CONDITIONS
1. SCOPE & DEFINITIONS
(1) The following general terms and conditions apply to the sales contracts concluded via this web shop, between you (consumer) and us, Middle Child GbR,
Rosenallee 9, 20097 Hamburg
(2) A consumer is any natural person who concludes a legal transaction for purposes that are not attributed to their commercial or independent professional activity (§ 13 BGB). You are considered an entrepreneur if you act in the course of your commercial or independent professional activity when completing the purchase (§ 14 BGB).
(3) The contract language is English.
2. CONCLUSION OF CONTRACT
(1) The following regulations regarding the conclusion of a contract apply to orders via our internet shop: middlechildworld.com
(2) In case of the conclusion of a contract, the contract concludes with Middle Child GbR Rosenallee 9, 20097, Hamburg
(3) The presentation of goods in our internet shop does not constitute a legally binding contract offer on our part but is merely a non-binding invitation to the customer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) The following rules apply when an order is received in our internet shop: The consumer submits a binding contract offer by successfully completing the ordering procedure provided in our internet shop.
The order takes place in the following steps:
(1) Select products from our range and collect then in a virtual shopping cart using the “Add to cart” button.
(2) The content of the shopping cart can be viewed and changed at any time by clicking on the corresponding shopping cart symbol.
(3) To continue the ordering process, click the “Check out” button to start entering your personal data.
(4) The shipping information entered, and the corresponding shipping method are displayed for review via the “Continue to shipping” button.
(5) By clicking on the “Continue to payment” button, you will be prompted to enter your data for the credit card payment method, or to authenticate yourself via your PayPal user account and complete the ordering process via PayPal.
(6) You can use the “Review order” button to check all the data you have entered and, if necessary, to change or cancel it. You can also cancel the ordering process at any time by closing your internet browser.
(7) By clicking the “Pay now” button, you make a binding offer to conclude a purchase contract for the products last in the shopping cart.
(8) Alternatively, we offer an “express checkout” using ApplePay, PayPal & Credit card. If you are registered with one of these payment service providers, you can identify yourself via your user account and complete the ordering process via one of these providers.
(5) We immediately confirm receipt of the order by an automatically generated email („confirmation of receipt“). This confirmation of receipt does not constitute acceptance of your offer.
(6) A contract is concluded when we confirm your offer by email or deliver the ordered products and announce the shipment to you by email (shipping confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the goods listed in the resprective shipping confirmation is concluded for each shipping confirmation. There is no claim to the acceptance of your purchase offer. Exception: If we ask you to pay the purchase price immediately after placing the order and you have not yet received an order confirmation / shipping confirmation at this time, we will implicitly accept your offer by making this payment request.
(7) Storage of the contract text for orders via our internet shop: We will send you the order data by email. The contract text for your order is not saved and cannot be called up after the contract has been concluded.
3. PRICES, SHIPPING COSTS
(1) The prices given are final prices including sales tax. The amount that is shown at the time of the binding order applies.
(2) There are also shipping costs that depend on the delivery location, weight and size of the goods ordered. In the case of partial deliveries, the shipping costs only apply to the first partial delivery. If the partial deliveries are made at your request, we calculate shipping costs for each partial delivery.
4. DELIVERY, AVAILABILITY OF GOODS
(1) Each order is processed within a max. of 10 days after receipt of order. Delivery time varies by country. We accept no liability for any different delivery times of the shipping company. The time limit for processing in the case of payment via Apple Pay, PayPal & Credit card begins on the day after the payment order. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item also passes to the buyer only when the item is handed over to the buyer.
(3) We always strive for sufficient availability of the goods offered in our internet shop. We ask for your understanding that constant availability cannot be guaranteed. In the event of temporary unavailability, the customer will be informed by email – stating the expected delivery time. In the event of a delay in delivery, you (customer) and we (Middle Child GbR) have the right to withdraw from the contract at any time. We will immediately reimburse payments already made on your part. If the goods are permanently not available, we refrain from a declaration of acceptance. A contract is not concluded in this case.
5. PAYMENT
(1) You can make the payment by Apple Pay, PayPal & Credit card and also in countries where this is available and only if you are using a Safari browser.
The payment of the purchase price is payable immediately upon conclusion of the contract.
(2) We reserve the right to refuse a payment method you have chosen and to make the delivery dependent on another payment method. If you refuse to pay using the payment method we have chosen, we are entitled to withdraw from the contract.
(3) If you are paying with PayPal, you will be automatically redirected to the PayPal page for the payment function. There you can log in with your login data and then confirm the payment. The debit is made by ApplePay, PayPal & Credit card – depending on which of the means of payment you have deposited there. If you do not have a PayPal account yet, you can create a corresponding account on the providers’ website.
(4) When paying with Apple Pay, you legitimize yourself with the login data and then confirm the payment after checking the address and other information. The debit is made with the payment method stored and selected with Apple Pay.
(5) If the purchase price is rejected via ApplePay, PayPal & Credit card by the account / card-holding institute, you will automatically be in default. Even without a further reminder, you are then additionally obliged to pay the statutory default interest in the amount of five
(6) percentage points above the respective base interest rate announced by the European Central Bank and further default damage, in particular the further collection costs. If we can demonstrably incur a higher damage caused by delay, we are entitled to assert this.
6. RESERVATION OF OWNERSHIP
We reserve ownership of the goods until full payment of the purchase price.
7. RIGHT OF WITHDRAWAL
8. Consumers are entitled to a right of withdrawal. You can find information on this at: https://www.middlechildworld.com/kontakt
WARRANTY, TRANSPORT DAMAGE
(1) We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) If products are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately Failure to make a complaint or contacting will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. RETURNS
(1) We would like to point out that the goods we sell are products that partly consist of fragile components and must therefore be handled with care. We therefore recommend that you use the original packaging whenever possible, even if it already has been opened. You are not obliged to use the original packaging and your rights (especially the right of withdrawal) are not restricted or excluded. However, by returning the goods in the original packaging, you can prevent us from having to demand compensation from you due to the missing original packaging.
(2) We would like to point out that you have to compensate for any damage caused by improper packaging during the return transport to us (e.g. as a result of a withdrawal).
10. LIABILITY
(1) In the event of slight negligence, we are only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb and health as well as an intentional or grossly negligent breach of duty. We are not liable for any other slight negligent damage caused by a defect in the object of purchase. The provisions of the Product Liability Act remain unaffected.
(2) Our liability remains unaffected regardless of our fault in the case of fraudulent concealment of the defect or the assumption of a guarantee.(3) We are also responsible for the impossibility of delivery that occurs by chance during our delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The restrictions in paragraphs (1) to (3) also apply to our legal representatives and various agents if claims are made directly against them.
(5) All instructions on the packaging and instructions for use must be observed. No liability is accepted for any other use and / or handling.
11. CONSUMER DISPUTE RESOLUTION
We would like to point out that we are not obliged to participate in a dispute settlement procedure before a consumer before a Consumer Arbitration Service and are not willing to do so. Rather, we always endeavor to resolve any conflicts with our customers ourselves. Please contact our customer service https://www.middlechildworld.com/kontakt
12. FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, if (a) you have your habitual residence in Germany or (b) your habitual residence is in a country that is not a member of the European Union. In the event that you are habitually resident in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) If, contrary to your information, you do not have a place of residence in the Federal Republic of Germany when you place your order, or if you move abroad after the contract has been concluded, or if your place of residence is unknown at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the Frankfurt/Main contractual relationship.
(3) Should individual provisions of this contract be or become ineffective or void in whole or in part, this does not affect the validity of the rest of the contract. The parties undertake to replace the ineffective or void provision that comes as close as possible to the intended economic purpose. The same applies in case of an omission.
(1) The following general terms and conditions apply to the sales contracts concluded via this web shop, between you (consumer) and us, Middle Child GbR,
Rosenallee 9, 20097 Hamburg
(2) A consumer is any natural person who concludes a legal transaction for purposes that are not attributed to their commercial or independent professional activity (§ 13 BGB). You are considered an entrepreneur if you act in the course of your commercial or independent professional activity when completing the purchase (§ 14 BGB).
(3) The contract language is English.
2. CONCLUSION OF CONTRACT
(1) The following regulations regarding the conclusion of a contract apply to orders via our internet shop: middlechildworld.com
(2) In case of the conclusion of a contract, the contract concludes with Middle Child GbR Rosenallee 9, 20097, Hamburg
(3) The presentation of goods in our internet shop does not constitute a legally binding contract offer on our part but is merely a non-binding invitation to the customer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) The following rules apply when an order is received in our internet shop: The consumer submits a binding contract offer by successfully completing the ordering procedure provided in our internet shop.
The order takes place in the following steps:
(1) Select products from our range and collect then in a virtual shopping cart using the “Add to cart” button.
(2) The content of the shopping cart can be viewed and changed at any time by clicking on the corresponding shopping cart symbol.
(3) To continue the ordering process, click the “Check out” button to start entering your personal data.
(4) The shipping information entered, and the corresponding shipping method are displayed for review via the “Continue to shipping” button.
(5) By clicking on the “Continue to payment” button, you will be prompted to enter your data for the credit card payment method, or to authenticate yourself via your PayPal user account and complete the ordering process via PayPal.
(6) You can use the “Review order” button to check all the data you have entered and, if necessary, to change or cancel it. You can also cancel the ordering process at any time by closing your internet browser.
(7) By clicking the “Pay now” button, you make a binding offer to conclude a purchase contract for the products last in the shopping cart.
(8) Alternatively, we offer an “express checkout” using ApplePay, PayPal & Credit card. If you are registered with one of these payment service providers, you can identify yourself via your user account and complete the ordering process via one of these providers.
(5) We immediately confirm receipt of the order by an automatically generated email („confirmation of receipt“). This confirmation of receipt does not constitute acceptance of your offer.
(6) A contract is concluded when we confirm your offer by email or deliver the ordered products and announce the shipment to you by email (shipping confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract for the goods listed in the resprective shipping confirmation is concluded for each shipping confirmation. There is no claim to the acceptance of your purchase offer. Exception: If we ask you to pay the purchase price immediately after placing the order and you have not yet received an order confirmation / shipping confirmation at this time, we will implicitly accept your offer by making this payment request.
(7) Storage of the contract text for orders via our internet shop: We will send you the order data by email. The contract text for your order is not saved and cannot be called up after the contract has been concluded.
3. PRICES, SHIPPING COSTS
(1) The prices given are final prices including sales tax. The amount that is shown at the time of the binding order applies.
(2) There are also shipping costs that depend on the delivery location, weight and size of the goods ordered. In the case of partial deliveries, the shipping costs only apply to the first partial delivery. If the partial deliveries are made at your request, we calculate shipping costs for each partial delivery.
4. DELIVERY, AVAILABILITY OF GOODS
(1) Each order is processed within a max. of 10 days after receipt of order. Delivery time varies by country. We accept no liability for any different delivery times of the shipping company. The time limit for processing in the case of payment via Apple Pay, PayPal & Credit card begins on the day after the payment order. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item also passes to the buyer only when the item is handed over to the buyer.
(3) We always strive for sufficient availability of the goods offered in our internet shop. We ask for your understanding that constant availability cannot be guaranteed. In the event of temporary unavailability, the customer will be informed by email – stating the expected delivery time. In the event of a delay in delivery, you (customer) and we (Middle Child GbR) have the right to withdraw from the contract at any time. We will immediately reimburse payments already made on your part. If the goods are permanently not available, we refrain from a declaration of acceptance. A contract is not concluded in this case.
5. PAYMENT
(1) You can make the payment by Apple Pay, PayPal & Credit card and also in countries where this is available and only if you are using a Safari browser.
The payment of the purchase price is payable immediately upon conclusion of the contract.
(2) We reserve the right to refuse a payment method you have chosen and to make the delivery dependent on another payment method. If you refuse to pay using the payment method we have chosen, we are entitled to withdraw from the contract.
(3) If you are paying with PayPal, you will be automatically redirected to the PayPal page for the payment function. There you can log in with your login data and then confirm the payment. The debit is made by ApplePay, PayPal & Credit card – depending on which of the means of payment you have deposited there. If you do not have a PayPal account yet, you can create a corresponding account on the providers’ website.
(4) When paying with Apple Pay, you legitimize yourself with the login data and then confirm the payment after checking the address and other information. The debit is made with the payment method stored and selected with Apple Pay.
(5) If the purchase price is rejected via ApplePay, PayPal & Credit card by the account / card-holding institute, you will automatically be in default. Even without a further reminder, you are then additionally obliged to pay the statutory default interest in the amount of five
(6) percentage points above the respective base interest rate announced by the European Central Bank and further default damage, in particular the further collection costs. If we can demonstrably incur a higher damage caused by delay, we are entitled to assert this.
6. RESERVATION OF OWNERSHIP
We reserve ownership of the goods until full payment of the purchase price.
7. RIGHT OF WITHDRAWAL
8. Consumers are entitled to a right of withdrawal. You can find information on this at: https://www.middlechildworld.com/kontakt
WARRANTY, TRANSPORT DAMAGE
(1) We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) If products are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately Failure to make a complaint or contacting will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. RETURNS
(1) We would like to point out that the goods we sell are products that partly consist of fragile components and must therefore be handled with care. We therefore recommend that you use the original packaging whenever possible, even if it already has been opened. You are not obliged to use the original packaging and your rights (especially the right of withdrawal) are not restricted or excluded. However, by returning the goods in the original packaging, you can prevent us from having to demand compensation from you due to the missing original packaging.
(2) We would like to point out that you have to compensate for any damage caused by improper packaging during the return transport to us (e.g. as a result of a withdrawal).
10. LIABILITY
(1) In the event of slight negligence, we are only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb and health as well as an intentional or grossly negligent breach of duty. We are not liable for any other slight negligent damage caused by a defect in the object of purchase. The provisions of the Product Liability Act remain unaffected.
(2) Our liability remains unaffected regardless of our fault in the case of fraudulent concealment of the defect or the assumption of a guarantee.(3) We are also responsible for the impossibility of delivery that occurs by chance during our delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The restrictions in paragraphs (1) to (3) also apply to our legal representatives and various agents if claims are made directly against them.
(5) All instructions on the packaging and instructions for use must be observed. No liability is accepted for any other use and / or handling.
11. CONSUMER DISPUTE RESOLUTION
We would like to point out that we are not obliged to participate in a dispute settlement procedure before a consumer before a Consumer Arbitration Service and are not willing to do so. Rather, we always endeavor to resolve any conflicts with our customers ourselves. Please contact our customer service https://www.middlechildworld.com/kontakt
12. FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, if (a) you have your habitual residence in Germany or (b) your habitual residence is in a country that is not a member of the European Union. In the event that you are habitually resident in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) If, contrary to your information, you do not have a place of residence in the Federal Republic of Germany when you place your order, or if you move abroad after the contract has been concluded, or if your place of residence is unknown at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the Frankfurt/Main contractual relationship.
(3) Should individual provisions of this contract be or become ineffective or void in whole or in part, this does not affect the validity of the rest of the contract. The parties undertake to replace the ineffective or void provision that comes as close as possible to the intended economic purpose. The same applies in case of an omission.