Terms of service

General Terms and Conditions (GTCs) of Flybaby

• 1 Applicability to Consumers and Definitions

(1) The following General Terms and Conditions apply to all contracts concluded via our online shop at www.flybaby.berlin between Flybaby GmbH (hereinafter referred to as "Flybaby") and the customer, in the version valid at the time the contract is concluded. 

Deviating general terms and conditions of the customer are not recognized unless we expressly agree to their validity in writing. The product offering in our online shop is exclusively aimed at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their trade, business, or independent professional activity (§ 13 BGB).

• 2 Conclusion of Contract and Storage of Contract Text

(1) The presentation and promotion of goods in our online shop do not constitute a legally binding contractual offer but are merely an invitation to the customer to place an order. 

(2) By clicking the "Buy" button in the final step of the ordering process or the "Pay Now" button for the payment method "PayPal," the customer submits a binding offer to conclude a contract for the purchase or booking of the goods and/or services displayed in the order summary ("Offer"). 

(3) The ordering process consists of the following steps:

1. Selection of the desired goods and color.
2. Adding the goods to the shopping cart by clicking the "Add to Cart" button.
3. Option to select more items or view the shopping cart.
4. Reviewing the shopping cart and making any necessary changes.
5. Clicking the "Checkout" button.
6. Logging into the online shop or using the Express Checkout options for "PayPal, "Google Pay," or "Shop Pay" (prior registration required), entering login details (email address and password), or providing contact and shipping address details and, if applicable, entering a voucher or discount code.
7. Selecting the payment method and providing the necessary information.
8. Clicking the "Review Order" button.
9. Final review and correction of entered data.
10. Submitting a binding order by clicking the "Buy Now" button or, when using PayPal, the "Pay with PayPal" button.

The customer can correct input errors before submitting the binding order by using the "Back" button in their internet browser or clicking the "Edit" button next to the contact and shipping details, or by closing the browser to cancel the order process. 

(4) We confirm receipt of the order immediately via an automatically generated email ("Order Confirmation"). A valid contract is only formed upon our acceptance, which we confirm via email ("Shipping Confirmation"). 

(5) We provide the customer with the contract details (order summary), our General Terms and Conditions, including the terms for vouchers and discounts, as well as the cancellation policy (where applicable), via email. The General Terms and Conditions can also be accessed at any time at https://flybaby.berlin/en/policies/terms-of-service. For security reasons, order details are no longer accessible via the website. However, orders are displayed in the customer's account if they have one. 

(6) Customers can place orders in our online shop either as guests or registered users. Registered users do not need to enter their personal data for each order but can log in with their email address and a password of their choice. Registration does not entail any obligation to purchase goods from us. Account login credentials must be kept confidential and not shared with third parties. Information on data processing is available in our Privacy Policy at https://flybaby.berlin/en/pages/datenschutzerklarung. 

(7) The contract is concluded in German.

(8) For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). The latter also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. In order to ensure smooth delivery to Switzerland, we would like to inform you for reasons of transparency that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the retail chain. This does not incur any additional costs for the buyer.

• 3 Prices, Shipping Costs, Payment

(1) The stated prices include statutory VAT and other price components. Additional shipping costs apply unless otherwise specified below. Shipping costs are displayed in our online shop and shown in the order mask before the order is submitted. 

(2) Payment options include PayPal, Union Pay, credit cards (Visa, American Express, MasterCard, Maestro), instant transfer, Google Pay, and Shop Pay. All payments are processed through the external service Shopify Payments, and its terms apply: https://www.shopify.com/legal/terms-payments-de.

• 4 Delivery

(1) Unless otherwise specified in the product description, delivery occurs within approximately 5 to 10 business days (Monday to Friday). The delivery period begins the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday, or public holiday at the delivery location, the period ends on the next business day. 

(2) For consumers, the risk of accidental loss or deterioration of the sold item transfers to the customer upon handover or, in the event of default of acceptance, to the customer. 

(3) If delivery difficulties arise or a product is no longer available when the order is placed, we will notify the customer promptly and decline acceptance. Any payments made for unavailable products will be refunded immediately. 

(4) If we are unable to deliver an order, we will store the delivery in our warehouse for up to 10 days. In such cases, the customer will receive a notification indicating the location of their order and instructions on how to retrieve it. If the customer does not contact us within a specified period set by us to arrange for delivery, we reserve the right to withdraw from the contract. In this case, we will refund the purchase price as quickly as possible, but no later than within 14 days from the date of the withdrawal declaration. We reserve the right to charge the customer for all shipping and other costs incurred as damages resulting from the termination of the contract.

(5) Deliveries are made to addresses in Belgium, Denmark, Germany, France, Ireland, Liechtenstein, Luxembourg, Netherlands, Norway, Austria, Sweden, Switzerland, Spain, and the United Kingdom.

Please refer to our shipping cost overview at https://flybaby.berlin/en/policies/shipping-policy for the shipping costs to the respective countries.

(6) Orders are delivered exclusively via shipping.

(7) In the event of a reshipment due to an incorrect address provided by the buyer, we reserve the right to subsequently charge a flat shipping fee. The fee amounts to €2.90 / 6.00 CHF. It is the buyer's responsibility to verify all information before completing the order process.

• 5 Retention of Title and Prohibition of Resale

(1) We retain ownership of the goods until the purchase price is fully paid. 

(2) The customer assures that the products will only be used for private purposes. Any commercial or business resale of the purchased products is prohibited.

• 6 Right of Withdrawal

(1) If the customer is a consumer, they are entitled to a statutory right of withdrawal in accordance with the following cancellation policy.

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14)  days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must inform us at:

Flybaby GmbH

Schmiedehof 23

10965 Berlin

Email: support@flybaby.berlin

by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the withdrawal right before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen (14) days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged any fees because of this repayment. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and whose manufacture is based on an individual choice or decision by the consumer or that are clearly tailored to the personal needs of the consumer, as well as for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

End of the Withdrawal  policy.

Sample Withdrawal Form:
(If you want to withdraw from the contract, please fill out this form and send it back to us.)

Flybaby GmbH

Schmiedehof 23

10965 Berlin

Email: support@flybaby.berlin

I/we () hereby withdraw from the contract concluded by me/us  () for the purchase of the following goods  ()/the provision of the following service ():

Ordered on () _________________ / received on () _______________________
Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

• 7 Contractual Return Policy

In addition to the statutory right of withdrawal for consumers and users under § 6, we offer a contractual return policy for baby carriers – but not for gift vouchers – within 30 days from the order date.

Products may be tested, but they must be returned to us in new condition without noticeable signs of use. You will only be required to compensate for any loss in value if such loss is due to handling that is not necessary to examine the nature, characteristics, and functionality of the goods.

You are responsible for the direct costs of returning the goods.

The cost for returns from Germany is €6. Returns can be registered through our returns portal, where a return label will be provided.

Returns from other countries can also be registered through our returns portal. 
However, we are unable to provide a return label in these cases. You will need to arrange the return shipment yourself.

• 8 Warranty
  

  The statutory warranty regulations apply unless otherwise specified below.

• 9 Discount Codes & Gift Vouchers

Discount Codes
Each discount code can only be used once per order and per customer. Combining different discount codes is not permitted. Combining bundles and discount codes is also not permitted.
If you exercise your right of withdrawal or if the goods are returned for other reasons, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount code or the issuance of a new discount code.

Gift Vouchers
Gift vouchers can be purchased through the online shop.
All gift vouchers are valid for three years from the date of purchase. They can be redeemed for all products in the online shop. There is no minimum order value. If a product is returned or refunded, the corresponding amount will be credited back to the gift voucher. It is not possible to transfer the amount to another payment method other than the gift voucher.
The statutory right of withdrawal also applies to gift vouchers. Further returns beyond this are excluded.

• 10 Limitation of Liability
  

  (1) We are liable to the customer in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
  (2) In all other cases, we are only liable – unless otherwise regulated in paragraph 3 – for breaches of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as the customer may regularly rely (so-called cardinal obligation). In such cases, liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
  (3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
  
  
  

• 11 Customer Service
  

  Our customer service for questions, complaints, and claims is available on weekdays from Monday to Friday, 10:00 AM to 4:30 PM, via email at support@flybaby.berlin 

  
  

• 12 Final Provisions
  

  (1) Contracts between us and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the limitation of choice of law and the applicability of mandatory provisions, particularly of the state in which the customer as a consumer has their habitual residence, remain unaffected.
  (2) Should any provision of these General Terms and Conditions be invalid, void, or incomplete, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid or void provision or fill the contractual gap with a provision that most closely achieves the intended economic purpose, possibly in the appropriate form. If the invalidity or voidness of a provision is due to a measure of performance or time (period or date), a legally permissible measure shall replace the invalid or void provision.
  
  

As of: January 06, 2025