Thank you for using toddgo!
The online marketplace is offered by Brugger Nicole & Brugger Simon GbR, Auenstr. 78, 80469 Munich, represented by Nicole Brugger & Simon Brugger, VAT-ID: DE303854527 ("we" or "toddgo").
§1 Scope of toddgo services
1.1 toddgo is an online marketplace that allows registered users ("members") who provide services (members who provide services are "Lessors") to publish children's items, especially child seats, strollers or child carriers, on toddgo ("Assortment") and to communicate directly with members and to complete transactions that want to book such children's items (members who use children's items are "tenants").
1.2 As the operator of the online marketplace toddgo offers children's equipment on behalf of the lessor within the online marketplace, but toddgo is not the owner, seller or reseller of children's equipments. Only information about members and assortments that have been approved by the respective member for the online marketplace is available. The information of each member will be displayed as provided by the member. toddgo can not guarantee that this information is correct. The respective member is solely responsible for the content of such information. toddgo expressly does not endorse the content of third parties.
1.3 When members make or receive a booking, they immediately contract each other. toddgo is neither party nor any other party to the contractual relationship between members. toddgo acts in no capacity as agent for any member except as stated in the terms of payment. For the mediation raises toddgo at the end of the booking (by clicking on the button "Book now") from the lessor a commission in the amount of gross 20% of the rent.
1.4 While we may assist in resolving disputes between members, toddgo does not control and guarantee the existence, quality, safety, adequacy or legality of assortments, the accuracy or accuracy of profile descriptions, ratings, reviews or other member content, and performance or the behavior of a member. toddgo makes no recommendations for members, children's equipment or assortments. Any indication that a member has been "verified" (or similar wording) indicates only that the member has completed a corresponding verification or identification process. This description does not constitute toddgo's endorsement, certification or guarantee with respect to a Member, its identity, background, trustworthiness, safety or fitness.
1.5 If you use toddgo as a lessor, your relationship with toddgo is limited to being an independent contractor and not an employee, agent, co-entrepreneur or partner of toddgo. You trade solely in your own name and on your own account and not in the name or on behalf of toddgo. toddgo does not direct or control you under these Terms of Service, including your equipment assortment, in general or in terms of your services. It is up to you whether you offer children's equipment or would like to do business or other business.
1.6 To promote toddgo and increase the visibility of potential tenant assortments, assortments and other member content can be viewed on other sites, in applications, in e-mail, and online and offline advertisements. To support members who speak a different language, advertisements and other member content may be translated, in whole or in part, into other languages. toddgo can not guarantee the accuracy and quality of these translations, and members are responsible for verifying the correctness of these translations. toddgo may contain translations provided by Google. Google disclaims all warranties, express or implied, with respect to these translations, including without limitation, their accuracy and reliability, and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
1.8 Due to the nature of the Internet, toddgo can not guarantee the continuous and uninterrupted availability and accessibility of the online marketplace. toddgo may limit the availability of the online marketplace or certain areas or functions of the online marketplace, if so in terms of capacity limits, the security or integrity of our servers, or to perform maintenance that will ensure the orderly or improved functioning of the online marketplace; necessary is. toddgo can improve, develop and change the online marketplace and from time to time introduce new services.
§2 Conclusion of contracts between members
2.1 The lessor rents tenants with existing availability children's equipment. Rental and return of children's equipment is possible during the lessor's business hours or via the pick-up and delivery service (if offered by the lessor).
2.2 The tenant can select from the assortment of the lessor, children's items especially prams, car seats and baby carriers and collect them via the button "book" in a so-called shopping cart. Tenants can only be adults. Via the button "book now" he makes a binding application to conclude a rental contract for the items in the shopping cart and for the period chosen by the tenant. Before sending the order, the tenant can change and view the data at any time.
2.3 toddgo then sends the tenant an automatic confirmation e-mail in which the tenant’s booking is listed again and which the tenant can print out via the "Print" function. Only with the dispatch of the confirmation e-mail, the contract between tenant and lessor is considered closed. The text of the contract is saved while maintaining data protection.
2.4 The conclusion of the contract for the booking of goods is concluded exclusively between the tenant and the lessor. Only the lessor owes the fulfillment of the contractual obligations from the booking. In the case of a booking, toddgo is merely a contracting agent and technical service provider offering to represent the partners in the conclusion of a contract by accepting and submitting statements for the partners without being or becoming party to the order.
2.5 The lessor is obliged to inform toddgo immediately about changes relevant to the contract (for example accident, theft, change of the rental agreement). If the members agree to change their term after conclusion of a rental agreement, then toddgo must be informed immediately.
2.6 The lessor is not permitted to demand additional fees, lump sums or other payments from the tenant in addition to the agreements in the lease.
2.7 toddgo may block the lease for individual members if the member has violated the terms of the online marketplace, has received negative reviews following a previous lease, or has a user-justified risk.
§3 Conditions of participation
3.1 Users can register for toddgo for free. The registration conditions are valid for the admission, which must be recognized with the registration, the hiring and the hiring.
3.2 In order to access and use the online marketplace or to register a toddgo account, you must be at least 18 years old and have unlimited legal capacity. By using the online marketplace you ensure that you are 18 years old and have unlimited legal capacity.
3.3 toddgo may make the use of the online marketplace or certain areas or functions of the online marketplace conditional upon certain conditions or requirements, such as completing a verification process, meeting certain quality and eligibility criteria, or the member's booking or cancellation history.
3.4 Each member has the possibility to save different data in his account. The member is obliged to enter this data truthfully and completely and to keep the personal data in its member profile always up to date and to add relevant changes without delay.
3.5 Each member of the online marketplace may only open one member account. The member account is not transferable. For security reasons, payments by a tenant can only be made from the account of the tenant entered in the rental agreement.
3.6 Violent, youth-endangering, racist or pornographic contents in the profile of a member are prohibited.
3.7 Each member of the online marketplace has to ensure that the content and materials used by him are free of third party rights.
3.8 Members may not refer to external offers in their profiles or messages that directly or indirectly compete with the services of Brugger Nicole & Brugger Simon GbR.
3.9 You can have your account deleted at any time by sending us a request by email to email@example.com.
§4 Special conditions for lessors
4.1 If a lessor offers an assortment via toddgo, he must choose at least one children's equipment from the toddgo product catalog.
4.2 The lessor fulfills all services for processing the completed booking between him and the tenant, in particular handing over and taking back the rented items, cleaning, inspection for damage.
4.3 The lessor provides the tenant with appropriate services. This includes answering customer inquiries for the proper use of the articles, as well as telephone availability during normal business hours.
4.4 The lessor committees to enjoy opening hours and extraordinary closing times, his branches always up to date in his profile.
4.5 The lessor committees to make all bookings or changes to bookings exclusively via the website of toddgo or a technology made available by toddgo. A directly agreed with the tenant reservation or change the booking is prohibited.
4.6 The placement and order of lessors in search results on toddgo may vary depending on factors such as search parameters, tenant preferences, availability, customer service and cancellation history, reviews and ratings.
4.7 The Member shall release toddgo from any liability to third parties arising from the use by toddgo of the texts and graphics provided by the Member.
4.8 The lessor committees not to connect any further rental marketplaces or to introduce himself during the cooperation with toddgo.
§5 Special conditions for tenants
5.1 Subject to the fulfillment of all of toddgo's requirements (such as completion of a verification process), a tenant may book a child's equipment available on the online marketplace by completing the relevant booking process. All charges, including delivery charges (if applicable) and any applicable taxes, will be notified to the tenant prior to booking a childrens equipment. The tenant agrees to pay the total fee for each booking made by him in connection with his toddgo account.
5.2. The indicated rent refers to the calendar day. Delivery day and pick-up day (if offered by the lessor) are considered as full performance day. The paid rental starts and ends with the handover of the children's equipment at the agreed place of delivery or at the specified rental station.
5.3 Upon receipt of a booking confirmation from toddgo, a binding contract will be concluded between the tenant and the lessor subject to the cancellation policy. toddgo will collect the total fees at the time of the booking request or after successful booking in accordance with the terms of payment.
5.4 The tenant agrees to return the rented items at the latest on the last day of the specified rental period. If he uses the article beyond the booked time without consulting the lessor, he authorizes toddgo to collect the fees for the exceeding of the rental period.
§6 Modification of these Terms of Service
§7 Booking changes, cancellations and refunds
7.1 Lessors and tenants are responsible for any changes made to a booking made through the online marketplace or through our customer service and are required to pay any additional rental fees and / or taxes associated with these booking changes.
7.2 If a lessor cancels a confirmed booking, the tenant will receive a full refund of the total booking fee within a reasonable period of time after cancellation.
7.3 In certain circumstances, toddgo may in its sole discretion decide that it is necessary to cancel a confirmed booking and make appropriate refund and disbursement decisions.
7.4 The free cancellation of rented items is the tenant up to 1 week before the rental possible. Thereafter, a cancellation fee of 50% of the contract value will be charged.
8.1 Tenants can leave lessors after completing a booking a public review and rate by a star rating. All reviews and ratings reflect the opinions of individual members and not the opinion of toddgo. Ratings and reviews are not checked for accuracy by toddgo and may be inaccurate or misleading.
8.2 Ratings and reviews from guests and hosts must be accurate and not offensive or defamatory.
8.3 Members are prohibited from manipulating the rating and review system in any way, such as inciting a third party to submit a positive or negative review of another member.
8.4 Ratings and reviews are part of the public profile of a lessor and may, together with other relevant metrics such Number of bookings, number of cancellations and other information to be displayed on toddgo.
§9 Damage to equipment
9.1 The tenant is responsible for returning the items (including accessories) in the condition in which they received them.
9.2 The lessor is responsible to inspect items after return by the tenant for damage, completeness and function.
9.3 If a lessor proves that the tenant has culpably damaged an item, the lessor may ask you for a compensation. If a lessor reports a claim to toddgo, you will be given the opportunity to respond.
9.4 The lessor committees to hand over all rental objects in perfect condition. Upon handover, the tenant carries out a functional test and confirms receipt of the rental object in a technically perfect condition.
9.5 If there is a defect at the beginning of the usage or if such occurs during use, the tenant must notify the lessor immediately and refrain from further use.
10.1 Lessors themselves are responsible for determining if and to what extent they are required to declare or pay sales or income taxes ("taxes").
10.2 Due to tax regulations, we may be required to obtain appropriate tax information from our lessors and / or to withhold any tax payments from lessors. If you fail as a lessor to provide us with sufficient documentation to fulfill any obligations of toddgo to deduct any taxes from any payments made to you, we reserve the right, pending a clarification of the facts, to suspend all payments to you and / or the to withhold any amounts prescribed by law.
§11 Term and termination
11.1 This Agreement is effective for a period of 30 days after which it will automatically renew for a further 30 days, until such time as the Members or toddgo terminate the Agreement in accordance with this provision.
11.2 Members can terminate the license agreement at any time by e-mail. When members cancel their toddgo account as lessors, all confirmed bookings will be automatically canceled and your tenants will receive a full refund. If members cancel their toddgo account as a tenants, all confirmed bookings will automatically be canceled. A possible refund depends on the cancellation conditions stated in §7.
11.3 toddgo may terminate the User Agreement extraordinarily and without prior notice and / or deny access to the Online Marketplace to Members if
- Members have seriously violated your obligations under these Terms of Service or the terms of payment (for example, member complaints, frequent cancellation of bookings, or improper care of rental property),
- Members have violated the applicable laws, regulations or rights of third parties or
- toddgo believes that such action is necessary and appropriate in good faith to protect the personal safety or property of toddgo, its members or third parties (for example, in the event of fraudulent conduct by a member).
§12 Prices and delivery conditions
12.1 The calculation of the services is carried out at the prices valid during the ordering process. The current prices for the rental can be queried via the Internet at www.toddgo.com.
12.2 The rental price is payable in euros. All prices include the applicable VAT.
12.3 The costs for the pick-up and delivery service are determined by the respective lessor, if the lessor offers this additional service.
12.4 The indicated rent refers to the calendar day. Delivery or collection day are considered as full performance day. The paid rental starts and ends with the handover of the rental items at the agreed place of delivery or at the specified rental station.
12.6 The lessor deliver only to tenants who are of legal age.
12.7 The return of the rental equipment must be made punctually at the agreed place of delivery or by arrangement at the indicated rental station.
12.8 The rental equipment are to be returned in a proper condition, such as during the takeover.
12.9 The tenant has to bear the direct costs of the return in case of a cancellation.
§13 Disbursement conditions for lessors
13.1 To receive a withdrawal, lessors must have a valid bank account linked to their toddgo account. Basically, toddgo initiates withdrawals to the specified bank account within 10 bank working days, after the end of the month. Only transactions that have taken place in the respective month will be paid out. Bookings in the future will be taken into account and paid out after they have been completed.
13.2 toddgo may delay or cancel a disbursement to prevent unlawful acts or to prevent fraud, for risk assessment or for security or investigation purposes.
13.3 The payment for one month equals the sum of all rental income from the bookings made, less a transaction fee of 20% plus VAT.
13.4 If a guest cancels a confirmed booking, toddgo will make a refund equal to the portion of the total fees due to the lessor in accordance with the applicable cancellation policy.
§14 Terms of payment for tenants
14.1 For the booking of children's items the following methods of payment are available to the tenant:
- Payment by credit cards by the service provider "Stripe": When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The payment method Credit Card Payment is handled in cooperation with Stripe Payments Europe, Ltd. ("Stripe") to which the provider withdraws his payment claim. Stripe Payments Europe, Ltd collects the invoice amount from the customer's specified credit card account. In case of assignment, only debt relief can be provided to Stripe Payments Europe, Ltd. The credit card will be charged immediately after sending the booking to toddgo. toddgo remains responsible for general tenant requests, even if the payment method Credit Card Payment is selected via Stripe Payments Europe, Ltd. for processing, delivery time or revocation. The terms and conditions of Stripe Payments Europe can be viewed at https://stripe.com/legal.
14.2 Tenants authorize toddgo to debit your payment method with the total charges for a booking request made in connection with your toddgo account. toddgo collects the total fees in the manner agreed between tenants and toddgo via the online marketplace. In principle, toddgo will deduct the total fees when the tenants confirm their booking with a click on "book now with costs". If the payment process for the requested booking is successfully completed, the tenants will receive a confirmation e-mail.
14.3 If a booking is canceled, by the lessor or by toddgo, any amounts collected by toddgo will be refunded. Any pre-authorization of your payment method will be released. The time of reimbursement or the granting of a pre-authorization depends on the payment method and any applicable regulations of payment systems (eg Visa, MasterCard, etc.).
§15 General terms of payment
15.1 Each member entitled to payments for children's equipment offered through the online marketplace ("Lessor") hereby appoints toddgo as its agent limited to the sole purpose of receiving funds from the members making use of such benefits ("Tenants"). With your payment to toddgo tenants are released from their obligation to pay the lessor.
15.2 In case of delay of the tenant, the lessor is entitled to resign. If the full payment has not been received by the lessor until the day before the beginning of the lease - at short notice bookings immediately - the lessor will charge the tenant 50% of the full rental price. The tenant is free to prove the lessor minor damage.
15.3 In case of late return of the items, the full rental fee is to be paid by the tenant to the lessor as a contractual penalty for each started day. The tenant is free to prove the lessor minor damage. Any other claims for damages hereby remain unaffected. If the tenant continues the use of the leased property after the end of the rental period, the lease is not tacitly extended (§ 545 BGB does not apply).
15.4 In case of delay of the tenant, the lessor is entitled to make all other claims against the tenant due and cease the contractual services until the tenant has fulfilled his due obligations.
15.5 The obligation of the tenant to pay default interest does not exclude the assertion of further damages by the lessor.
15.6 toddgo settles rental charges on behalf of the lessor.
§16 Data protection
16.1 toddgo is entitled to store the personal data of the members and commits to use them only in accordance with the legal provisions.
16.2 toddgo is entitled to pass on to the investigating authorities, to the necessary extent, information from the lessee, in particular the address, if the authority proves the initiation of an administrative offense or criminal proceedings.
17.1 toddgo accepts no responsibility for the accuracy and completeness of member information, for the content of members' profiles, or for the assortment or content of other websites linked to the site. Should toddgo become aware that unlawful content is contained in a member's profile or on a website accessible via a link on the website, toddgo will delete this content or disable this link.
17.2 toddgo does not guarantee the availability of member services under certain conditions.
17.3 Claims by the tenant for damages are excluded. This does not apply to claims for damages by the Lessee arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the lessor, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
17.4 In the event of a breach of essential contractual obligations, the lessor is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the tenant resulting from injury to life, limb or health.
17.5 The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the lessor, if claims are asserted directly against them.
17.6 The provisions of the Product Liability Act remain unaffected.
17.7 The tenant is liable for damages resulting from theft or damage, partial loss or loss of the rental objects during the rental period for the costs of the restoration, replacement by the lessor and for the lost rental costs up to the amount of the respective current value. This also applies when the rental period is exceeded for the remaining period as well as for expenses required to find and secure the rental objects.
17.8 The rental of the rented objects is not permitted to the tenant. If the leased property is an article for baby and child care, the use of this property in rooms in which smoking takes place is expressly prohibited. The tanent is prohibited from carrying out alterations and other interventions on the rental object.
17.9 The tenant must immediately report the theft of a rental object during the rental period to the lessor and a responsible police station. Following the police file number is to be transmitted to the lessor.
17.10 In case of accidents, the tenant is obliged to notify both the police and the lessor immediately. Otherwise the tenant is liable for the damages arising from the breach of this obligation on the part of the lessor.
You have the right to withdraw from this 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 taken possession of the last goods. To exercise your right of withdrawal, you must contact us Brugger Nicole & Brugger Simon GbR, Thalkirchnerstr. 47B, 80337 Munich, Phone: +49 89 12501952, E-Mail: firstname.lastname@example.org with a clear statement (e .g.) About your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. If you make use of this option, we will immediately send you a confirmation of receipt of such withdrawal. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, including delivery charges, without delay and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
Model withdrawal form
The right of revocation does not exist in the cases regulated by law, in particular according to § 312 g BGB.
About the model withdrawal form the provider informs according to the legal regulation as follows:
(If you want to cancel the contract, please fill out this form and send it back.)
To (Brugger Nicole & Brugger Simon GbR, Thalkirchnerstr 47B, 80337 Munich, Germany, Phone: +49 89 12501952, E-mail: email@example.com)
Hereby I / we (*) hereby revoke the following goods (*) / the following service (*) concluded by me / us (*)
Booked on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate
§19 Final provisions
19.2 These Terms of Service are not intended to convey any rights or remedies to any person other than the parties.
19.3 The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
19.4 On contracts between the lessor and the tenant, the law of the Federal Republic of Germany under exclusion of the UN Sales Convention applies. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the tenant as consumer has his habitual residence, remain unaffected.
19.5 If the tenant is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the lessee and the lessor is the registered office of the lessor.
19.6 If you are a resident of the EU, you can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr.
19.8 Place of jurisdiction is Munich