Terms of service
General Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Ea5yLife Sp. z o.o.) via the website www.comfortbaby.store. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." By using the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time.
After calling up the "checkout" page and entering personal data as well as payment and shipping conditions, all order data is displayed again on the order overview page. After the order, the seller sends the customer an automatically generated email confirming receipt of the order and listing its details (order confirmation email). This order confirmation email does not constitute acceptance of the customer's offer but is only intended to inform the customer that their order has been received by the seller.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort, ApplePay, iDeal, Adyen Gateway, various others) as the payment method, you will either be directed to the order overview page in our online shop, or you will be initially redirected to the website of the provider of the instant payment system.
If redirection to the respective instant payment system occurs, you make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review and, if necessary, change all information here (also using the "back" function of the web browser) or cancel the purchase.
By submitting the order via the "order with obligation to pay" button, you declare binding acceptance of the contract offer, but the contract is not yet concluded at this point.
The contract is considered concluded once the goods have been received by the customer. Until this point, the seller (Ea5yLife Sp. z o.o., www.comfortbaby.store) remains the sole owner of the goods. The seller reserves the right to withdraw from the offer relationship at any time.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partially automated. Therefore, you must ensure that the email address you provided to us is correct, that the receipt of emails is technically ensured, and, in particular, not prevented by spam filters.
An acknowledgment of receipt or an order confirmation does not yet constitute acceptance of the contract offer. The seller may accept the customer's offer by sending a written (letter) or electronically sent (fax or email) order or shipping confirmation within 10 working days or by delivering the goods. The seller is entitled to reject the acceptance of the order for various reasons, such as the negative creditworthiness of the customer.
§ 3 Product Characteristics / Prices / Payment / Delivery / Remedial Action
(1) The images presented in the seller's online shop contain, in addition to product images, sometimes other items (such as accessories and decorative elements) that are not the subject of the order/purchase contract. The product description alone is decisive for the essential characteristics of the service to be provided.
(2) Insignificant color and grain variations on wood and plastic surfaces that are reasonable for the buyer are permissible.
(3) Payment of the purchase price is due immediately upon conclusion/acceptance of the offer (except for purchase on account, if offered). The delivery times indicated at the time of ordering are from the receipt of payment. Please note that the delivery of the ordered goods for advance payment/transfer will only take place after the full amount has been credited to our account.
(4) A list of countries to which we currently ship goods and the applicable shipping costs can be found here: Shipping Policy.
(5) Please note that shipping of certain products from our range may not be possible to all countries listed there. You will be notified of such delivery restrictions for individual products during the ordering process or receive a message following your order.
(6) In the case of delivery by freight carrier, e.g., for large, bulky items, the delivery is made "free curb." With delivery "free curb," the transport company delivers the goods to the agreed-upon delivery date up to the curb or the sidewalk of the specified address. You will receive an email with your shipment details, including the estimated delivery date. The customer is responsible for the transport into the house/apartment. The customer must ensure, in particular, that they or a person authorized and empowered by them can accept the ordered goods on the agreed-upon delivery date and is present.
(7) If delivery of goods to the customer at the specified delivery address is not possible, or if the customer is not present at an agreed delivery date for ordered bulky or freight items, the contracted transport company will return the goods to the seller, and the customer bears the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt. The customer expressly reserves the right to prove that the seller has suffered no or only minor damage. Otherwise, the legal provisions on default of acceptance according to §§ 293 et seq. BGB apply.
(8) Delivery times are specified on the respective product page. The delivery time is reasonably extended in circumstances that adversely affect delivery due to force majeure. Force majeure includes, but is not limited to, strikes, lockouts, government interventions, energy and raw material shortages, unforeseeable transportation bottlenecks, unforeseeable operational disruptions such as fires, water damage, machine failures, and all other impediments that, from an objective point of view, have not been caused by the seller. The customer will be promptly informed of the beginning and end of such impediments. If the impediment to performance in the aforementioned cases lasts more than 2 weeks beyond the originally stated delivery times for the relevant product, you are entitled to withdraw from the contract. Payments already made by the customer will be refunded within 10 calendar days.
(9) Commercially customary or minor deviations in quality, size, shape, and/or color are reserved within reasonable limits. Variations in color between the colors displayed on the website and the actual colors of the goods, especially in the case of furniture and textiles, may occur due to the display on your computer/mobile device.
(10) We would like to point out that in the case of goods delivered with obvious transport damage/defects, our customer service should be informed as soon as possible.
(11) Please note that we only cover the return costs for goods with a minimum order value of €100.00 within Poland if the revocation is received within the statutory period. Return costs outside of Poland are the responsibility of the customer.
(12) For furniture and beds with multi-functionality, possessing elements that may cause wear and tear during use, we recommend using "felt gliders." Wear and tear resulting from the use of these elements do not constitute a reason for complaint.
(13) If a customer complains about their ordered goods or part of their order, especially wooden elements, the seller is obliged to remedy the defect within the framework of the German Civil Code (BGB). The customer agrees to send the claimed item to the seller first and will receive the replacement goods/elements afterward. Please note that items from the SALE category (discounted items) are excluded from exchange.
(14) Bedding/textiles are packaged, sealed with a hygiene seal, and marked for shipping. Already washed or used bedding/textiles are excluded from exchange. We reserve the right to inspect returns and, if necessary, charge for any loss in value caused by the return. Please note that items from the SALE category (discounted items) are excluded from exchange.
(15) Delivery is made by DPD, DHL, and/or UPS. If not all ordered products are in stock, we are entitled to partial delivery at our expense, provided it is reasonable for you. If the ordered product is not available because the seller has not been supplied by its suppliers with this product without any fault of its own, the seller may withdraw from the contract. In this case, the seller will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, the seller will refund any consideration already provided within 10 working days.
§ 4 Special Agreements on Offered Payment Methods
(1) Credit Check
If we make advance payments, e.g., for payment on account or direct debit, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, to protect our legitimate interests for the purpose of a credit check based on mathematical-statistical procedures. We reserve the right to refuse the payment method of invoice or direct debit based on the result of the credit check.
(2) Payment by Invoice and Financing through Klarna Germany
In collaboration with Klarna (http://www.klarna.com/), we offer you the options of invoice payment and installment payment. Please note that Klarna Invoice and Klarna Installment are only available for consumers, and payment is to be made directly to Klarna.
Klarna Invoice
When purchasing on invoice with Klarna, you always receive the goods first, and you always have a payment period of 14 days. The complete terms and conditions for invoice payment can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0,00).
Klarna Installment
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments, at least 1/24 of the total amount (but at least €6.95). Further information on Klarna Installment, including the general terms and conditions and the European standard information for consumer credits, can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/account).
Privacy Notice
Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit reporting agencies. Your personal information is handled in accordance with applicable data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf) and in accordance with the information in Klarna's data protection regulations.
(3) Payment by Invoice through Klarna Austria
In collaboration with Klarna, we offer you the option of invoice payment.
The payment period for Klarna Invoice is 14 days from the invoice date. The invoice is issued when the goods are shipped and is either sent by email or together with the goods.
Payment is made to Klarna. Please note that Klarna Invoice is only available for consumers. Further information and Klarna's complete terms and conditions for invoice payment can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_at/invoice?fee=0,00).
Privacy Notice
Klarna checks and assesses your data and, with legitimate interest and cause, engages in data exchange with other companies and credit reporting agencies. Your personal information is handled in accordance with applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy). For further information on Klarna, please visit www.klarna.at (http://www.klarna.at/). Klarna AB, Company Registration Number: 556737-0431
(4) Payment via Klarna Checkout
In collaboration with Klarna, we offer the following payment options. Payment is made directly to Klarna:
- Klarna Invoice: Payable within 14 days from the invoice date. The invoice is issued before the goods are shipped and sent by email. The invoice terms can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0).
- Klarna Installment: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments, at least 1/24 of the total amount (but at least €6.95). Further information on Klarna Installment, including the general terms and conditions and the European standard information for consumer credits, can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account).
- Instant Bank Transfer
- Credit Card (Visa/Mastercard)
- Direct Debit The payment options are offered within Klarna Checkout. More information and the terms of use for Klarna Checkout can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/checkout). General information about Klarna can be found here (https://www.klarna.com/de). Your personal information is handled by Klarna in accordance
with applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf).
(5) SEPA Direct Debit (Basic and/or Corporate Direct Debit)
When paying by SEPA Basic Direct Debit or SEPA Corporate Direct Debit, you authorize us by granting a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit is collected within 2-5 days in Germany and within 2-5 days for international deliveries after the conclusion of the contract.
The deadline for the transmission of the advance notice (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure sufficient coverage of the account by the due date. In the event of a chargeback due to your fault, you are responsible for the applicable bank fee.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price and until they are fully delivered to the customer.
(3) If you are a business customer, the following additional provisions apply:
a) We reserve ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount arising from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The choice of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not necessarily affect your statutory warranty claims. Complaints must be documented by the customer immediately and reported to the seller promptly. Complaints reported after a period of 1 day after receipt are not subject to the consumer's statutory warranty claim.
(3) If you are a business customer, the following warranty regulations apply differently from the above:
a) Only our own information and the product description of the manufacturer are deemed agreed as the quality of the item, not other advertising, public praise, and statements by the manufacturer.
b) In the case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification of defects fails, you can either demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects is deemed to have failed after the third unsuccessful attempt, unless something else results from the nature of the item or the defect, or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- to damages attributable to us that are culpably caused by the violation of life, body, or health and for other damages intentionally or grossly negligently caused;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their normal use for a building and have caused its defect;
- to statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) Polish law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer, but a merchant, legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Poland or the EU, or if your residence or habitual abode is not known at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention explicitly do not apply.
_______________________________________________________________________________________
II. Customer Information
1. Seller's Identity
Ea5yLife Sp. z o.o.
ul. Grunwaldzka 8/3
45-054 Opole
Poland
Contact Form: https://comfortbaby.store/de/pages/kontakt
Email: service@comfortbaby.de
2. Information on the Conclusion of the Contract Offer
The technical steps for the conclusion of the contract offer, the conclusion of the contract itself, and the correction options are made in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract offer text is not stored by us. Before submitting the order via the online shopping cart system, the contract offer data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf (https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf) and https://www.ecommercetrustmark.eu/the-code-of-conduct/ (https://www.ecommercetrustmark.eu/the-code-of-conduct/)
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Methods
6.1. If the goods are delivered within the EU, the prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you additionally, unless free delivery is promised.
6.3. If the delivery is made to countries outside the European Union, additional costs may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be borne by you. You are also responsible for the costs of money transfers in cases where the delivery is made to an EU member state but payment is initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract offer are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and, if applicable, any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. The delivery time stated in the offer may vary depending on stock and other unforeseeable circumstances. A delivery time of up to 12 weeks for items such as baby beds, wooden accessories for beds, bed extensions, children's wardrobes, and strollers may occur under certain circumstances.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
8. Legal Warranty Rights
The warranty is based on the provisions of the "Warranty" section in our General Terms and Conditions (Part I).
9. Revocation
Right of Withdrawal for Consumers
(A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.)
Revocation Instructions
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The statutory right of withdrawal can be extended by Ea5yLife Sp. z o.o. (www.comfortbaby.store) to up to 30 calendar days in special circumstances, exceptional situations, and by agreement between the seller and the customer. The buyer bears the return costs within Poland if the order value does not exceed €100. Return costs outside Poland are borne by the customer.
If the customer bears the return costs, they are obligated to provide the seller with the return shipment details.
The withdrawal period is 14 days from the day,
- on which you or a third party named by you, who is not the carrier, take(s) possession of the goods, if you have ordered one or more goods as part of a single order and these are delivered collectively;
- on which you or a third party named by you, who is not the carrier, take(s) possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, take(s) possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in multiple partial shipments or pieces.
To exercise your right of withdrawal, you must inform us (Ea5yLife Sp. z o.o., ul. Grunwaldzka 8/3, 45-054 Opole, Poland, email address: service@comfortbaby.de) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the delivery costs, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
We will bear the cost of returning the goods if they were delivered within Poland and exceed a value of €100 (return costs for orders to other countries are not covered by Ea5yLife Sp. z o.o.).
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.
Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts:
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals, or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts:
- for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their sealing was removed after delivery;
- for the delivery of goods that, after delivery, have been inseparably mixed with other goods due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the sealing was removed after delivery.
- for contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their sealing has been removed after delivery.
Note:
If you have ordered bulky or freight items through our online shop, we will inform you after you have declared your withdrawal where to return the goods. For this purpose, we will contact you promptly by email or telephone upon receipt of your withdrawal.
We kindly ask you to use a return label provided by us for the return and to send the item in its original box. Please avoid damaging and/or soiling the goods during the return. If you no longer have the original packaging or box, please ensure sufficient protection of the goods against transport damage with suitable packaging. The use of the return label or the return in the original box is not a mandatory requirement for the effective exercise of your right of withdrawal.
Sample Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
- To Ea5yLife Sp. z o.o., ul. Grunwaldzka 8/3, 45-054 Opole, email address: service@comfortbaby.de:
- I/we (*) hereby revoke 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 the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
- Date
(*) Delete as appropriate.
The return of the goods is to be sent to our shipping center, not to the company's headquarters. Return address:
ComfortBaby Ea5yLife Sp. z o.o., Ludwika Waryńskiego 19, 58-500 Jelenia Góra, Poland
Last Update: 18.12.2023