GENERAL TERMS AND CONDITIONS OF TRIBU BERLIN GMBH
1. Scope, Form
1.1 These general terms and conditions (hereinafter referred to as “GTC”) apply to all orders placed by customers (hereinafter referred to as "you") and conclusion of contracts with you via our website https://www.tribu-box.com/ (hereinafter referred to as “Shop”) for (i) a subscription to rent boxes containing new and used children’s toys (hereinafter referred to as “Tribu Box”) or (ii) the purchase of used children’s toys. The GTC shall only apply if you are a consumer within the meaning of Sec. 13 German Civil Code (Bürgerliches Gesetzbuch).
1.2 Individual agreements made with you in individual cases (including collateral agreements, supplements and amendments) shall in all cases take precedence over these GTC. The content of such agreements shall, subject to proof to the contrary, be governed by a contract or our confirmation in writing or text form (e.g., letter or e-mail).
1.3 Legally relevant declarations and notifications of you in relation to the contract (e.g., setting of a deadline, notification of defects, withdrawal or reduction) must be made in written or text form. Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected.
1.4 References to the validity of legal provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these GTC.
2. Conclusion of Contract
2.1 The presentation of the Tribu Boxes and the children’s toys in the Shop is not a binding offer to conclude a contract for a subscription.
2.2 A contract for a subscription is concluded as follows:
2.2.1 In our Shop, you can first choose your first Tribu Box among different Tribu Boxes, each of which is suitable and intended for a certain age of a child.
2.2.2 After choosing your first Tribu Box, you can select between different subscriptions (e.g., monthly, semi-annual, annual subscription). You will see more information about the selected subscription by clicking on the expand details button.
2.2.3 You can add the selected subscription to your virtual shopping cart by clicking the corresponding checkout button. Afterwards you can add more subscriptions or products to your virtual shopping cart (e.g., Tribu Gift Card, another subscription).
2.2.4 You can complete an order by clicking on the button to your virtual shopping cart. There you will be guided through the ordering process. Before you submit a binding offer, you can read this GTC by clicking on the respective link provided at the end of the ordering process. By submitting a binding offer, you confirm that you accept the validity of these GTC. You make a binding offer to purchase the products in your virtual shopping cart by clicking the button “Place my order” in the last step of the ordering process ("Order").
2.2.5 Before submitting a binding Order, you can correct your data (e.g., payment method, shipping address or the desired number of items) at any time by going back in the ordering process (clicking the "back button" in the browser). You can cancel the ordering process completely by closing your browser window.
2.2.6 You will receive an order acknowledgement after submitting the Order. The order acknowledgement does not constitute an acceptance of the order by us. A contract is only concluded when we accept your order by order confirmation, confirmation of shipment of the goods in text form or by delivery of the goods.
2.2.7 The contractual terms and conditions with details of the ordered products including these GTC will be sent to you by e-mail with the order confirmation. A storage of the contractual provisions by us does not take place.
2.3 You can purchase a used children's toy included in a Tribu Box by keeping the toy at the end of the rental period for that Tribu Box and not returning it with your next swap. Keeping the toy is a binding offer from you to purchase the toy. We can accept your offer by invoicing you for the toy. The prices for our toys are available at: https://www.tribu-box.com/pages/spielzeugpreise.
2.4 If you have lost or damaged a toy, you can order a replacement by contacting us at email@example.com. Your warranty rights remain unaffected.
2.5 The contract shall be concluded exclusively in German or English language.
3. Customer Account
3.1 You have the possibility to register on our website (https://www.tribu-box.com/account/register; “Registration Side”) and create a customer account. Registration is not a prerequisite for you to place Orders.
3.2 For registration you have to enter on the Registration Side your name, first name, email-address and a password you chose freely. After entering the aforementioned information, you have to click the button “Create”. You will then receive an email confirming your registration. You can complete the registration by clicking on the link provided for this purpose in our e-mail.
3.3 After you have completed the registration process, you can log in to your customer account at any time by entering your email and password on our website (https://www.tribu-box.com/account/login). Alternatively, you can login by entering your email and receiving a link to your email to access your account. In your customer account, you can manage / cancel your subscription, view orders, swap a Tribu Box and view payments.
4. Prices, Payment
4.1 The amount for the subscription selected by you is displayed in our Shop and during the order process. Prices for used toys that you want to buy are published on our website at: https://www.tribu-box.com/pages/spielzeugpreise. If we charge a delivery fee, this and the amount of the delivery fee will be displayed during the order process in our Shop.
4.2 All prices include VAT at the statutory rate.
4.3 The price (rent) for the subscription is payable monthly in advance and is due for payment directly before the beginning of each calendar month. Alternatively, subscriptions can also be paid fully in advance (12 or 6 months upfront). The first payment is due immediately upon conclusion of the contract. In all other cases, payments (in particular for the purchase of products) are due within 30 calendar days after receipt of the invoice by the customer. Payments are made by SEPA direct debit.
4.4 If a direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if you object to the direct debit even though you are not entitled to do so, you shall bear the charges incurred by the respective credit institution as a result of the chargeback if you are responsible for this. If there's a chargeback, you do not respond to our emails and you do not return the rental products within 14 days. All items at rental will be charged at full retail price of €250 p/box. All charges including the box cost, the shipping fees and administration fees will be handled by our debt collection partner: Creditreform.
5. Delivery, Return
5.1 Delivery is made exclusively to addresses in countries of the Europe Union. Within Germany, we offer free shipping.
5.2 You will receive your first Tribu Box of your subscription within seven (7) working days after receipt of the order confirmation. “Working days” are all days from Monday to Friday with the exception of public holidays in Berlin. As an alternative, you can specify a desired delivery date during the order process.
5.3 For each shipment you will receive a shipment notification email once your ordered Tribu Box has been shipped. The email will contain tracking information and a link to track your package online.
5.4 You can return your Tribu Box at any time. You can keep the Tribu Box as long as you want and as long as the subscription is not ended. To swap a box you must trigger a box swap in you customer account. After triggering a swap, you will receive a return label to your email-address for returning your current Tribu Box and we will send you your new Tribu Box. You have to return your current Tribu Box to us within 14 calendar days after triggering the swap. Please keep in mind that, e.g., you have a 6-month subscription, the subscription keeps running after the 6th month unless you cancel the subscription (see section 9.3).
5.5 Besides ordinary returns in accordance with sec. 5.4, You can return your Tribu Boy at any time within the trial period (cf. sec. 11).
5.6 Returns within Germany are free of charge.
5.7 When returning your Tribu Box, please keep the tracking code or receipt with you. If there is a shipping problem, we will be able to track the shipment.
5.8 If any questions about our shipping and returns policy remain unanswered, please feel free to contact us at firstname.lastname@example.org.
6. Your Responsibilities
6.1 You must handle the children’s toys in the Tribu Boxes with care and only use them for their intended, normal use. Markings or labels which are fixed to the toys may not be removed.
6.2 You may not sublet the toys or make them available for use by third parties without our prior written consent. This does not apply to the free use of the toys by persons living in your household. The pledging or transfer of ownership of the toys by way of security is not allowed.
6.3 You are not allowed to modify the toy. Wear and tear of the toys due to the contractual use does not constitute a modification (Sec. 538 German Civil Code). The same applies to the rectification of defects in accordance with § 536a (2) German Civil Code.
6.4 In the event of any damage or other impairment of the toys (including loss), you are obliged to notify us immediately in writing (email to email@example.com is sufficient). In the event of damage to the toys and other breaches of the contract, you are liable in accordance with the statutory provisions.
7. Your Claims for Defects
7.1 Your rights in the event of material defects and defects of title shall be governed by the statutory provisions, unless otherwise provided for in this GTC.
7.2 If you discover a defect in the toys, this must be reported immediately to us by email: firstname.lastname@example.org.
7.3 In case a delivered toy is defective, we may choose whether subsequent performance shall be rendered by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions shall remain unaffected.
7.4 You must give us the time and opportunity necessary for the supplementary performance owed. In particular, you have to return the defective toy to us for inspection purposes immediately after notification of the defect.
7.5 We refund the expenses necessary for the purpose of review and subsequent performance, in particular transport, travel, labour and material costs, in accordance with the statutory provisions if a defect is actually present.
7.6 The Customer's claims for damages or compensation for futile expenditure shall only exist in accordance with sec. 8, even in the case of defects, and shall be excluded in all other respects.
7.7 If you buy a used toy, claims for defects and damages that are directly related to a defect become time-barred within one year after conclusion of the purchase contract or – if you are not in possession of the toy at the time of conclusion of the contract – after handover of the toy to you.
8.1 Unless otherwise provided for in these GTC including the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.
8.2 We shall be liable for damages – irrespective of the legal basis – within the scope of the liability for fault in case of intent and gross negligence. In case of ordinary negligence we shall only be liable – subject to legal limitations of liability (e.g. care in own affairs; minor breach of duty) – for
a) damages resulting from injury to life, body or health,
b) damages resulting from the breach of an essential contractual obligation (i.e., an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you regularly rely and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
The strict liability for damages (Sec. 536 a German Civil Code) for defects existing at the time of conclusion of the contract is excluded.
8.3 The limitations of liability resulting from sec. 8.2 shall also apply to breaches of duty by or in favour of persons for whose fault we are responsible under the statutory provisions. They shall not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods and for claims the Product Liability Act (Produkthaftungsgesetz).
9. Commencement, Term, Termination, Withdrawal
9.1 The term of your subscription begins with the delivery of the first Tribu Box.
9.2 You can freely choose the term of the subscription during the order process. The maximum subscription term is 12 months. Please do keep in mind, when choosing the right term of the subscription for your needs, that we only offer Tribu Boxes for babies until age of 36 months. So, e.g., if your baby is 24 months old, we'd suggest choosing a 12-month term so that your baby can enjoy our service until it is 36 months old and that you are not paying for months that you'll not be using.
9.3 After the end of the subscription period, the contract is extended for an indefinite period of time if you do not terminate the contract with a notice period of one month to the end of the term. If the contract is extended, you can cancel it at any time with one month's notice. During the subscription period you have chosen, the contract cannot be terminated ordinarily.
9.4 The termination of the contract without notice for good cause (extraordinary termination) remains unaffected. Good cause shall be deemed to exist if the party giving notice of termination cannot reasonably be expected to continue the contract until the expiry of the notice period, taking into account all the circumstances of the individual case, in particular any fault on the part of the contracting parties, and weighing up the interests of both parties.
9.5 If you buy a used toy, you can withdraw from the purchase contract according to the legal provisions.
10. Right of Revocation
10.1 The following revocation policy applies to you as a consumer. As a consumer, you are only entitled to the right of revocation if the contract is concluded exclusively by means of distance communication, in particular via our Shop.
– REVOCATION INSTRUCTION –
You have the right to revoke the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you must inform us (Tribu Berlin UG, Boxhagenerstr. 117, 10245 Berlin, E-Mail: email@example.com) by means of a clear declaration (e.g., a letter sent by post, fax or e-mail) of your decision to revoke the contract. You can use the sample revocation form below, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation:
If you revoke the contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of the contract. For this repayment, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of the repayment. We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (Tribu Berlin UG, Boxhagenerstr. 117, 10245 Berlin, Germany) without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of the contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
– END OF REVOCATION INSTRUCTION –
10.2 We inform about the sample revocation form according to the legal provision as follows:
– SAMPLE REVOCATION FORM –
(If you want to revoke the contract, please fill out this form and send it to us).
- To: Tribu Berlin GmbH, Boxhagenerstr. 117, 10245 Berlin, Germany , e-mail address: firstname.lastname@example.org:
- 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 paper communication)
(*) Delete where not applicable
– END SAMPLE CANCELLATION FORM –
11. Trail Period
Regardless of any statutory right of withdrawal, you can try our service 14 days free of charge. In case you don't want the contract after all, you can, you can return the Tribu Box and you will not incur any costs. If you have already made payments to us, we will refund them within fourteen days from the day on which we received the Tribu Box.
12. Data Protection
13. Changes to the GTC
13.1 We are entitled to amend the GTC for the future at our reasonable discretion (§ 315 BGB), insofar as the amendments do not affect our or your major obligations and the amendments are reasonable for you.
13.2 We will inform you in text form of any amendments of the GTC at least six (6) weeks before the intended date of entry into force of the amended GTC. If you do not object to the amendments within six (6) weeks after receipt of the notice of amendment ("Objection Period") in text form, the GTC in the new version shall become part of the contract. If you exercise your right of objection within the Objection Period, the original GTC shall continue to apply. We will refer to the right of objection and the consequences of the (non-)exercise of the right of objection in the notice of amendment.
14. Final provisions
14.1 These GTC and the contractual relationship between you and us shall be governed exclusively by German law, excluding international uniform law, in particular the UN Convention on the International Sale of Goods (CISG), and excluding private international law. If you have your habitual residence in another country, you shall retain protection under the relevant provisions of your country of residence, which may not be derogated from by
14.2 Should any provision of these GTC be or become invalid, ineffective or unenforceable in whole or in part, or should a provision which is necessary in itself not be included, the validity and enforceability of all other provisions of these GTC shall not be affected. In place of the void, ineffective or unenforceable provision or in order to fill the loophole, a legally permissible provision shall be inserted which corresponds as far as possible to what the Parties intended or would have agreed upon in terms of the meaning and purpose of these GTC if they had recognized the ineffectiveness or the loophole. It is the express will of the Parties that this severability clause does not result in a mere reversal of the burden of proof, but that § 139 BGB (German Civil Code) is in total inapplicable.
15. Information on Dispute Resolution at Consumer Arbitration Boards
15.1 The European Commission provides a platform for online dispute resolution (OS). This platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations of online purchase contracts and online service contracts. The platform can be reached at http://ec.europa.eu/consumers/odr/.
15.1 We are not obligated to participate in dispute resolution proceedings at a consumer arbitration board pursuant to § 36 VSBG and have decided against voluntary participation in such proceedings.