Legal notice – Information according to § 5 of the German Telemedia Act (Telemediengesetz – TMG)

Fofolino GmbH
Rathausufer 23
40213 Düsseldorf
info[a]fofolino.com
Telephone +49 160 95073760

Represented by:
Chief Executive Officer: Eugenie Haniel

Company Domicile:
Court of Registration: Düsseldorf
Register Number: HRB77764
Tax Number: 5103/5727/2913
Sales Tax ID: DE815634061

Disclaimer:

Liability for content

The contents of our site were created with the utmost care. As a service provider, we are responsible pursuant to § 7 (1) TMG for our own content on this site according to general legislation. According to §§ 8 to 10 TMG, as a service provider we are not, however, obligated to monitor transferred or stored external information or to research circumstances which suggest illegal activity. Obligations to remove or block the use of information according to general legislation remain unaffected by this. Any liability in this respect is, however, only possible from the time at which a definite violation of law is discovered. If such violations of law are found, we shall immediately remove this content.

Liability for links

Our offer contains links to external websites of third parties, on the contents of which we have no influence. We therefore cannot undertake a guarantee for these external contents. The respective provider or operator of the site is invariably responsible for the content of linked pages. The linked sites were checked at the time of linking for possible legal violations. Illegal contents were not identifiable at the time of linking. However, permanent monitoring of the contents of linked pages is unreasonable without definite indications of a violation of law. If violations are found, we will remove such links immediately.

Copyright

The content and works created by the site operator for this site are subject to German copyright law. Any reproduction, processing, distribution and any form of application outside the boundaries of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. If the contents of this site were not created by the operator, the copyrights of third parties must be observed. The contents of third parties shall be expressly identified as such. Should you nevertheless become aware of a copyright infringement, we request appropriate notification. If violations are found, we shall remove such content immediately.

The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/.
Users have the opportunity to use this platform to resolve their disputes.

General Terms and Conditions

Contractual terms for the purposes of purchasing agreements which are concluded via the platform http://fofolino.com

between

Fofolino GmbH, Rathausufer 23, 40213 Düsseldorf / Germany

– hereinafter referred to as the “Supplier” –

and

the users of this platform specified in § 2 of these General Terms and Conditions – hereinafter referred to as the “Customer/Customers”.

§ 1 Scope

The following General Terms and Conditions apply exclusively for the business relationship between the Supplier and the Customer in the version valid at the time of the order. Any other terms and conditions of the Customer shall not be recognised, unless the Supplier expressly approves their validity in writing.

§ 2 Conclusion of agreement

(1) The Customer can select products from the Supplier’s product range and compile these in a so-called shopping cart using the “Add to cart” button. By clicking the “Place order” button, the Customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the information at any time.

(2) The Supplier shall then send the Customer an automatic confirmation of receipt by e-mail with the subject “Your Fofolino order receipt”, in which the Customer’s order is specified again and which the Customer can print out using the “Print” function. The Customer’s order (1) hereby constitutes the offer to conclude an agreement with the respective content of the shopping cart. The confirmation of receipt (order confirmation) constitutes acceptance of the offer by the Supplier. The content of the order is summarised in this. In this email or in a separate email, however at the latest by delivery of the goods, the text of the agreement (consisting of order, General Terms and Conditions and order confirmation) shall be sent by us to the Customer on a durable medium (email or hard copy). The text of the content shall be stored under reserve of data protection.

(3) The conclusion of agreement shall take place in the following languages: German or English.

§ 3 Delivery, Availability of goods, Payment terms

(1) The delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), prior payment of the purchasing price provided.

(2) If the product specified by the Customer in the order is only temporarily unavailable, the Supplier shall notify the Customer immediately. If there is a delay in delivery of more than two weeks, the Customer has the right to

withdraw from the agreement. In this case the Supplier is also entitled to withdraw from the agreement. In this case the Supplier shall refund any payments already made to the Customer immediately.

(3) The following delivery restrictions apply: The Supplier shall deliver only to customers who have their habitual residence (billing address) in one of the following countries and can state a delivery address in the same country:

Australia, Austria, Belgium, Denmark, France, Germany, Netherlands, New Zealand, Norway, Republic of Ireland, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom (UK), United States (US).

(4) The Customer can make the payment by wire transfer, PayPal, SEPA Direct Debit Mandate.

(5) Payment of the purchasing price is due on conclusion of the agreement. If the payment due date is determined according to a calendar, the Customer shall be in default as soon as the payment deadline is missed.

§ 4 Retention of title

The delivered goods shall remain the property of the Supplier until complete payment of the purchasing price.

§ 5 Prices and shipping costs

(1) All prices quoted on the Supplier’s website include the applicable statutory VAT.

(2) The corresponding shipping costs shall be indicated to the Customer in the order form and are to be borne by the Customer.

§ 6 Warranty for material defects

(1) The Supplier is liable for material defects according to the statutory provisions applicable to this, in particular §§ 434 et seqq. of the German Civil Code (Bürgerliches Gesetzbuch – BGB). For companies, the warranty period amounts to 12 months after delivery of the goods by the Supplier.

(2) The Supplier states explicitly that the ordered goods my be delivered showing some variances in quality, condition, purity, colour, dimensions and other properties due to technically caused deviations. Insofar the Customer does not have a claim to any warranty right(s).

§ 7 Liability

(1) Claims for damages asserted by the Customer are excluded. This excludes claims for damages made by the Customer for injury to life, limb or health, or for the breach of essential contractual obligations (cardinal duties) as well as liability for other damages caused by deliberate or grossly negligent violation of duty by the Supplier, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the agreement.

(2) In the case of a violation of essential contractual obligations, the Supplier shall only be liable for contractually typical, foreseeable damages, if this was caused through slight negligence, unless the Customer’s claims for damages relate to injury to life, limb or health.

(3) The restrictions of para. 1 and 2 also apply to the Supplier’s legal representatives and vicarious agents, if claims are asserted directly against them.

(4) The provisions of the German Product Liability Act shall remain unaffected.

§ 8 Right to cancellation

You have the right to cancel this agreement within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the promoter, took possession of the goods.

In order to exercise your right to cancellation, you must inform us about your decision to cancel this Agreement (Fofolino GmbH, Rathausufer 23, D-40213 Düsseldorf; T+49 160 950 73760; info[a]fofolino.com) by means of a clear declaration (e.g. a letter sent by post, fax or email).

To comply with the cancellation period, it is sufficient for you to send notification about exercising the right to cancellation before expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must immediately refund you all payments that we have received from you, including delivery costs (except for the additional costs resulting from your having chosen a different type of delivery than the most reasonable standard delivery offered by us), at the latest within fourteen days from the date on which we received notification that you are cancelling this agreement. For this repayment we shall use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; on no account will you be charged fees due to this repayment. We can refuse to make repayment until we

have received the goods back, or you have provided evidence that you have sent back the goods, whichever is earlier.

You must send back or deliver the goods to us immediately, and in any case at the latest within fourteen days from the date on which you inform us about cancellation of this agreement. You have complied with the time period if you send the goods before expiry of the fourteen day period. Personalised articles are excluded from return and exchange.

We shall bear the costs of resending the goods. You must only pay for any loss of value of the goods if this loss of value is attributable to unnecessary handling by you for checking the nature, qualities and functionality of the goods.

Important notice:

The right to cancellation does not exist for the delivery of goods which are not pre-built and for the manufacture of which your individual selection or stipulation is essential or which are customised uniquely to your personal requirements (e.g. all burp cloths with individual fitting).

§ 9 Notes on data processing

(1) The Supplier shall collect the Customer’s data for the purposes of transacting agreements. The Supplier must expressly observe the provisions of the Federal Data Protection Act and the Telemedia Act. The Supplier shall

only collect, process or use inventory or usage data about the Customer without the Customer’s consent if this is necessary to transact the contractual relationship and to use and bill telemedia.

(2) The Supplier shall not use the Customer’s data for purposes of advertising, market research or opinion polling without the consent of the Customer.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany shall apply to agreements between the Supplier and the Customer, under exclusion of the UN Convention on Contracts for the International Sale of Goods as well as private international law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from the contractual relationships between the Customer and the Supplier shall be the registered office of the Supplier.

(3) The agreement shall remain binding in all other parts even if individual points become legally invalid. The statutory provisions shall take the place of the invalid points, if present. If this would constitute an undue hardship for a Contracting Party, the agreement shall become invalid in its entirety.