General Terms and Conditions

§ 1 Applicability, Definitions

(1) Mom’s Garden GmbH, Bismarckstraße 37, 66121 Saarbrücken, Germany (hereinafter: “we” or “Inne Kids”) operates an online shop for goods at https://inne-kids.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise. (2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Formation of Contracts, Storage of Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online shop at https://inne-kids.de/en/. (2) Our product listings on the internet are non-binding and do not constitute a binding offer to conclude a contract. (3) Upon receipt of an order in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding products by clicking the corresponding button (e.g. “Add to cart”, “Add to bag”, etc.),
3. Review of the items in the shopping cart,
4. Accessing the order summary by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “View order summary”, etc.),
5. Entering/reviewing address and contact details, selecting the payment method, confirming the T&Cs and cancellation policy,
6. Where the agreed condition of the goods deviates from their usual condition and prerequisites for use, confirmation of a negative quality agreement,
7. Completing the order by clicking the “Buy now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us within three business days to the email address provided.

(4) In the event of a contract being concluded, the contract is formed with Mom’s Garden GmbH, Bismarckstraße 37, 66121 Saarbrücken, Germany. (5) Prior to placing the order, the contract data may be printed using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract — in particular the order data, T&Cs, and cancellation policy — is carried out by email after you place the order, partly in an automated manner. We do not store the contract text after the contract has been concluded. (6) Input errors can be corrected using the standard keyboard, mouse, and browser functions (e.g. the browser’s “Back” button). They can also be corrected by terminating the ordering process early, closing the browser window, and repeating the process. (7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly by automated email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed, and in particular that it is not blocked by spam filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract is our online store:

1. The sale of goods. The specific goods on offer can be found on our product pages.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. (2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. (3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview. (4) All products offered are ready for dispatch within 10 working days (delivery time: national 2-4 working days, Europe 4-10 working days, international 10-15 working days after receipt of payment), unless otherwise stated in the product description. (5) The following delivery area restrictions apply: China (Mainland), Hong Kong SAR China, Macau SAR China, Taiwan China. Delivery is made to the following countries: Afghanistan, Egypt, Åland, Albania, Algeria, American Samoa, American Virgin Islands, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Equatorial Guinea, Argentina, Armenia, Aruba, Azerbaijan, Ethiopia, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Sint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Islands, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Chile, Cook Islands, Costa Rica, Curaçao, Denmark, Germany, Dominica, Dominican Republic, Djibouti, Ecuador, El Salvador, Ivory Coast, Eritrea, Estonia, Eswatini, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern and Antarctic Territories, Gabon, Gambia, Georgia, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Honduras, India, Indonesia, Iraq, Iran, Ireland, Iceland, Isle of Man, Israel, Italy, Jamaica, Japan, Yemen, Jersey, Jordan, Cayman Islands, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Kenya, Kyrgyzstan, Kiribati, Cocos Islands (Keeling Islands), Colombia, Comoros, Congo-Brazzaville, Congo-Kinshasa, Croatia, Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Morocco, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua, Netherlands, Niger, Nigeria, Niue, North Korea, Northern Mariana Islands, North Macedonia, Norfolk Island, Norway, Oman, Austria, East Timor, Pakistan, Palestinian Territories, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Réunion, Rwanda, Romania, Russia, São Tomé and Príncipe, Saint Barthélemy, Saint Martin (Dutch part), Saint Pierre and Miquelon, Solomon Islands, Zambia, Samoa, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, Spain, Spitzbergen and Jan Mayen, Sri Lanka, St. Helena, St. Kitts and Jan Mayen, Zimbabwe. Helena, St. Kitts and Nevis, St. Lucia, St. Martin (French part), St. Vincent and the Grenadines, St. Lucia. Vincent and the Grenadines, South Africa, Sudan, South Georgia / Sandwich Islands, South Korea, South Sudan, Suriname, Syria, Tajikistan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Chad, Czech Republic, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, Hungary, United States (US) Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, United Kingdom, Vietnam, Wallis and Futuna, Christmas Island, Western Sahara, Central African Republic, Cyprus. (6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of revocation, the provision made by us in the revocation instructions shall apply to the return costs.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. (2) The goods shall remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Contract language

The contract language is exclusively German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence. (2) We shall have limited liability in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.

§ 9 Warranty/Customer Service

(1) The warranty shall be governed by the statutory provisions. (2) In relation to entrepreneurs, the warranty period for delivered goods shall be at most until the end of the product’s shelf life. (3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims. (4) Our customer service for questions, complaints and objections is at your disposal Mon.-Fri. from 08-15 o’clock Phone: 0681 59099843 E-Mail: info@inne-kids.de.

§ 10 Right of withdrawal (for consumers)

Consumers have a statutory right of withdrawal. Cancellation policy You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day, on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must contact us: Mom’s Garden Bismarckstr. 37 66121 Saarbrücken E-Mail: info@inne-kids.de of your decision to withdraw from this contract by an unequivocal statement (e.g. by e-mail or post). To meet the withdrawal deadline, it is sufficient for you to send the notification before the deadline expires. Consequences of revocation If you withdraw from this contract, we must refund all payments that we have received from you, including delivery costs (with the exception of additional costs), immediately and at the latest within fourteen days. For this refund, we will use the same means of payment that you used for the original transaction. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods. You must return the goods to us immediately and in any case within fourteen days at the latest. The customer shall bear the costs of the return shipment   The right of withdrawal does not exist or expires prematurely for contracts: for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery This applies in particular to food supplements if the original seal has been opened.

§ 11 Returns (voluntary regulation)

Irrespective of the statutory right of withdrawal, we offer you a voluntary return policy. Requirements for returns: * Returns are possible within 14 days of receipt of the goods * The goods must be unused, unopened and originally sealed * The goods must be in perfect condition Special note on food supplements: For reasons of health protection and hygiene, opened or unsealed food supplements cannot be taken back. Return costs: The customer bears the costs of the return shipment. Return procedure: Please contact us via the return form before returning the goods. You will also find the link in the footer. Return address: Mom’s Garden Bismarckstr. 37 66121 Saarbrücken

§ 12 Final provisions/dispute resolution

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. (3) 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 arising from contractual relationships between the customer and the provider is the registered office of the provider.