Terms and Conditions

General Terms and Conditions of Daddy & Son GbR

1. General Provisions

1.1. The following General Terms and Conditions apply to all business relationships between Daddy & Son GbR, represented by Sandro Fioravanti & Hema Fioravanti, Nassauische Str. 16A, 10717 Berlin, Germany, and the customer. Customers within the meaning of these Terms and Conditions are consumers and entrepreneurs.

1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.3. The contract language is German.

2. Conclusion of Contract

2.1. The contracting parties are Daddy & Son GbR, represented by Sandro Fioravanti & Hema Fioravanti, Nassauische Str. 16A, 10717 Berlin, Germany, and the respective customer.

2.2. The product offers of Daddy & Son on the internet do not constitute a binding offer to conclude a purchase contract, but rather an invitation for the customer to place an order.

2.3. The customer may submit the purchase offer by telephone, in writing by email, or via the ordering system integrated into the seller’s online shop.

2.4. Online Shop System

The goods intended for purchase are placed in the shopping cart. The customer can access the shopping cart via the corresponding button in the navigation bar and make changes there at any time.

After selecting the payment method and logging in or entering the required payment details, an overview page appears showing the customer’s personal data, order details, and selected payment and shipping information.

Before submitting the order, the customer has the opportunity to check all details again, change them, or cancel the purchase. By submitting the order using the corresponding button, the customer submits a binding offer to Daddy & Son.

2.5. Acceptance of your offer and thus the conclusion of the contract takes place in any case when you have bindingly initiated the payment process with your payment provider.

2.6. Storage of the contract text for orders via our online shop: We store the contract text and send you the order details and our Terms and Conditions by email. The contract language is German.

3. Payment

3.1. The stated price is binding. The statutory value-added tax is included in the price. Any additional delivery and shipping costs will be shown separately during the order process.

3.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which Daddy & Son is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions, exchange rate fees, or import duties and taxes such as customs duties.

Such costs may also arise if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

3.3. Payment via PayPal is possible. If payment is made using a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “PayPal”, subject to the PayPal Terms of Use.

During the order process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered there or first register, log in with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information is provided during the order process. The payment transaction is carried out automatically by PayPal immediately afterwards.

3.4. Payment by credit card: By placing the order, you also transmit your credit card details to us. After your legitimation as the lawful cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.

3.5. Payment by SOFORT bank transfer: After placing the order, you will be redirected to the website of the online provider SOFORT bank transfer. To pay the invoice amount via SOFORT bank transfer, you must have an online banking account enabled for participation in SOFORT bank transfer with PIN/TAN procedure, identify yourself accordingly, and confirm the payment instruction to us. Further information is provided during the order process. The payment transaction is carried out immediately afterwards and your account is debited.

3.6. Payment by Apple Pay: To pay the invoice amount via Apple Pay, you must use a suitable browser or compatible device, be registered with the service provider Apple, have activated the Apple Pay function, identify yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information is provided during the order process.

3.7. Payment by Giropay: After placing the order, you will be redirected to your bank’s website. To pay the invoice amount via Giropay, you must have an online banking account enabled for participation in Giropay with PIN/TAN procedure, identify yourself accordingly, and confirm the payment instruction to us. Further information is provided during the order process. The payment transaction is carried out immediately afterwards and your account is debited.

3.8. The entrepreneur only has a right of set-off if their counterclaims have been legally established or acknowledged by Daddy & Son. The entrepreneur may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

4. Delivery and Shipping

4.1. Goods are delivered by shipping to the delivery address provided by the customer to Daddy & Son, unless otherwise agreed.

4.2. If Daddy & Son is unable to deliver the ordered goods through no fault of its own because the supplier of Daddy & Son fails to fulfill its contractual obligations, Daddy & Son is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available; any payments already made will be refunded without delay. The customer’s statutory rights remain unaffected.

4.3. If the transport company returns the shipped goods to Daddy & Son because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if the customer was temporarily prevented from accepting the offered service, unless Daddy & Son had announced the service to the customer a reasonable time in advance.

Furthermore, this does not apply with regard to the costs of the original shipment if the customer effectively exercises their right of withdrawal. For return shipping costs in the event of the effective exercise of the right of withdrawal by the customer, the provisions set out in the separate withdrawal policy apply.

5. Retention of Title

For consumers, Daddy & Son retains ownership of the goods until the purchase price has been paid in full.

6. Transfer of Risk

6.1. For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer upon handover of the goods.

6.2. For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes upon handover; in the case of a sale involving shipment, upon delivery of the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.

6.3. Handover is deemed equivalent if the customer is in default of acceptance.

7. Warranty

All goods from Daddy & Son are subject to statutory warranty rights.

8. Liability of Daddy & Son

8.1. Daddy & Son shall only be liable for damages caused by intentional or grossly negligent conduct by Daddy & Son, its employees, legal representatives, and vicarious agents, or resulting from the breach of essential contractual obligations, so-called cardinal obligations.

Such an essential contractual obligation always exists if its fulfillment is necessary for the proper performance of the contract and if the customer may regularly rely on its compliance. If Daddy & Son, its employees, legal representatives, or vicarious agents negligently breach an essential contractual obligation, liability shall be limited to the extent of damage that typically had to be expected at the time of conclusion of the contract based on the circumstances known at that time.

8.2. The above limitation of liability applies to both contractual and non-contractual claims. Liability for damages arising from injury to life, body, or health is not excluded or limited. Likewise, any liability for claims arising from a guarantee given by Daddy & Son regarding the quality of the goods and claims under the German Product Liability Act remains unaffected.

9. Applicable Law and Place of Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10. Alternative Dispute Resolution

Daddy & Son is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.