Terms of service

1. Scope

These Terms and Conditions apply to purchases made through baublebary.shop.

They apply primarily to transactions between baublebary.shop and consumers in Germany.

A consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

Mandatory German and European Union consumer-protection laws take precedence over any conflicting provision in these Terms and Conditions.

2. Merchant contact

The store can be contacted at:

Website: baublebary.shop
Email: info@baublebary.shop

3. Contract language

The contract language is English.

Customers should save or print the order confirmation, applicable policies and contractual information for their records.

4. Product presentation

Products displayed on baublebary.shop are presented as an invitation for customers to submit an order.

Product presentation does not constitute a binding offer by baublebary.shop unless expressly stated otherwise.

We take reasonable care to present accurate:

  • Product descriptions;
  • Product photographs;
  • Dimensions;
  • Materials;
  • Colours;
  • Features;
  • Availability;
  • Prices;
  • Delivery information.

Minor differences may occur due to:

  • Screen settings;
  • Lighting conditions;
  • Photography;
  • Manufacturing variations;
  • Manual measurements;
  • Product updates that do not materially reduce functionality or quality.

Such differences do not affect statutory rights where a product fails to match its agreed or objectively required characteristics.

5. Shopping cart and checkout

Customers may place products in the Shopify shopping cart without immediately submitting a binding order.

Before submitting an order, customers can review and correct:

  • Selected products;
  • Product variations;
  • Quantities;
  • Billing information;
  • Delivery information;
  • Contact information;
  • Payment information;
  • Total price;
  • Applicable taxes;
  • Delivery terms.

The customer is responsible for checking that the information entered during checkout is complete and accurate.

6. Order submission

By selecting the final checkout button indicating an obligation to pay, the customer submits a binding offer to purchase the products shown in the order summary.

The checkout button must clearly communicate that submitting the order creates a payment obligation.

An order cannot be completed unless the customer accepts any terms that must be accepted during checkout.

7. Order acknowledgment and contract conclusion

After an order is submitted, the customer will normally receive an automated acknowledgment email.

An automated acknowledgment confirms that the order was received. It does not necessarily constitute acceptance unless it expressly states that the order has been accepted.

The contract is concluded when baublebary.shop:

  • Sends an express order-acceptance confirmation;
  • Sends a shipping confirmation;
  • Dispatches the ordered goods; or
  • Otherwise clearly accepts the customer’s offer.

If an order is not accepted, any payment already collected will be reimbursed.

8. Order storage

Order information is stored in accordance with legal, accounting, tax and technical requirements.

Customers receive relevant contractual information by email. Customers with an account may also be able to access order details through the Shopify customer-account area.

9. Prices

Prices displayed to consumers are total prices.

Where VAT is legally applicable, displayed consumer prices include the applicable VAT.

Standard shipping is free.

Any unavoidable additional charge known before purchase will be disclosed before the customer submits the order.

No undisclosed mandatory fee will be imposed after the customer completes checkout.

10. Obvious pricing errors

We may correct an obvious pricing, description or technical error before accepting an order.

If an order has already been accepted and the displayed price was incorrect, applicable law will determine whether and how the error affects the contract.

We will not automatically charge a higher corrected price without the customer’s agreement.

If the order cannot legally or practically be fulfilled at the displayed price, the customer will be informed and any payment collected for a cancelled order will be reimbursed.

11. Payment

Available payment methods are displayed during Shopify checkout.

Payment may be processed by Shopify Payments or another payment provider made available at checkout.

By submitting payment information, the customer confirms that:

  • The information is accurate;
  • The payment method is valid;
  • The customer is authorised to use it;
  • Sufficient funds or credit are available.

Payment providers may conduct authentication, fraud-prevention and security checks.

A payment provider may temporarily reserve or authorise an amount before final payment is captured.

12. Payment failure

If payment is declined, reversed, cancelled or otherwise unsuccessful, baublebary.shop may suspend fulfilment until valid payment is received.

Customers should contact their bank or payment provider if they believe a payment was incorrectly declined.

13. Product availability

Product availability information is provided in good faith.

A product may become unavailable after an order is submitted due to:

  • Simultaneous orders;
  • Inventory errors;
  • Supplier availability;
  • Product discontinuation;
  • Damage discovered before dispatch;
  • Technical errors.

If an ordered product becomes unavailable, the customer will be informed without undue delay.

Any payment received for an unavailable and cancelled item will be reimbursed.

A substitute product will not be supplied without the customer’s agreement.

14. Delivery

Delivery is available to destinations accepted during checkout.

Standard shipping is free.

The estimated delivery time is 15–20 days.

Further information is provided in the Shipping Policy. Delivery information shown on the product page or during checkout forms part of the pre-contractual information.

15. Partial deliveries

An order may be delivered in more than one parcel where reasonable.

Customers will not be charged additional standard shipping fees because an order is divided into multiple parcels.

Where items are delivered separately, the statutory withdrawal period for the order is calculated according to applicable law.

16. Transfer of risk

For consumer purchases, the risk of accidental loss or accidental damage generally transfers to the customer when the customer, or a third party designated by the customer other than the carrier, receives the goods.

If the customer independently commissions a carrier not offered by baublebary.shop, the statutory rules governing transfer of risk apply.

17. Retention of title

Goods remain the property of baublebary.shop until the purchase price has been paid in full.

18. Customer obligations

Customers must provide accurate and complete:

  • Contact details;
  • Delivery details;
  • Billing details;
  • Payment information;
  • Customs information where legally required.

Customers should promptly notify baublebary.shop of an error by emailing info@baublebary.shop.

An address change cannot be guaranteed after fulfilment begins.

19. Statutory warranty rights

German statutory warranty and conformity rights apply.

Goods must satisfy the subjective and objective requirements for conformity required by applicable law, including agreed:

  • Description;
  • Type;
  • Quantity;
  • Quality;
  • Functionality;
  • Compatibility;
  • Accessories;
  • Instructions;
  • Other agreed characteristics.

Nothing in these Terms restricts mandatory remedies for defective or non-conforming goods.

20. Commercial guarantees

A commercial guarantee applies only if expressly offered.

Any commercial guarantee is additional to statutory rights. It does not replace, reduce or suspend statutory remedies for defective goods.

21. Right of withdrawal

Consumers generally have a statutory right to withdraw from an online purchase within 14 days.

The detailed conditions, consequences, exceptions and model withdrawal form are contained in the Cancellation, Return and Refund Policy.

22. Customer accounts

Where customer accounts are available, customers are responsible for:

  • Keeping login credentials confidential;
  • Using accurate account information;
  • Preventing unauthorised access;
  • Informing baublebary.shop of suspected account misuse.

We may temporarily restrict an account where reasonably necessary to protect customers, prevent fraud or maintain store security.

23. Product reviews and customer content

Customers may submit reviews or other content only where the relevant Shopify feature is available.

Submitted content must not:

  • Be unlawful;
  • Be knowingly false or misleading;
  • Infringe intellectual property rights;
  • Violate privacy or personality rights;
  • Contain malware;
  • Contain discriminatory, threatening or abusive material;
  • Constitute spam or undisclosed paid promotion.

Content may be moderated or removed where necessary for legal compliance or platform integrity.

A customer’s lawful right to express an honest opinion is not restricted.

24. Prohibited use

Customers must not use baublebary.shop to:

  • Commit fraud;
  • Place fictitious orders;
  • Use unauthorised payment information;
  • Introduce malicious code;
  • Attempt unauthorised system access;
  • Scrape data in violation of applicable law;
  • Interfere with checkout or store security;
  • Impersonate another person;
  • Infringe third-party rights;
  • Conduct unlawful activity.

Reasonable access restrictions may be imposed to protect the store, customers or third parties.

25. Third-party services

The store is operated using Shopify and may rely on third-party services for:

  • Hosting;
  • Checkout;
  • Payment processing;
  • Fraud prevention;
  • Delivery;
  • Customer support;
  • Communication;
  • Store security.

Third parties may apply their own terms when providing services directly to customers.

The use of third-party services does not exclude baublebary.shop’s own mandatory contractual responsibilities.

26. External links

The store may contain links to third-party websites.

Third-party websites are independently operated and are subject to their own terms and privacy policies.

baublebary.shop is not responsible for third-party content unless liability arises under applicable law.

27. Intellectual property

Unless otherwise stated, content on baublebary.shop is protected by copyright, trademark or other intellectual property laws.

Protected content may include:

  • Text;
  • Product descriptions;
  • Photographs;
  • Graphics;
  • Logos;
  • Store design;
  • Videos;
  • Downloadable content;
  • Branding.

Content may not be reproduced, modified, distributed, sold or commercially exploited without permission, except where allowed by law.

28. Liability

baublebary.shop is liable without limitation where liability results from:

  • Intentional misconduct;
  • Gross negligence;
  • Injury to life, body or health;
  • Fraudulent concealment of a defect;
  • An expressly assumed guarantee;
  • German product-liability law;
  • Any liability that cannot lawfully be excluded or restricted.

For ordinary negligence involving breach of an essential contractual obligation, liability is limited to foreseeable loss typical for the contract.

An essential contractual obligation is one whose performance is necessary for proper execution of the contract and on whose performance the customer may ordinarily rely.

No limitation applies where prohibited by mandatory consumer law.

29. Events outside reasonable control

Delivery or performance may be affected by events outside reasonable control, including:

  • Natural disasters;
  • Extreme weather;
  • War;
  • Civil disturbance;
  • Government measures;
  • Strikes;
  • Transport interruption;
  • Customs delays;
  • Epidemics;
  • Infrastructure failures;
  • Communication failures.

Customers will be informed of significant delays where reasonably possible.

This provision does not remove statutory rights relating to delayed performance, non-performance, cancellation or reimbursement.

30. Complaints

Customers may submit complaints to:

info@baublebary.shop

The complaint should contain:

  • The order number;
  • The customer’s name;
  • A clear description of the issue;
  • The requested resolution;
  • Relevant supporting evidence.

We will review complaints in good faith and respond within a reasonable period.

31. Governing law

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

If a consumer habitually resides in another country, this choice of law does not remove mandatory consumer protections that apply under the law of that country.

32. Jurisdiction

Mandatory statutory jurisdiction rules for consumers remain unaffected.

A consumer is not required by these Terms to bring a claim exclusively before a court that would not otherwise have jurisdiction under applicable law.

33. Severability

If a provision of these Terms is invalid or unenforceable, the remaining provisions remain effective.

The invalid provision will be replaced by the applicable statutory rule. No provision will be interpreted in a way that improperly disadvantages a consumer.

34. Amendments

The Terms applicable to an order are generally those presented when the order is submitted.

Material changes made later will not retroactively alter an existing purchase unless:

  • The customer agrees;
  • The change is legally required; or
  • Applicable law otherwise permits the change.