Terms and conditions

The online shop www.strollme.com is a product of Strollme GmbH, based in Frankfurt am Main.

‘strollme’ is a trademark of Strollme GmbH, under which goods are offered for rent or purchase in the online shop. Strollme GmbH is hereinafter referred to as ‘strollme’ for short.

In this shop, consumers (hereinafter referred to as ‘Customer’) can conclude legally binding rental and purchase contracts for baby and children's supplies (hereinafter also referred to individually or collectively as ‘Rental Item(s)’ in relation to rental contracts and ‘Purchase Item(s)’ in relation to purchase contracts) with Strollme GmbH by placing an order.

Pursuant to Section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

§ 1 Scope of application

These General Terms and Conditions (hereinafter referred to as ‘GTC’) in the version valid at the time of the customer's order apply to all orders placed via the online shop www.strollme.com.

§ 2 Conclusion of the contract

2.1 The mere presentation of rental and purchase items in the online shop does not constitute a legally binding offer to conclude a rental and/or purchase contract. The product range in the online shop is subject to change and non-binding. By clicking the ‘Order now’ button, the customer submits a binding offer to conclude a rental and/or purchase contract, provided that he/she has previously agreed to these GTC by ticking the box provided for this purpose and has taken note of the cancellation policy.

2.2 Receipt of the customer's order will be confirmed immediately by email, although this order confirmation by strollme does not constitute acceptance of the offer. It merely serves to inform the customer that the order has been received and contains the legally required information about strollme as a potential rental and/or purchase contract partner and these GTC with cancellation policy in the event that a contract is concluded.

2.3 The contract is accepted by strollme by means of a separate order confirmation by email. If a rental and/or purchase item is not available or not available in the corresponding version, the customer will receive a corresponding notification email within 3 working days.

2.4 In the event of an offer to conclude a rental contract by the customer by initiating the order process, strollme reserves the right to demand a rental deposit of up to 3 months' rent from the customer before accepting the contract.

§ 3 Prices, shipping costs and payment

3.1 The prices quoted in the online shop for the purchase and rental items include the applicable statutory VAT and shipping costs. strollme may agree shipping costs with the customer for individual purchase and rental items if this is indicated when the respective product is ordered (‘e.g. price plus shipping costs in the amount of’).

3.2 The online shop offers various payment options from which the customer can choose, whereby strollme reserves the right at any time to no longer offer certain payment methods and to refer to other payment methods.

3.3 Chargebacks of credit card debits for which the customer is responsible entitle strollme to charge the customer for the fees incurred. These may vary depending on the payment method and credit institution.

§ 4 Liability

4.1 In the event of slight negligence, strollme shall only be liable in the event of a breach of material contractual obligations (cardinal obligations), i.e. those which the contract specifically intends to impose on strollme in accordance with its content and purpose or the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded.

4.2 The personal liability of strollme's legal representatives, vicarious agents and employees for damages caused by them through slight negligence is also limited to the extent described in section 4.1.

4.3 strollme is not liable in the event of unauthorised and/or unauthorised use of the rented and purchased items.

4.4 The aforementioned limitations of liability do not apply to damage caused intentionally or through gross negligence, to culpably caused physical injury (injury to life, limb and health) or to liability under the Product Liability Act and in the case of other mandatory liability offences. Furthermore, it does not apply if and to the extent that strollme has assumed a guarantee.

4.5 The customer is liable without limitation in accordance with the statutory provisions.

§ 5 General

5.1 The law of the Federal Republic of Germany shall apply.

5.2 In the event of disputes regarding contractual obligations arising from online contracts between strollme and the customer, strollme informs that the European Commission has developed and offers a portal for online dispute resolution (ODR platform) so that disputes between sellers/service providers and consumers can be settled out of court. The ODR platform can be accessed via the following link: http://ec.europa.eu/odr. The customer can use this platform to submit a complaint regarding the online purchase contract or online service contract. The above-mentioned page http://ec.europa.eu/odr contains all the necessary information regarding the submission of a complaint and the corresponding procedure. strollme is neither willing nor obliged to participate in a dispute resolution procedure before another consumer arbitration board. The following provisions (§§ 6, 7, 8, 9, 10, 11) apply exclusively in the case of the conclusion of rental contracts with the customer

§ 6 Services provided by strollme upon conclusion of a rental agreement

6.1 If a rental agreement is concluded, the rental item will be dispatched to the customer - if necessary in accordance with the customer's configuration - and made available to the customer for the contractually agreed duration of the rental relationship. strollme will endeavour to carry out the delivery on the delivery date requested by the customer.

6.2 The rental item is only provided to the customer on a rental basis. strollme is and remains the owner of the rental item. Ownership is not transferred to the customer. The customer is not authorised to create rights for third parties (liens, transfer of ownership by way of security, etc.) in respect of the rental item.

6.3 The scope of delivery of the rental item is based on the product description of the goods stored in the online shop.

6.4 strollme is obliged to maintain and repair the rental item if the wear and tear of the respective rental item is attributable to its intended use by the customer (hereinafter referred to as ‘service case’). Service due to excessive use or wilful or grossly negligent or intentional damage to a rental item is excluded.

6.5 strollme will endeavour to service/maintain/repair the rental item within 48 hours of the customer contacting strollme by telephone, email or WhatsApp. The customer must include suitable evidence of the repair and/or maintenance work required (description and photo of the damaged/defective parts) in their service request. strollme must be able to judge from the service request whether and to what extent a service case exists. The service will then be carried out as agreed with the customer.

6.6 If the customer does not request the service due to a service case, strollme has the right to charge a fee of €20.00. In this case, the customer must also bear the costs of shipping and return shipping. The customer reserves the right to provide evidence of lower damages.

6.7 If strollme exchanges a rental item, the rental item to be exchanged will be handed over/returned directly to strollme by the customer.

§ 7 Rental period/rental period/maturity of the rental (only applies in the case of the conclusion of rental agreements with the customer)

7.1 The rental period shall commence on the delivery date of the rental item requested by the customer, at the latest upon delivery of the rental item if this should only take place after the requested delivery date, and shall be at least three months. The customer can select the desired duration of the rental period when placing the order.

7.2 The rental period shall be automatically extended by a further month in each case if the rental agreement is not cancelled within 2 weeks before the end of the rental period and the rental item is not returned within 3 days of the end of the rental period. The customer must ensure that the timeliness of the return is adequately documented.

7.3 The rent is due monthly in advance for the following month.

§ 8 Extraordinary termination (only applies in the case of the conclusion of rental agreements with the customer)

8.1 Both contracting parties are entitled to terminate the rental relationship without notice for good cause if the other contracting party breaches its contractual obligations to such an extent that the other party can no longer reasonably be expected to continue the rental relationship.

8.2 An important reason for cancellation for strollme exists in particular (not conclusively) if

• the customer is in arrears with the payment of two consecutive months‘ rent or an amount equivalent to at least two months’ rent,
• enforcement measures are taken against the customer and/or there are entries in the debtor register,
• the customer uses the rental object in a manner that is significantly contrary to the contract despite a warning from strollme.
• the customer repeatedly makes unauthorised use of the service offered in accordance with §3 despite a warning from strollme, although there is no service case (no relevant wear and tear of the rental item or wear and tear due to improper use/willful damage and/or destruction).

§ 9 Condition and quality of the rental items offered (only applies in the case of the conclusion of rental contracts with the customer)

9.1 strollme offers both new and used rental items in the online shop. The following applies in this respect:

9.2 The rental items labelled as ‘new’ by strollme in the online shop are new and unused.

9.3 The rental items labelled ‘used’ by strollme in the online shop have already been rented out and are used.

9.4 For rental items labelled as ‘new’ and ‘used’ in the online shop, the information, illustrations and service descriptions contained in the online shop represent standard industry information. Minor deviations in quality, design and colour customary in the trade and materials are reserved.

§ 10 Handling and return of the rental item (only applies in the case of the conclusion of rental contracts with the customer)

10.1 The customer is obliged to treat the rental item with care.

10.2 The customer is obliged to inform himself about the proper and correct use of the rental object in accordance with the respective safety requirements before using it and must ensure such use. The rental item may only be used for the purpose specified by the manufacturer. In particular, the customer must familiarise himself with the safety instructions and specifications provided by the manufacturer as well as the instructions for use and assembly and observe them. The customer shall receive the instructions for use and assembly together with all other manufacturer's instructions, in particular the safety and operating instructions, for a rental item from strollme (by e-mail as a link or in the customer portal).

10.3 The customer may only use the rental item for private and personal use.

10.4 The customer is authorised to clean the rental item or have it cleaned.

10.5 The customer is not authorised to make changes to the rented item that damage its substance and cannot be removed without damaging it.

10.6 The customer is not authorised to make changes of any kind, in particular not to make improvements or repairs and to remove labels.

10.7 In the event of wilful damage to or loss of the rental item, the customer must compensate for the damage incurred.

10.8 At the end of the contractual relationship, the customer is obliged to return the rental item, including any accessories, in a timely manner and in the condition specified in the contract.

10.9 The customer is obliged to inform strollme immediately (e.g. by email or telephone) if the rental item a) has been involved in an accident (an accident is defined as an event that suddenly affects the rental item directly from the outside with mechanical force) and/or, b) another event, e.g. brake damage, other damage or loss, has occurred. b) another event, e.g. brake damage, other impact (e.g. caused by falling) or other external overloading of the rental item, and/or, c) the rental item has a defect or damage and/or, d) parts are missing/defective/loose.

§ 11 Theft, vandalism and loss of the rental object (only applies in the case of the conclusion of rental contracts with the customer)

11.1 In the event of theft and vandalism of the rental item, strollme will provide the customer with a replacement rental item for a one-off fee upon proof of the filing of a criminal complaint upon continuation of the rental contract. The applicable fee for the respective rental item can be viewed at https://strollme.notion.site/Preisliste-Diebstahl-Vandalismus-711784efe460459680dcaf81d59a9087.

11.2 For an additional monthly fee to be paid in addition to the rental price (hereinafter and in the online shop referred to as ‘theft protection’), the one-off fee in accordance with clause 11.1 is waived and the customer receives a replacement rental item in the event of theft or vandalism of the rental item upon proof of the filing of a criminal complaint. If strollme offers ‘theft protection’ for a product, the respective fee will be shown in the online shop during the ordering process and can be selected by the customer.

11.3 If the rental item is seized or confiscated from the customer or if the rental item comes into the possession of third parties in any other way, strollme must be informed immediately.

The following provisions (§ 12) apply exclusively in the case of the conclusion of purchase contracts with the customer.

§ 12 Special conditions for the conclusion of purchase contracts with strollme

12.1 strollme shall label purchased items in the online shop as ‘purchase products’ for which the Customer can submit an offer to conclude a purchase contract at the stated purchase price.

12.2 The statutory provisions apply with regard to liability for material defects (warranty).

12.3 strollme retains ownership of the purchased item until it has been paid for in full (retention of title).

12.4 strollme is entitled to make partial deliveries if this is reasonable for the customer and if the customer's interest in the entire contract has not lapsed as a result of the partial delay or partial delivery. In the case of partial deliveries, additional shipping costs shall only be incurred if this has been expressly agreed with the customer. A partial delivery is deemed to be the delivery of an order in several partial consignments/pieces. strollme is not authorised to make other partial deliveries without prior express agreement with the customer.

§ 13 Right of cancellation

Cancellation policy You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise the right to cancel, you must inform us (Strollme GmbH, Sachsenhäuser Landwehrweg 371, 60598 Frankfurt am Main, phone: +49 89 255525662, e-mail: abo@strollme.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).

You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until 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 cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of around 20.00 EUR, in the case of cargo bikes at a maximum of around 200.00 EUR.

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.

Sample cancellation form

You can use the sample cancellation form below to exercise your right of cancellation:

To Strollme GmbH, Sachsenhäuser Landwehrweg 371, 60598 Frankfurt am Main E-mail: abo@strollme.de I/we () hereby cancel the contract concluded by me/us () for the purchase/rental() of the following goods Ordered on ():____________________ / received on ():___________________ First name, surname of the consumer(s) _________________________________ Address of the consumer(s): ______________________________________ Street, house number, postcode, town, country: ______________________________________ Signature of the consumer(s) (only in case of notification on paper) ___________________________ Date ___________ () Delete as appropriate.