AGB-Terms and Conditions
Terms and conditions
For the relationships between “HumBird“, Franz-Schubert-Str. 4, 83404 Ainring, Germany, Owner: Mrs. Dawn Jesse and the customer, only those terms and conditions are valid. Opposing or deviating terms and conditions from these “Terms and Conditions“ are explicitly rejected. Any changes of terms and conditions are only valid by written consent.
The presentation of products in our online store is not a legally binding offer, but a catalog offer without obligation. After entering your personal data and clicking on the button "Order" in the final step of the ordering process, you make a binding order for the goods in your shopping cart. The confirmation of receipt of the order follows immediately after placing your order. The purchase comes with our delivery confirmation or delivery of goods. If there is no delivery confirmation or delivery within 2 weeks, please contact us and you are no longer bound to your order. All prices are in Dollar and include the legally applicable VAT in Germany. With a sales tax increase, we reserve a corresponding price increase. The prices are also exclusive shipping and packaging.
3. Reservation of title
The Company “HumBird“ reserves the ownership of all goods shipped to a buyer, until final and full payment of the purchase price and any shipping charges has been done. If there are third parties on the subject goods, the buyer will refer to the ownership of the company “HumBird“ and will notify “HumBird“ immediately. If the buyer defaults of payment or defaults other essential contractual obligations, the company “HumBird“ is entitled to withdraw from this contract and is entitled to demand back the goods. This is in accordance with § § 323, 440 BGB. As far as the company “HumBird “ under the warranty exchange a product, it is agreed today that the ownership of the mutually exchanged goods passes from the buyer on to the company “HumBird“ , or vice versa.
4. Delivery Passing of Risk
Unless otherwise agreed, the delivery will be delivered to the customer's address. The risk passes to the customer as soon as it has confirmed the receipt of the ordered products.
5. Defects / Warranty
Please check our supplies immediately after receiving the product and show us obvious defects immediately. You have a right to free repair and / or partial or complete replacement of the goods. Place of fulfillment is Ainring. At the time of transfer the company “HumBird“ ensures that the products are free from material defects, ie that they are suitable for ordinary use. The company “HumBird“ also ensures that the quality of the product correlates perfectly to the description in the online catalog. The warranty period is 30 days. It begins with the receipt of the goods by the buyer. In the case of the defect according to § 439 BGB, the purchaser can demand for remedy of the defect or for delivery of a product, which is free from defect. Under the § 439 BGB the Company may refuse the selected remedies by the buyer if it is only possible with disproportionate costs. If a repair to rectify the defect did not succeed in the context of the second attempt, the buyer under § 439 BGB is entitled to require the delivery of a product free from defect or reduce the purchase price or rescind the contract. The cancellation is excluded if the defect is minor and insignificant.
Condition for the warranty is that the defect did not arise due to improper use or overuse. In the event of a return the buyer will contact "HumBird" before sending the products back. The buyer shall pay for return postage. This creates additional costs to be borne by the purchaser in certain circumstances. Through the exchange of components or products no new limits of period of warranty come into force. The warranty is limited solely to the repair or replacement of damaged delivery items.
If returned goods are free of any fault, the buyer will be charged with the return carriage costs. In addition, the buyer will be charged with a restocking fee of 25% of the purchase price provided. Due to the intimate nature of diapers and diaper covers they can only be returned with all original tags still attached, in new and un-used condition, you must contact me within 3 days of receipt of article, and returns must be mailed with tracking number within 7 days of receipt of article.
Please note that made to order items are not returnable unless defective. If it is determined that the the item is defective due to misuse (i.e. washing incorrectly etc...) then no refund will be given.
6. Product Liability
The goods provided by us will be granted under EU law of product liability on the part of producers. Except for the product liability is damage caused by improper handling. 6.1 Product Liability The goods provided by us will be granted under EU law of product liability on the part of producers. Except for the product liability is damage caused by improper handling.
For sales in Germany, the rationale and execution of this agreement is governed by German law to the exclusion of private international law and UN-purchase right. If any provision of these Terms turn to be invalid, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective regulation, the parties will agree on the validity of an appropriate regime that have come the closest to what the parties intended, however, is permitted. The same applies to contractual loopholes. The amendments and supplements to this contract shall be in writing and this also applies to the amendment and addition of this clause. The jurisdiction for all disputes from this contract is solely Ainring. German law applies. Right of withdrawal You can rescind from this contract without giving reasons by writing or by reshipment of goods within 2 weeks. The time limit begins after receipt of this notification in writing (eg as a letter or e-mail), but not before receipt of the goods. To observe the time limit it is sufficient to send the goods or the return request. The inquiry of the return has to be sent to:
HumBird, owner Dawn Jesse
83404 Ainring, Germany
Outcome of withdrawal
For sales within the EU....In the case of an effective cancellation we will refund the price that you have paid for this product and you will return the product to the company “HumBird“. If a deterioration of the goods occur, compensation can be claimed. This does not apply if the deterioration of the product is exclusively on their examination. You can avoid the deterioration by the proper use and by omitting everything that reduce its value. The return is free for you. Obligations to reimburse payments must be made within 30 days. The deadline for you begins with the dispatch of the goods or the request for return, for us upon receipt.
For sales outside the EU returns are not excepted on Closeouts or all made to order items unless due to a defective product. All sales are covered for 90 days from defects (not from misuse). Returns on non-closeouts and made to order items are accepted within 30 days and a refund will be given upon receipt of the item minus all shipping costs and a 25% restocking fee. Shipping will not be refunded.
End of rights of withdrawal