Terms & Conditions
1. Applicability
These GTC apply to all contracts for the purchase of goods between Infantium Victoria GmbH and consumers (§ 13 BGB) or entrepreneurs (§ 14 BGB), regardless of the method of conclusion (online via www.infantiumvictoria.com, offline e.g. at trade fairs or through authorized agents), unless otherwise individually agreed. The GTC are accepted by written, electronic or verbal consent prior to conclusion of the contract.
2. Conclusion of Contract
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order. Online, the contract is concluded by clicking "Order" and confirmation by e-mail. Offline (e.g. at trade fairs or through agents), the contract is concluded by written (e.g. order form) or verbal consent with reference to these GTC. After order confirmation, a pro forma invoice is issued.
3. Pre-Orders
Pre-orders concern goods that are not available at the time of ordering. The expected delivery time is indicated on the product page, in the order confirmation or in the offline contract. After order confirmation, a pro forma invoice with a payment period of 14 days is issued. A deposit of 50% is required. If payment is not made within 14 days of issuing the pro forma invoice, we will cancel the pre-order. In the event of unreasonable delays, we will inform you immediately; consumers have a right of withdrawal in accordance with § 355 BGB, entrepreneurs have an option to withdraw with refund of payments made. Pre-orders are binding. For entrepreneurs (§ 14 BGB), the 50% deposit is non-refundable in the event of customer-initiated withdrawal without cause and serves to cover preparation and production costs. Such withdrawal is only possible until the start of production.
4. Order Data
Your order data is stored for the purpose of fulfilling the contract. Online, it is transmitted by e-mail in accordance with section 2; offline, it is contained in the order confirmation or in the contract. You can save or print the GTC before conclusion. Upon request, we will provide you with the data (e-mail: info@infantiumvictoria.com).
5. Prices and Shipping Costs
The prices quoted include statutory value added tax and other price components. In addition, we charge shipping costs: €5 within Germany (orders under €60), €7.5 within the EU (orders under €200), €10 for priority shipping within the EU, €15 for standard shipping internationally, €20 for priority shipping internationally. The shipping costs are displayed online in the shopping cart or offline in the contract.
6. Payment Terms
For consumers (§ 13 BGB), the purchase price is due immediately and is paid by advance payment, PayPal or other immediate payment methods. Invoice purchase (payment on invoice with a deadline) is not offered to consumers. For entrepreneurs (§ 14 BGB), the purchase price is payable net within 30 days after receipt of the invoice. The invoice must contain the order date, order number and the customer's VAT ID. Payments are made by bank transfer or PayPal. For pre-orders, a deposit of 50% is due upon issuance of the pro forma invoice, the remaining amount before delivery.
7. Dunning Procedure
The dunning procedure applies only to entrepreneurs (§ 14 BGB), as consumers (§ 13 BGB) are not offered payment on invoice with a deadline and thus no payment default can occur. For entrepreneurs: A first reminder is sent 7 days after the due date (total 37 days). A second dunning notice follows 14 days after the reminder (total 51 days), with default interest accruing at a rate of 9 percentage points above the base interest rate (§ 288 BGB) from the day after the due date. Dunning fees amount to a flat rate of €5 per dunning notice. In the event of non-payment after the second dunning notice, we reserve the right to take legal action or engage a collection agency.
8. Statutory Provisions on Default and Compensation for Damages
In the event of payment default or other breaches of contract for which the customer is responsible, the statutory provisions apply. A monetary debt is to be paid interest during the default (§ 288 BGB); the default interest rate is five percentage points above the base interest rate per year for consumers and nine percentage points above the base interest rate for entrepreneurs. The debtor enters into default upon dunning (§ 286 BGB). The debtor is obliged to compensate the creditor for the damage caused by the default (§ 280 para. 2 BGB). The assertion of further claims for damages remains reserved.
9. Delivery and Transfer of Risk
Delivery takes place after full receipt of payment (for pre-orders after receipt of the deposit) within 3–5 working days in Germany, 5–10 working days in the EU and 10–15 working days internationally. For pre-orders, the delivery times specified in the order confirmation or in the contract apply. Shipping is carried out via DHL. The risk of loss or damage to the goods passes to the customer upon handover to the carrier (§ 447 BGB).
10. Retention of Title
The goods remain our property until full payment (§ 449 BGB). For pre-orders, the retention of title applies until full payment of the remaining amount.
11. Claims for Defects
Consumers have statutory claims for defects (§§ 434 ff. BGB) with a warranty period of 2 years. Entrepreneurs have statutory claims for defects (§§ 434 ff. BGB) with a warranty period of 1 year from delivery. Entrepreneurs have statutory claims for defects (§§ 434 ff. BGB) with a warranty period of 1 year from delivery.
Entrepreneurs must report defects in writing without delay, at the latest within 8 days of receipt of the goods, obvious defects without delay. For pre-orders, the period begins upon delivery.
12. Right of Withdrawal (only for consumers)
Consumers have a 14-day right of withdrawal in accordance with § 355 BGB, starting upon receipt of the goods (also for pre-orders). The withdrawal instructions and the form are available at www.infantiumvictoria.com/widerruf.
13. Liability
We are liable without limitation for intent and gross negligence. For slight negligence, we are liable only in the event of breach of essential contractual obligations, limited to foreseeable damage; consumers are more strongly protected (§ 309 BGB). This also applies to pre-order delays if attributable to us.
14. Data Protection
We process personal data in accordance with the GDPR. Details can be found in our privacy policy at www.infantiumvictoria.com/datenschutz.
15. Dispute Resolution
The place of jurisdiction for all disputes arising from this contract is Hannover, provided that the customer is an entrepreneur or has no general place of jurisdiction in Germany. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Disputes may optionally be settled through mediation via the IHK Hannover (www.ihk.de/hannover). Consumers can also settle disputes via the EU Online Dispute Resolution platform (https://ec.europa.eu/odr). Our e-mail for complaints: info@infantiumvictoria.com.