General Terms and Conditions and Distance Selling InformationSect. 1 Seller/Scope of applicationThe Seller and your contracting partner is bellybutton International GmbH, represented by its managing director Astrid Schulte, Donnerstraße 20, 22763 Hamburg, registered at the local court Amtsgericht Hamburg HRB 69301, VAT ID no. DE198297177, Tel: +49 (0)40 - 548068-0, Fax: +49 (0)40 - 548068-79, info@bellybutton.de, (hereinafter bellybutton). The business relations between you and bellybutton are subject exclusively to the General Terms and Conditions set out herein-below in the version that is in effect at the time of placing the order. bellybutton does not accept or acknowledge any deviating or contrary terms and conditions of the Ordering Party, unless we expressly agree to their applicability in advance in writing. Sect. 2 Conclusion of contract / contractual language and text All offers are subject to change. An order constitutes an offer to us to conclude a purchase contract („Your Contractual Declaration“). If you purchase on the Internet under www.bellybutton.de, we provide detailed information on our „Help page“ under the menu option „Order process: How to order at bellybut-ton?“ on how to select the goods presented on our product display page, how to place them in the „Basket“ and how to place an order. Entry errors can be corrected in the basket by deleting the check marks placed beside the products or by clicking the button „Delete all goods ticked“, before completing the order process. By clicking the button „Send order“ on the last page of the online order form under „Order“, you make a binding offer for the conclusion of a purchase contract relating to the items you placed in your basket. A purchase contract is concluded no earlier than upon delivery of the goods. The contract is concluded in the German language, and for orders placed at www.bellybuttoninternational.com the English language is available, too. The wording of the contract (your order data and these present General Terms and Conditions) is saved by us and transmitted to you together with the delivery of the goods, at the latest. The General Terms and Conditions are accessible at all times at www.bellybutton.de and/or www.bellybuttoninternational.com. Sect. 3 Limitations on offers We do not offer products for sale to underage persons. Likewise, our products for children may be purchased by adults only. Our items are sold to customers who buy from us for purposes that are not attributable to their commercial or self-employed professional activity (consumer as defined by Sect 13 BGB (German Civil Code)) only in standard household quantities. Sect. 4a Legal notice on consumers’ right of revocation If you are ordering as a consumer you are entitled to the following cancellation rights in accordance with the following notice: Legal notice on the right of revocation Right of revocation You may revoke your Contractual Declaration within a 14 day period in text form (e.g. letter, facsimile, email), or – if the item is delivered to you prior to the end of the period – by sending the item back. The period commences upon receipt of this notification in text form, however not prior to the receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not prior to the receipt of the first partial delivery), and not before fulfilment of our duty to provide information pursuant to Art. 246 Sect. 2 in conjunction with Sect. 1 (1) and (2) EGBGB, and our duties under Sect. 312e (1) Sentence 1 BGB in conjunc-tion with Art. 246 Sect 3 EGBGB. The timely dispatch of the notice of revocation or the goods shall be sufficient for observance of the revocation period. The no-tice of revocation shall be addressed to: Return address Germany PVS Fulfilment Service GmbH Retoure bellybutton Werner-Haas-Straße 5 74172 Neckarsulm Facsimile: +49 (0) 180/5 88 55 82 (0,14€/minutes from the German fixed network, max. € 0.42 per minute from the German mobile network) Email: kundencenter@bellybutton.de Return address Austria PVS Retourenservice bellybutton Paketfach 51 6965 Wolfurt Austria Email: kundencenter@bellybutton.de In the case of furniture orders, the revocation shall be addressed to our cooperation partner: Pinolino Kinderträume GmbH Sprakeler Straße 397 48159 Muenster Fax: +49 (0) 251 – 2 39 29-11 oder Email: service@pinolino.de Consequences of revocation In the event of effective revocation, each Party shall return benefits already received and shall surrender any gains (e.g. interest) derived. If you are not able to fully or partly return the received benefits, or only able to return them in a condition of deterioration, you will be obliged to pay us compensation. In the case that goods are delivered, this shall not apply if the deterioration is exclusively caused by examining them – as you would in a store, for example. For the rest, you are able to prevent liability to pay compensation for any deterioration of the object caused by using it according to its purpose, by not using the object as your property and by refraining from anything that adversely affects its value. Goods suitable for dispatch as parcels may be returned at our cost and risk. Goods that cannot be dispatched as parcels will be collected from your address. Obligations to refund payments shall be fulfilled within 30 days. The payment period commences on the date of issuing your notice of revocation or of dispatching the goods, for us on the date of receipt thereof. End of the notice on revocation Sect 4b Returns from other countries/Contact points for queries relating to returns In the case of returns from foreign countries, the Customer shall bear the return postage (excluding Austria). For queries please contact our customer service centre at: D: 0180/5 88 55 81 (0.14€/minutes from the German fixed network, max. € 0.42 per minute from the German mobile network) A: 0820/320 235 (0.20€/minutes from the Austrian fixed network, mobile network charges may vary) CH: 0840/88 55 81 (0.08CHF/minutes from the Swiss fixed network, mobile network charges may vary) Sect. 5 Delivery address/Reservation of delivery of goods from our supplier We deliver to the designated delivery address. The delivery address may differ from the invoice address. In this case, cash-on-delivery orders are excluded. The invoice address must contain the home address of the Ordering Party. A packing station or a P.O. box may not be named as invoice address. Packing stations or P.O. boxes may only be named in the delivery address. Our delivery obligation is subject to the reservation of timely and proper delivery of the goods by our supplier, if, prior to concluding the contract with you, we ordered a quantity of the goods from our pre-supplier that as a minimum is the equivalent of the amount ordered by you, and if our pre-supplier fails to supply the goods through no fault of our own. In the case of the non-availability of the goods, we will notify you, and refund any consideration already paid, without undue delay. Sect. 6 Payment/Prices/Shipment costs/Delivery times On principle, you can select from the following forms of payment: on account (invoice), direct debit, credit card, and cash-on-delivery. In the case of domestic orders with a mer-chandise value exceeding 500,00 EUR, and for all orders from foreign countries, we only accept payment by credit card. If payment is by direct debit or credit card, the invoice amount will be debited to your account on the tenth day following our receipt of your order; in the case of orders from foreign countries on the day of dispatching the goods; in the case of children’s’ furniture on the day of our receipt of the order. Please ensure that sufficient funds are available on your account at the time of the debit booking; any costs in-curred by a return debit of the invoice amount (return-debiting-fees) will be for your account. All prices are inclusive of the statutory value added tax (VAT). The amounts of any additional shipment costs and our delivery times are specified in the following table: 
Sect. 7 Reservation of title
Ownership of all goods shall remain with us until full payment of the invoice amount, including all additional costs. The Buyer may use the goods within the usual course of busi-ness, however he/she may neither pledge or mortgage them nor assign them to a third party as security. Sect. 8 Use of customer data/consent to creditworthiness check bellybutton processes and uses your customer data, such as first name, name, date of birth, invoice and delivery address, email address, and bank and credit card details, for the purpose of processing orders and payment processes. In addition, we use your data to communicate with you regarding your orders, to update our data records, and keep your customer accounts with us. We will only use your data for information on bellybutton products that are similar to your order, if you expressly authorise us to do so. By ordering with bellybutton, you consent to your personal data (name, address, date of birth) being transmitted to Infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden and INFORMA Unternehmensberatung GmbH, Freiburger Str. 7, 75179 Pforzheim („credit inquiry agencies“), from whom we receive information and creditworthiness data based on mathematical statistical procedures (Score value), for the purpose of carrying out creditworthiness checks. We will save the information and creditworthiness data obtained for a maximum term of six months and subsequently delete it. Moreover, you consent to bellybutton transmitting to said credit inquiry agencies personal information relating to any conduct in contravention of the contract (e.g. card abuse, filings for service of a payment order for undisputed claims), only insofar as required for safeguard-ing bellybutton’s legitimate interests and as your protected interests are not adversely affected. The credit inquiry agencies save the data to provide the companies that have signed up to them with information to assess the creditworthiness of customers. They only transfer such data to their contracting partners if and inasmuch as the latter are able to provide credible evidence of a legitimate interest in the data transfer. You are entitled to demand that the credit inquiry agencies named disclose to you the information saved on your behalf. Under the provisions of the Federal Data Protection Act you are entitled to demand that data relating to your person is disclosed to you, and that it be rectified, blocked, or deleted, free of charge. Our comprehensive data protection policy is available under http://www.bellybutton.de/datenschutz.html. Sect. 9 Claims based on defects/Liability In the case that the goods are defective at the time of delivery, you may initially demand subsequent performance under the statutory provisions. If subsequent performance fails, you are entitled at your discretion to either reduce the purchase price or withdraw from the contract. Your claims for damages are subject to the following provisions: We are liable without limitation under the statutory provisions for any injury to life, the body, or health, caused by a wilful or grossly negligent breach of obliga-tions. We are liable for property damage and financial loss if caused through our wilful intent or gross negligence. If we breach a primary contractual obligation or a cardinal obligation, i.e. an obligation the fulfilment of which is essential to the due and proper performance of the contract and on the observance of which you may regularly rely, we shall be liable for damage to property and financial loss even in cases of slight negli-gence. The same applies if you are entitled to compensation of the damage instead of performance. In the event of a breach of a primary contractual obligation or a cardinal obligation through slight negligence, our liability is limited to the foreseeable damage that is typical for the contract. The above limitations of liability shall also apply if incidentally we are unable to deliver at a time at which we are in default, or at which you raise other claims, in particular on the grounds of tort or a claim for reimbursement of expenses instead of performance. They shall not apply if we have given a warranty or are liable under the Product Liability Act. For the rest, our liability is excluded. In the event that we are liable, or our liability is limited or excluded, this shall apply likewise to damage caused through breaches of our employees’, workers’, staffs’, representatives’, and auxiliary persons’ obligations. Sect. 10 Disposing of packages We are obliged under the provisions of the German Packaging Regulation (Verpackungsverordnung) to take back the packaging of our products that does not bear the symbol of a nationwide disposal system (e.g. „Grüner Punkt“ of Duales System Deutschland AG or the „RESY“ symbol), and to arrange for it to be recycled or disposed of. For more information on packing returns, please contact our customer service centre under tel. +49 180/5 88 55 81 (0.14€/minutes from the German fixed network, max. € 0.42 per minute from the German mobile network). Sect. 11 Copyright Copyright bellybutton International GmbH. All rights reserved. Texts, images, and other works, displayed on our website and in our catalogues are subject to copyright protection and other industrial property rights and legislation. The utilisation, exploitation, in particular copying and dissemination, of single or several protected contents of our web-site/catalogues, and their public reproduction for commercial reasons, is prohibited unless we have granted our express prior written approval. Sect. 12 Place of jurisdiction, applicable law If the Ordering Party is a merchant, the place of jurisdiction is our registered office in Hamburg. German law applies. This choice of law only applies to consumers insofar as they are not thereby deprived of the protection afforded to them by the mandatory rules of the state in which they have their habitual residence. The UN Convention on Contracts for the International Sale of Goods is excluded. bellybutton International GmbH PF 50 02 69 D-22702 Hamburg Telephone: +49 (0)40/548068-0 www.bellybutton.de www.bellybuttoninternational.com June 2010 |
