, shipping costs, costs of return

6.1

All prices are retail prices and are inclusive of the statutory rate of value added tax.

6.2

Shipping costs for deliveries to Germany, Austria, France and the Netherlands are € 3.90. € 9.90 will be charged for deliveries elsewhere in the EU.
LILLYDOO delivers free of charge inside of Germany and Austria for shipments with a merchandise value of over € 20.00, and to France and the Netherlands for shipments with a merchandise value of over € 40.00. Shipping costs of € 4.90 will be charged on deliveries elsewhere in the EU with a merchandise value above € 40.00.

Shipping costs shall be charged on one occasion only for partial deliveries.

6.3

Customers invoking an effective revocation right shall carry the costs of return shipment in accordance with Section 357 (6) sentence 1 German Civil Code (BGB). Notwithstanding, LILLYDOO will accept the cost of return delivery inside of Germany if the customer invoking a right of revocation uses the return shipment label provided by LILLYDOO and commissions the parcel service specified thereon. This kind of return shipment label is enclosed with the consignment and can also be requested once more from customer services at service@lillydoo.com.

7. Terms of payment

Fulfilment of payment takes place using the payment service provider PAYONE (www.payone.de, PAYONE GmbH, Fraunhoferstr. 2-4, 24118 Kiel). The use of an escrow service / payment service allows the provider and the customer to arrange payments. Herein, the escrow service / payment service forwards the customer’s payment to the provider. Additional information is available on the Internet homepage of the respective escrow service / payment service.

The customer has the following options to make payment:

  • payment service (PayPal)
  • credit card
  • payment on account
  • SEPA direct debit

LILLYDOO reserves the right in individual cases to offer other modes of payment / options and/or to restrict the modes of payment. Some modes of payment are only available depending on the order value, the creditworthiness and the order patterns of the customer.

7.1 Payment by PayPal

The provider also accepts transfers to its PayPal account. This takes place as conditional payment (Section 364 II German Civil Code (BGB)). The service is offered by PayPal (Europe) S.à.r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, L-2449, Luxembourg. The contractual relationship between PayPal and its customers shall be based exclusively on the PayPal Terms and Conditions.

7.2 Payment by Credit card

Credit card payments will be debited upon shipping of the goods.

7.3 Payment on account and/or by SEPA direct debit

(1) Invoice amounts will be assigned to net-m privatbank 1891 AG (in the following: “the Bank”) in cases of payment on account and SEPA direct debit.

(2) LILLYDOO customers must be 18 and over in order to make purchases on account or by SEPA direct debit. In these payment methods, LILLYDOO customers purchase products in the LILLYDOO shop and do not make payment until they have received the products and the invoice, or until the invoice amount is charged to their accounts by SEPA direct debit.

(3) The purchase contract for the products is concluded exclusively between LILLYDOO customers and LILLYDOO. Fulfilment of the purchase contract also takes place on the basis of agreements that the LILLYDOO customer makes with LILLYDOO. In particular, LILLYDOO remains responsible for general customer enquiries (e.g. in regard to the products, delivery schedule, shipping), returns, complaints, warranty claims, any withdrawal from the contract and refunds.

(4) In case a purchase is fulfilled by payment on account or by SEPA direct debit, LILLYDOO will assign the claim to payment of the purchase price to the Bank. The LILLYDOO customer will be informed of this assignment of claim. In order to satisfy the debt, all payments must be made exclusively to the Bank and to the account that LILLYDOO announces to the customer for this purpose. The products will remain the exclusive property of the Bank until payment has been settled in full.

(5) payolution GmbH (www.payolution.com) will act on behalf of LILLYDOO as technical service provider and credit rating provider to review the creditworthiness of LILLYDOO customers requesting payment on account or by SEPA direct debit.

7.3.1 Payment on account

This payment method is only available after a successful creditworthiness check by the Bank. LILLYDOO will assign claims to the Bank in cases of payment on account. For this reason, customers can only settle their debt by making payment to the Bank.

(1) LILLYDOO will invoice the customer immediately if payment on account is agreed. This invoice is payable immediately upon receipt and in full.

(2) Customers will automatically be in arrears, without separate dunning notice, in the event that the invoice is not settled by no later than the date of maturity. From this moment on, LILLYDOO will be entitled to charge the customer arrearage interest in the amount permitted by law.

7.3.2 SEPA direct debit

In case that payment by SEPA direct debit is agreed ...

(1) ... LILLYDOO will send the customer an invoice that is payable immediately and in full as soon as the invoice is received. The due amount will be debited from the customer’s account by SEPA direct debit.

(2) ... LILLYDOO will send the customer notification of the imminent SEPA direct debit no later than one calendar day before SEPA payment.

(3) ... the customer will confirm that he/she is suitably authorised to grant a SEPA direct debit mandate in regard to the account specified during the order process. The customer must ensure that adequate funds are available on the account. The customer will carry the costs of the return debit note in the event that the account does not have adequate funds.

(4) ... the customer will not appeal the SEPA direct debit in case of cancellation, withdrawal, returns or complaints in order to avoid unnecessary workload and costs. The amount that LILLYDOO will refund to its customer will be credited to the account that was charged in the SEPA direct debit, or a credit note will be issued insofar as this is agreed between LILLYDOO and the customer.

(5) ... the customer will grant the following SEPA direct debit mandate upon submitting the order and acceptance of these terms:

net-m privatbank 1891 AG
Odeonsplatz 18
80539 Munich
German Creditor Identifier: DE62POL00000009232
The mandate reference will be made available on request

SEPA direct debit mandate

I hereby authorise net-m privatbank 1891 AG to charge my account for payments by means of direct debit. I furthermore instruct my bank to honour the direct debits charged to my account by net-m privatbank 1891 AG.

NB: I am entitled to demand reimbursement of the debited amount within eight weeks, beginning on the date of debit. The terms agreed with my bank will apply in these cases.

Name of the account holder: as stated by the customer in the order process
IBAN: as stated by the customer in the order process
Date of issue: order date

7.3.3 Warning: consequences of default

Arrearage interest in the agreed amount and the costs of reasonable dunning procedures will be charged in cases of delayed payment for both payment on account as well as payment by SEPA direct debit mandate. In case that internal dunning procedures are not successful, the Bank is entitled to pass the outstanding receivable to a collection agency for processing. The LILLYDOO customer may incur charges for prosecution by the collection agency and for legal representation in these instances.

8. Terms of delivery

Delivery of the ordered products shall be made by no later than 7 working days after receipt of the order, unless

  • the product description state a different delivery period, or
  • payment in advance is agreed, or
  • the customer selects a time of delivery.

On average, shipping takes place inside of Germany in approximately 2 working days and within approximately 3 working days elsewhere in the EU.

Deliveries subject to the method of payment ‘Advance transfer’ will only be shipped once the customer has made payment of the invoice amount.

LILLYDOO will inform the customer immediately of any delays in delivery.

The provider shall be entitled to withdraw from a Contract with a customer in the event that it experiences, for reasons for which it carries no responsibility, a lasting obstruction to delivery, in particular due to force majeure or failure by its suppliers to make deliveries although a suitable cover transaction was initiated in good time. The customer will be informed immediately, and any services received, in particular payments, will be reimbursed without delay.

9. Warranty

The customer is entitled to statutory warranty rights for the services provided.

The warranty period extended to customers who are merchants for new products is restricted to one year.

10. Transfer of risk

The risk of coincidental loss and/or deterioration of the products for customers who are merchants is transferred to the customer upon handover of the products, and upon submission to the selected service provider in the event of shipment of the products.

11. "Refer a friend"-programme and vouchers

11.1

Lillydoo reserves the right at various times and based on various terms to offer one or several “Refer a friend” programme/s. The customer has no right to demand participation.

The amount of the credit for the person recruiting friends shall depend on the current terms of the “Refer a friend” programme at the time of the order by the recruited customer.

Credits that are granted to the customer for “Refer a friend” programmes will be automatically redeemed in the next possible delivery. Insofar as the accumulated credit exceeds the purchase price of the delivery, the amounts will be offset with following deliveries until the credit has been exhausted.

Lillydoo reserves the right to terminate – also prematurely – the programme at any time. Credit that has already been earned shall of course retain its validity.

Earned credit that is not redeemed by the subscriber shall lapse, unless otherwise regulated in the programme, in every case at the end of the third calendar year after the credit was earned.

In the event that the customer cancels the subscription, all credit earned until this time shall lose its validity and value. A transfer to third parties, payment in cash or other continued use shall be excluded in every case.

You are entitled to pass on your individually issued voucher code to friends or publish it on your private website, your private blog, your Facebook account, or your Twitter profile.

Publication on commercial media or media provided by third party providers, in particular voucher pages, deal blogs and/or forums, is explicitly prohibited. In the event that the voucher code is shared on these media, Lillydoo shall reserve the right to block these voucher codes and to invalidate the respective credit without compensation.

11.2

Lillydoo also reserves the right at various times and based on various terms to offer one or several voucher programme/s. The customer has no right to demand any such vouchers.

The value of the voucher depends on the current terms of the voucher programme at the time of its issue.

Vouchers have an expiry date that is listed on the respective voucher. The vouchers shall expire, however, in every case at the end of the third calendar year after issue of the voucher.

The following conditions shall apply in every case unless other voucher terms are defined:

  1. Vouchers are non-transferable.
  2. Vouchers can be redeemed by new customers only.
  3. The voucher must be redeemed when ordering. Any subsequent claim of the voucher shall not be possible.
  4. Vouchers cannot be combined with any available credit.

11.3

All credit and vouchers may only be redeemed in the country in which the currency in which the credit / voucher is issued is also legal tender.

12. Right of revocation

As a consumer, the customer is entitled to a statutory right of revocation:

Instruction on revocation rights

Right of revocation

The customer has the right to revoke this Contract within 14 days without statement of reasons.

The revocation period is 14 days, beginning with day:

  • For a purchase Contract:
    … on which the customer or an appointed third party, who shall not be the shipping agent, takes possession of the products.
  • For a Contract in respect to several products that the consumer ordered as part of one single order and that are delivered separately:
    … on which the customer or an appointed third party, who shall not be the shipping agent, takes possession of the last product.
  • For a Contract in respect to the delivery of a product in several partial consignments or pieces:
    … on which the customer or an appointed third party, who shall not be the shipping agent, takes possession of the last partial consignment or the last piece.
  • For a Contract in respect to the recurring delivery of products over a defined period:
    … on which the customer or an appointed third party, who shall not be the shipping agent, takes possession of the first product.

The last date respectively shall be authoritative in the event that several alternatives are applicable.

In order to invoke the right of revocation, the customer is required to inform us (LILLYDOO GmbH, Hanauer Landstraße 147-149, 60314 Frankfurt/Main, email: service@lillydoo.com) by unequivocal declaration (e.g. a letter sent by post or an email) of the decision to revoke this Contract. Here, the customer may use the enclosed Revocation Form template, although this is not mandatory.

In order to observe the revocation period, it is sufficient that notification of the enforcement of the revocation right is sent before the end of the revocation period.

Consequences of the revocation

In the event that the customer revokes this Contract, we shall be required to return to him all payments that we have received from him, including shipping costs (apart from additional costs incurred through selection by the customer of a different shipping form than the standard shipping form we offer), without delay and by no later than 14 days from the date on which we receive notification of his intention to revoke the Contract. We shall use for this reimbursement the same method of payment used in the original transaction, unless otherwise agreed explicitly with the customer; on no accounts shall the customer be charged fees for this reimbursement. We are entitled to refuse reimbursement until we have received the products or until the customer has provided evidence that he has returned the products, depending on which date is earlier.

The customer must return the products immediately and on all accounts no later than within 14 days following the date on which he notified us of the revocation of this Contract. The products must be returned or delivered in person to:

LILLYDOO GmbH
Märkische Allee 15

D - 14979 Großbeeren

This period is observed insofar as the customer shipped the products before the end of this 14-day period.

The customer carries the direct costs of returning the products.

The customer shall only be required to pay compensation for any loss in value of the products in the event that this loss of value is due to an unnecessary handling of the products for the purpose of examining their characteristics, properties and functions.

End of the instruction on revocation rights

Revocation Form template

(Please complete the following form and return it to us if you wish to cancel the Contract.)

To Lillydoo GmbH, Hanauer Landstraße 147-149, 60314 Frankfurt/Main
Email: service@lillydoo.com

I/we (*) hereby revoke the Contract that I/we (*) concluded for the purchase of the following products (*) / the provision of the following service (*):
..............................................................................
Ordered on (*)/received on (*)
Name and address of the consumer
Signature of the consumer (only for notification in paper form)
Date

________________________
(*) Delete as applicable

The right of revocation shall lapse prematurely in accordance with Section 312g (2) German Civil Code (BGB) in the event of:

No. 3) Contracts for the delivery of sealed products that for reasons of health protection or hygiene are unsuitable for return if their seal has been removed following delivery.

13. Voluntary 1-month right of return and 6-month right of exchange of diapers

We are entirely convinced of our products, which is why in addition to the statutory right of revocation (Item 12 of these Terms and Conditions) we extend a voluntary right of exchange and return based on the following terms:

  1. The customer is entitled without statement of reasons to return products within 1 month of receipt, and in these cases to receive reimbursement upon our receipt of the products.
  2. The customer is entitled to exchange diapers for other diapers from the LILLYDOO online shop (e.g. a different size of diapers) within 6 months of receipt.
  3. The products have been removed from the parcel in which they were delivered, but are otherwise originally packaged and unopened.
  4. The customer provides written notification (by post or email) of the request to return/replace the products to us:
    by post: LILLYDOO GmbH,
    Hanauer Landstraße 147-149, 60314 Frankfurt/Main,
    by email: service@lillydoo.com
  5. This notification is required within 1 month (for returns) or 6 months (for exchange) from receipt of the products.
  6. The customer uses our designated parcel service and exclusively the return shipment label received from us in order to return the products. This kind of return shipment label is enclosed with the original delivery and can be requested once more from customer services at service@lillydoo.com.
    In all cases the return delivery must be sent to the following address:

    LILLYDOO GmbH
    Märkische Allee 15
    D - 14979 Großbeeren
  7. The return delivery takes place – with enclosure of the completed returns slip – inside of 2 weeks after notification.
  8. LILLYDOO shall reimburse the customer for the purchase price within 14 days of return delivery.

    In cases of exchange, LILLYDOO shall send the new products in accordance with the terms of delivery and payment contained in these Terms and Conditions within 14 days of return delivery of the exchanged goods and shall offset the customer’s claim to reimbursement of the purchase price with LILLYDOO’s new claim to payment.

14. Disclaimer of liability

The liability of the provider in the event of slightly negligent breach of Contract shall be restricted to predictable, direct damage that is typical of this kind of Contract and the type of goods. In particular, the provider shall not be liable for loss of profit or other monetary damage incurred by the customer. The disclaimer of liability applies also to liability for tortious actions.

The disclaimer of liability does not apply to compensation claims on the part of the customer due to violations of life, limb, health or essential contractual obligations that are necessarily required in order to fulfil the purpose of the Contract. Moreover, the disclaimer of liability does not apply to compensation claims based on gross negligence or wilful intent in the violation of contractual duties on the part of the provider, its legal representatives or vicarious agents.

This Item 14 applies also to legal representatives, employees or vicarious agents of the provider in the event that claims for compensation are lodged against these parties by the customer.

15. Contractual language, applicable law and place of jurisdiction

15.1

The contractual language is German. The execution of the contractual relationship shall take place in German

15.2

Exclusively the laws of the Federal Republic of Germany shall apply, with exclusion of the UN Convention on the International Sale of Goods (CISG). This shall only apply to consumers insofar as it does not restrict compulsory legal obligations in the country in which the customer maintains his or common place of residence.

15.3

The place of jurisdiction for all disputes with customers that are not consumers arising from or in connection with the order shall be the domicile of the provider.

This applies equally to consumers who at the time of contractual conclusion have their domicile or common place of residence in the Federal Republic of Germany, but who after the time of contractual conclusion relocate their domicile common place of residence to a different country. The same applies to consumers whose domicile or common place of residence is unknown when a lawsuit is commenced.

16. Consumer dispute resolution and general disclosure obligations according to section 36 VSGB

16.1

The European Commission provides for an online dispute resolution platform, which you can access here: www.ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us at service@lillydoo.com.

16.2

Furthermore, we inform, that we are not obligated and not willed to participate in a dispute resolution in front of an arbitration board according (§36 VSGB).

17. Right of modification

LILLYDOO is entitled to modify these Terms and Conditions or other terms. The Terms and Conditions applicable at the time the order is placed shall apply in all cases. Changes in subscriptions initiated by the customer (e.g. sizes, designs or delivery intervals) shall be considered individual orders.


18. Severability clause

The ineffectiveness of any provision of these Terms and Conditions is without prejudice to the effectiveness of the other provisions.


Click here for all of the provisions of the German Civil Code (BGB) and other laws quoted in these Terms and Conditions.