Terms of service

of Dotz-n-Ticklez GmbH, Brückengasse 1B, D-78462 Konstanz, Germany, registered with the Commercial Register of the Local Court of Freiburg under HRB 729891, VAT identification number DE364866395, represented by Christin Brutsche and Sabrina Seltmann – hereinafter referred to as "Lybbie".

§1 Scope of Application, Definitions

(1) The following General Terms and Conditions, in the version valid at the time of the order, shall apply exclusively to the business relationship between Lybbie and the customers defined in Paragraph 2 – hereinafter referred to as "you". They are not limited to the online shop but extend to all other sales channels (e.g. events, consultations, etc.). Any conflicting terms and conditions submitted by you will not be recognised by Lybbie unless expressly agreed to in writing.

(2) Lybbie's customers include private customers, business customers, municipalities, and government institutions. Private customers are defined as those for whom the purpose of the delivery or service is not predominantly attributable to their commercial or self-employed activity. By contrast, business customers are those for whom this is the case and who are natural persons, legal entities, or partnerships with legal capacity. Municipalities and government institutions are defined as public institutions.

§2 Conclusion of Contract in the Online Shop

(1) In the online shop at https://www.lybbie.de ("Online Shop"), you can browse Lybbie's product range and add items to your shopping cart via the "Add to Cart" button. By clicking the "Buy" button, you submit a binding offer to purchase the goods in your shopping cart and accept these Terms and Conditions. Before submitting your order, you may review and change your order details at any time.

(2) If you use one of the direct payment buttons on the cart page (e.g. PayPal) or the express checkout in the checkout area, you will be redirected directly to the login page of the respective payment provider. You complete the payment, and in some cases — depending on the payment provider — also the purchase, on that provider's site.

(3) Lybbie will then send you an automatic order confirmation by email, in which your order is listed once again and which you can print out using your device's "Print" function. This automatic order confirmation merely documents that your order has been received by Lybbie and expressly does not constitute acceptance of your contractual offer. The contract is only concluded upon Lybbie's declaration of acceptance. This declaration is issued in the form of an order confirmation sent by email. In this email, Lybbie will provide you with the contract text (consisting of the order, the General Terms and Conditions, and the order confirmation) on a durable medium (email) (contract confirmation). The contract text is stored in compliance with data protection regulations.

§2b Conclusion of Contract at Consultations, Events, or Other Occasions

(1) If a Lybbie consultant visits you as part of a diaper party or other event and you decide to purchase a product, you can place your order by contacting a Lybbie staff member present at the event. A customer account with Lybbie is required for this. If you do not yet have one, our staff will be happy to set one up for you.

(2) Your order is recorded electronically and automatically assigned to your customer account. You then pay for the goods using one of the payment methods listed in §6 Paragraph 3. You will subsequently receive an order acknowledgement by email, with the payment receipt attached.

(3) The goods you order on site (with the exception of those immediately available and expressly designated for immediate purchase) are not handed over to you on the spot, but are sent to you centrally by Lybbie. Your order is processed in Lybbie's ordering system in the same way as an order placed via the online shop. §2 Paragraphs 2 and 3 apply accordingly.

§2c Contract Language

The contract is concluded in German in all variants (§§ 2 to 2b).

§3 Prices and Discount Codes

(1) All prices stated on Lybbie's website include the applicable statutory VAT and are consumer prices. Prices for business customers, municipalities, and government institutions are individual and provided through tailored quotations. These are stated exclusive of statutory VAT.

(2) A general distinction is made between gift vouchers and discount codes. Gift vouchers may be used multiple times within their validity period of three years, until the voucher amount has been used up. This is not possible with discount codes. Cash payouts of gift vouchers and discount codes are excluded.

(3) Discount codes or gifted items cannot be retained in whole or in part if not all items purchased as part of the promotion or offer are kept. A proportional allocation of the discount in the event of partial returns is excluded.

§4 Payment Methods

(1) In the online shop, you may pay using the following payment methods: credit card (Visa, Mastercard), Klarna (bank transfer), PayPal, Apple Pay, and Google Pay. If you are redirected to your payment provider's site during the payment process, please also observe the general terms and conditions of the respective payment provider.

(2) At diaper parties and other events, you may pay exclusively in cash, by EC card, credit card, Google Pay, or Apple Pay.

(3) You can change the payment method stored in your customer account at any time.

§5 Warranty for Material Defects, No Guarantee

(1) For consumers, Lybbie is liable for material defects in accordance with the applicable statutory provisions on consumer protection and warranty law. For business customers, municipalities, and government institutions, warranty rights are excluded to the extent legally permissible.

(2) If you purchase a demonstration model, display item, or returned item, the statutory warranty rights also apply here. However, Lybbie points out that signs of use and other defects present at the time of purchase do not give rise to warranty claims in such cases, provided you were aware of them at the time of purchase and have expressly and separately agreed with Lybbie on the respective condition.

(3) No additional (strict) guarantee is provided in respect of the goods delivered by Lybbie.

§6 Liability

(1) Claims for damages against Lybbie are excluded. Excluded from this are your claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations). Also excluded is liability for other damages based on intentional or grossly negligent breach of duty by Lybbie, its legal representatives, or its vicarious agents. Essential contractual obligations (cardinal obligations) are those whose fulfilment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, Lybbie shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the claim for damages arises from injury to life, body, or health.

(3) The limitations set out in Paragraphs 1 and 2 also apply in favour of Lybbie's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability set out in Paragraphs 1 and 2 do not apply where Lybbie has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods. The provisions of the German Product Liability Act remain unaffected.

§7 Final Provisions

(1) If you are a consumer, the law of the Federal Republic of Germany shall apply to contracts between Lybbie and you, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and any provisions of international private law. Mandatory statutory provisions restricting the choice of law and concerning the applicability of provisions, in particular those of the state in which you have your habitual residence as a consumer, remain unaffected.

(2) If you are a merchant, a legal entity under public law, a municipality, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and Lybbie shall be Lybbie's registered office.

(3) The contract remains binding in its remaining provisions even if individual provisions are legally invalid. Statutory provisions, where available, replace the invalid provisions. However, if this would constitute unreasonable hardship for one of the contracting parties, the contract shall become invalid as a whole.

§8 Participation in Prize Draws

(1) Organiser, Purpose of the Prize Draw: The organiser is Dotz-n-Ticklez GmbH, Brückengasse 1B, 78462 Konstanz, Germany (hereinafter also "Lybbie" or "we").

(2) Eligibility: All natural persons aged 18 and over who have an Instagram account are eligible to participate. Participants must have their permanent residence in the Federal Republic of Germany, Austria, or Switzerland.

(3) Participation and Conduct of the Prize Draw: a) The prize draw runs in July and August on the accounts of the respective cooperating cloth diaper consultants. The closing date for entries is three days after publication of the post or reel on the account of the respective cloth diaper consultant (ending at 23:59). b) Participation is only possible via Instagram. c) To participate, the post or reel of the respective cooperating cloth diaper consultant must be shared on the participant's private account, the accounts of the respective cloth diaper consultant and of Lybbie.diapers must be followed, and the question or prompt posed must be answered in the comment field.

(4) Prizes: The prizes are awarded at random by the respective cloth diaper consultant organising the prize draw. The prize is the product advertised by the respective cloth diaper consultant. There is no entitlement to transfer, payout, compensation, or cash payment in respect of the prizes or prize draw opportunities.

(5) Early Termination: Lybbie reserves the right to end, cancel, or modify the prize draw at any time without prior notice for important reasons. Such cancellation or modification for important reasons may take place in particular if the proper conduct of the prize draw can no longer be guaranteed for technical or legal reasons. In the event of cancellation or modification, no claims may be asserted against Lybbie. If an interruption or termination is caused by the conduct of a participant, the organiser is entitled to claim compensation for any damage incurred from that participant.

(6) Data Protection Information: In addition to the data protection principles of Dotz-n-Ticklez GmbH, the following data protection information applies to this prize draw. a) Purposes of Processing / Legal Basis: The purpose of the data processing is the conduct and administration of the prize draw (determining winners, notifying winners, delivering prizes) in accordance with these terms of participation. The legal basis for the data processing in the context of the prize draw is Art. 6(1)(f) GDPR. b) Storage Period: The information collected as part of the prize draw is stored at least until the prizes have been delivered and can be requested for deletion by notifying us. c) Data is only passed on to third parties to the extent necessary for the conduct of the prize draw. Lybbie undertakes that all personal data will be treated confidentially in accordance with applicable data protection regulations, and that corresponding data processing agreements pursuant to Art. 28 GDPR have been concluded.

(7) Choice of Law, Legal Recourse: The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Legal recourse is excluded.