Terms and Conditions

Contents

1. Scope

2. Conclusion of the Contract

3. Right of Withdrawal

4. Cancellation of Appointments

5. Prices and Payment Terms

6. Liability

7. Applicable Law

8. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Sara Maradey, trading as “Your Baby's ABZzz - Baby- und Kleinkindschlafberatung” (hereinafter “Provider”), apply to all contracts for the provision of services concluded by a consumer or business customer (hereinafter “Customer”) with the Provider in relation to the services displayed by the Provider on its website. Any terms and conditions of the Customer are hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The service descriptions displayed on the Provider’s website do not constitute binding offers by the Provider, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Provider’s website. After placing the selected services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the services contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Provider may accept the Customer’s offer within five days:

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive; or
• by beginning to perform the service at the Customer’s request and notifying the Customer accordingly; or
• by requesting payment from the Customer after the Customer has submitted the order.

If several of the above alternatives apply, the contract is concluded at the time at which the first of those alternatives occurs. The acceptance period begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the Provider’s online order form, the contract text is stored by the Provider after conclusion of the contract and sent to the Customer in text form (for example by email, fax or letter) after the Customer has submitted the order. The Provider does not make the contract text available beyond this.

2.5 Before submitting the order in a binding manner via the Provider’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the recognition of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider’s withdrawal policy.

4) Cancellation of Appointments

4.1 Irrespective of any statutory right of withdrawal that may exist, the Provider grants the Customer the right to cancel an appointment for a service provided by the Provider free of charge in accordance with the following provisions (contractual right of cancellation).

4.2 The Customer may cancel the appointment without giving reasons up to 1 day (24 hours) before the beginning of the booked service by submitting a declaration to the Provider in text form (for example by email). Timely receipt of the declaration by the Provider is decisive for compliance with the cancellation period. If the Customer cancels the appointment within the required period, the Provider will fully refund any fee already paid within two weeks of receipt of the declaration. The Provider may use the same means of payment used by the Customer for the original payment.

4.3 Any statutory right of withdrawal held by the Customer remains unaffected by the contractual right of cancellation set out above.

5) Prices and Payment Terms

5.1 Unless otherwise stated in the Provider’s service description, the prices shown are total prices. No value added tax is charged because the Provider is exempt from VAT under the small-business regulation.

5.2 The available payment methods and payment terms are communicated to the Customer on the Provider’s website.

5.3 If a payment method offered through the payment service “Stripe” is selected, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe may use additional payment service providers to process payments, for which separate payment terms may apply and to which the Customer may be referred separately. Further information about Stripe is available online at https://stripe.com/de.

6) Liability

The Provider is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

6.1 The Provider is liable without limitation on any legal basis:

• in the event of intent or gross negligence;
• in the event of intentional or negligent injury to life, body or health;
• on the basis of a guarantee promise, unless otherwise agreed in this respect;
• on the basis of mandatory liability, such as under the German Product Liability Act.

6.2 If the Customer is a consumer based in Germany or a business customer, the following limitations of liability apply:

If the Provider negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage arising from the contract, unless liability is unlimited under the preceding section. Essential contractual obligations are obligations imposed on the Provider by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which makes proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. In all other respects, liability is excluded unless liability is unlimited under the preceding section.

6.3 The above liability provisions also apply with regard to the Provider’s liability for its vicarious agents and legal representatives.

7) Applicable Law

7.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

7.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time the contract is concluded are outside the European Union.

8) Alternative Dispute Resolution

The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: These GTC were prepared by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)

Version: 29 July 2026, 10:32:09