General terms of use for our web services and the HiPP BabyClub

Dear visitor to our website,

On the following page, you will find specific terms of use for the offers and features on our website. We would be delighted if you were to use the opportunity to contact us and to stay in touch with us. Please take note of the following regulations when making use of our offers. If you would like to find out about the safe handling of your personal data, you can read our data privacy policy here.

1. General terms

The following terms of use apply to the worldwide use of newsletter subscription, HiPP BabyClub, competitions, all contact forms, and for the online shop at www.hipp.de. These terms of use are subject to change by the operator, the HiPP group of companies, at any time. Users will be informed of the current version of the general terms of use on the website, and will then have the right to object within two weeks following the notification of the changes in the BabyClub. In this case, all personal data of the objecting user, and all access data belonging to this user, will automatically be deleted. In addition, the operator will inform users of this right to object, and of the fortnightly deadline, in case of changes. No further entitlements, especially claims for damages of any kind, shall arise for the user. Upon registration, and on each subsequent use, the user fully accepts the current version of these general terms of use.

The present document constitutes a contract of adhesion for the use of the Internet page www.hipp.mx (hereinafter "Web Site" and/or "Web Page") that you celebrate: on the one hand, Importadora Deutschmex S.A. de C.V. (hereinafter "HiPP" and/or "the Company"), in its capacity as responsible and for the other, the User, subject, both parties, to the provisions of this document.

ACCEPTANCE OF TERMS AND CONDITIONS

By entering and using this Internet portal, identified with the domain name www.hipp.mx, property of HiPP, the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares his acceptance using electronic means for this purpose, in terms of the provisions of Article 1803 and other relative Federal Civil Code.

For the purposes of this contract, the parties agree that "User" means any person of any nature who enters the website www.hipp.mx and / or any of the subpages that display its content and / or the person of any nature who is registered and / or uses any of the services offered through such page.

If the User does not absolutely and completely accept the Terms and Conditions of this contract, the User shall refrain from accessing, using and observing the Website and/or any other service offered by HiPP. 

In the event that the User accesses, uses and observes the Site, it shall be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated therein by reference, as well as the applicable laws and regulations in accordance with the legislation in force for the use of the Website.

HiPP will not keep an individualized copy of this agreement between the User and the Company, and the User is therefore advised to keep a copy of these Terms and Conditions of Use for his/her own records.

In the event that the User violates these Terms and Conditions of Use, HiPP may terminate its use, exclude the User from future operations, and/or take such legal action as it deems appropriate for its interests.

USE OF THE SITE

The User and HiPP agree that:

- In order to use the Website the User must be at least 18 years of age or accessing the Website under the supervision of a parent or legal guardian.

- HiPP grants a non-transferable, revocable license to use the Website, under the Terms and Conditions of Use described above, for the purpose of purchasing personal items sold on the Website. The User may only print and/or copy any information and/or image contained or published on the www.hipp.mx website for personal use only, and the commercial use of such information is expressly and strictly prohibited. In case of being a legal entity, it will be subject to the provisions of article 148, section IV of the Federal Copyright Law. The reprint, publication, distribution, assignment, sub-license, sale, electronic reproduction or by any other means, partial or total, of any information, image, document or graphic appearing on the website www.hipp.mx, for any use other than non-commercial personnel is expressly prohibited to the User, unless with the prior written permission of HiPP. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this paragraph, without prior notice.

- Certain services and related features that may be available at www.hipp.mx may require registration or subscription. The User acknowledges that, by providing personal information, it grants HiPP the authorization indicated in article 109 of the Federal Copyright Law. If the User decides to register or subscribe to any of these services or related functions, the User undertakes to provide accurate and updated information about himself/herself, and to quickly update that information if there is any change.

- Each Site User is solely responsible for keeping passwords and other account identifiers secure. The account holder is fully responsible for all activities that occur under his or her password or account. Furthermore, the User must notify the Company of any unauthorized use of his/her password or account. In no event shall HiPP be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this section.

- During the registration process, the User agrees to receive promotional emails from www.hipp.mx However, subsequently, the User may opt-out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

- HiPP reserves the right to block access to or remove in whole or in part any information, communication or material that in its sole discretion may be: i) abusive, defamatory or obscene; ii) fraudulent, artificial or deceptive; iii) in violation of any third party's copyright, trademark, confidentiality, trade secret or other intellectual property right; iv) offensive or; v) in any way in contravention of this agreement.

- HiPP does not presume that the content of its Website can be legally viewed outside of the United Mexican States. Access to the content may not be legal for certain persons or in certain countries. If the User has access to the content from outside the Mexican United States, it is at his/her own risk and is responsible for compliance with the laws within the jurisdiction in which the User is located.

- Users are prohibited from violating or attempting to violate the security of the HiPP Web Site and affiliated HiPP Web Sites; the User is prohibited from doing so: (a) access data to which the User is not authorized to use or log on to a server or account to which the User does not have authorized access; (b) attempt to examine, scan or test the vulnerability of a computer system or network or violate security or authentication measures without proper authorization; (c) attempt to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or HiPP's affiliated websites; cause saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mails, including promotions and/or advertising for products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

- User acknowledges that violations of computer system or network security may result in civil or criminal liability. HiPP will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in investigating such violations under the terms of applicable law.

- For proper access to the Site, Users must have equipment and facilities necessary for their Internet connection (computer, telephone, modem, software, etc.), the use of these equipment being the sole responsibility of them.

- HiPP is exempt from any responsibility that occurs due to interruptions or suspensions of the Internet access service caused by the failure in the telecommunications system, in the supply of electric power, fortuitous cases or force majeure or an action of third parties that may disable the equipment that provides access to the network.

- Therefore, HiPP is not responsible for any damage or loss to the User caused by failures in the system, the server or the Internet. Nor shall the Company be liable for any virus that may infect the User's computer as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, text or audio contained therein. Users may NOT impute any liability or demand payment of damages, by virtue of technical difficulties or failures in systems or the Internet. HiPP does not guarantee continued or uninterrupted access and use of the Site. The system may eventually not be available due to technical difficulties or Internet failures, or any other circumstance beyond the Company's control; in such cases, an attempt will be made to re-establish it as quickly as possible without any type of responsibility being imputed to it. HiPP shall not be liable for any errors or omissions contained in the Site.

INTELLECTUAL AND INDUSTRIAL PROPERTY AND COPYRIGHTS

HiPP acknowledges that it is the sole owner of the intellectual property rights, whether registered or not, on the site www.hipp.mx , including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, trade names and data included on the Website www.hipp.mx. The entire content of our site is also protected by copyright as a trademark.

INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHTS

HiPP acknowledges that it is the sole owner of the intellectual property rights, whether registered or not, on the site www.hipp.mx , including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, trade names and data included on the Website www.hipp.mx. The entire content of our site is also protected by copyright as a collective work under Mexican copyright laws and international conventions. All rights reserved.

Users are advised that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property and copyright.

The copying, reproduction, adaptation, modification, distribution, commercialization, license, sending, disclosure, public communication and/or any other action that generates an infraction of the Mexican or international legislation in force in the matter of intellectual and/or industrial property, as well as the use of the contents of the Site without previous express authorization in writing from HiPP.

In the event that the User transmits to HiPP any information, programs, applications, software or in general any material that requires to be licensed through the Website www.hipp.mx, the User hereby grants HiPP a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, exhibit and publicly perform them.

The foregoing shall also apply to any other information that the User sends or transmits to HiPP, including, without limitation, questions, criticisms, comments and suggestions for renewing or improving the Website, whether these have been included in any space on the indicated page or by virtue of other means or modes of transmission known or to be developed in the future. In addition, when the User submits comments or criticisms to the website, HiPP also grants the right to use the name that the User submits in the framework of such review, comment, or any other content.

Therefore, the User hereby expressly waives any action, demand or claim against HiPP, its affiliates or suppliers for any actual or potential violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User himself sends to the website www.hipp.mx.

In the event that any content published on the Website is deemed to violate intellectual or industrial property rights, the User may make a notification by contacting HiPP's Customer Service Center. The User will have to indicate: i) true personal data (name, address, telephone number and e-mail address of the claimant); ii) handwritten signature with the personal data of the holder of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such infringements on the aforementioned website; iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the allegedly infringed intellectual property rights; v) express, clear and responsible statement by the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of such rights.

The Website contains links to third party websites. These links are provided solely as an advantage of the Website to the User and do not imply that HiPP has approved the content of such third party websites. HiPP is not responsible for the content of linked third party websites and makes no representations regarding the content or accuracy of material on such third party sites. If the User decides to access third party websites via these links, he does so at his own risk.

ADVERTISING MATERIAL

The User acknowledges and agrees that some parts of the Website may contain information, images, advertisements and other advertising or promotional material from third party sponsors and advertisers (hereinafter "Advertising Material"). Advertisers and sponsors are responsible for ensuring that Advertising Material submitted for inclusion on the Website complies with applicable laws and regulatory codes. HiPP is not responsible for any errors or inaccuracies in the Advertising Materials.

Furthermore, the User hereby acknowledges and accepts that said Advertising Material is protected by the applicable intellectual and industrial property laws.

GUARANTEE OF THE ACQUIRED PRODUCTS

HiPP acts as a distributor of manufacturers or wholesale distributors who guarantee that the products marketed on the www.hipp.mx website function correctly and are free from hidden defects or vices which could make them dangerous or unsuitable for normal use. Notwithstanding the foregoing, each User's use of the products is his sole responsibility, without any liability to HiPP.

The duration of the contractual warranty is clearly detailed on the product page of each item and is issued and endorsed by the manufacturer or supplier of each product.

No User may request a warranty beyond that indicated therein. In such cases, HiPP shall not be liable for such warranties, nor shall HiPP collect the defective product(s).

The warranty shall lapse in the event of defects or deterioration caused by external factors, accidents, in particular, electrical accidents, wear and tear, improper use, or installation and use not in accordance with the instructions of the supplier or manufacturer.

Products transported, modified or repaired by the User or any other person not authorized by HiPP are excluded from the warranty. The warranty shall not apply to apparent defects and conformity defects of the product, for which any claim must be made by the User in question within 7 calendar days after delivery of the products.

PRODUCT INFORMATION

The information given about each product, as well as the photographs or videos related to them and the commercial names, brands or distinctive signs of any kind contained in the HiPP Site, are exposed exclusively for orientation purposes. HiPP is not responsible for any errors or inaccuracies in product information.

CREDITS AND PROMOTIONS

HiPP will inform the Users subscribed to the newsletter, by e-mail, of all future promotions and opportunities, with the respective dates and conditions.

Promotions will have specific terms and conditions, and Users interested in participating will be responsible for reading and understanding these terms and conditions.

HiPP coupons are not cumulative with other coupons from the same store.

Credits generated by HiPP's promotional actions (coupons, etc.) may be exchanged exclusively for physical products marketed on the Website www.hipp.mx Credits may not be exchanged for other credits.

PURCHASE OF PRODUCTS

In order to purchase the products, the User must pay for the selected products, taxes and shipping costs through the payment service providers that HiPP makes available to the User on the Website. The User may only purchase products through the Website to be delivered to an address within the territory of the United Mexican States.

Once the purchase has been made by the User, through the implicit acceptance of the Terms and Conditions of Use, HiPP will send an e-mail to the User informing him/her of the details of the purchase made.

PAYMENT

Payment for products purchased on the Site may be made through any of the means of payment offered by the Site, including but not limited to: credit card, debit card, OXXO payment. The list of means of payment offered may be subject to modification at any time without prior notice to Users.

Payment by credit card or any other means of online payment must be made on the Site.

The order number assigned at the time of the transaction on the Site does not imply acceptance of the transaction. In the event of any problem with your order, the User will be notified by email or telephone.

HiPP will send the purchase confirmation via email. Only after confirmation of payment will the products be released for delivery to the delivery address indicated by the User.

HiPP reserves the right to request official documents from its customers, as a means of validating the process of purchasing products through the Site.

In case of ignorance on the part of the Banking Institution corresponding to the charges made by the corresponding User through credit card and derived from operations carried out on the Site, HiPP reserves the right to initiate the corresponding legal actions and to terminate the penal or civil responsibilities as the case may be or of any other nature, as well as to carry out all those internal actions that may go from charging the User's credit card again until the definitive termination of the User on the Site, for which the User's prior authorization is not required.

ACCEPTANCE ORDER AND PRICES

All prices of the products indicated through the Website include VAT and any other taxes that may apply to them. However, these prices do not include the expenses corresponding to the shipment of the products, which will be detailed separately in each order and must be accepted and paid, prior to shipment, directly and exclusively by the User.

The User must consider that there are cases in which an order cannot be processed for various reasons. In this regard, HiPP reserves the right to refuse or cancel any order for any reason, at any time. In addition, it must be clear that the User may be asked for additional information even before accepting the order.

HiPP will provide the most accurate pricing information for Users, however, certain errors may still occur, such as when the price of an item is not displayed correctly on the Website. As such, the Company reserves the right to refuse or cancel any order. In the event that the price of an item is incorrect, HiPP may at its discretion contact the User for instructions or to cancel the order and notify the User of such cancellation. It should be noted that HiPP shall have the right to cancel such orders, whether or not the order has been confirmed and payment has been made.

PRODUCT AVAILABILITY

All products offered on the Site are subject to stock and availability, so delivery time may vary upon notice from us, or may even proceed to cancel the order and refund the User's charges in case.

If the delivery time offered is not to the User's entire satisfaction, you can request cancellation of the order.

SHIPPING COSTS AND DELIVERY OF PRODUCTS

HiPP will send the products purchased by the User to the address specified by the User for this purpose provided that such address is within the coverage area communicated by HiPP. 

The delivery time starts from the confirmation of the payment by the bank, online payment platform, or HiPP Credit department.

Products will be shipped and delivered to the User by third parties (hereinafter referred to as "Carriers"). By virtue of the foregoing, the User agrees to submit for shipment and delivery of the products to the delivery policies of the Carriers themselves which are incorporated by reference into these Terms and Conditions of Use.

The term described on the Site is an estimate. In this way, it is possible that such term changes for reasons of logistics and force majeure. In the hypothesis that for any fortuitous event or force majeure that may delay the delivery of products purchased on the Site, HiPP will at all times be exempt from any liability.

In the event that the User has not received the products within the period declared by HiPP, the User must contact the Company through the Customer Service Center.

The cost of freight will be added to the value of the goods purchased and will be calculated and reported to the User prior to confirmation of purchase. The cost of freight may depend on factors such as the total weight of the goods, distance and type of delivery, and may be modified by HiPP at any time without prior authorization from the User.

At the time of delivery, the person who receives the merchandise will be asked for an official identification (voter's card, passport, FM2 migratory form or driver's license), so it is required to have this document at hand in the delivery of the purchase.

HiPP suggests that the User verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, he is requested not to receive delivery from the Carrier and to immediately contact HiPP's customer service center.

CANCELLATION OF PURCHASE OF PRODUCTS

The User may cancel the purchase of Products made through the Website, provided that the Products purchased have not left HiPP's offices. In case the Products have already been sent by HiPP the User will not be able to cancel the purchase made, and will have to follow the procedure presented in the "Returns" section of these Terms and Conditions. The User will be able to check the status of the purchase made through the My Orders section of the User's Account or by contacting HiPP's customer service center.  In case of cancellation of the purchase made by the User, the amount paid by the User will be refunded in accordance with the "Refunds" section of these Terms and Conditions.

RETURNS

Return Conditions: 

The User may return the products purchased through the Website, provided that:

1. Request a return within 7 calendar days following the date of delivery OR, exclusively for defective products, within the warranty period specified for the products purchased.

2. The product or products are in the same condition in which they were delivered to the User and be, as far as possible, with the original packaging and labeling, or alternatively in some similar format to ensure the return in perfect condition.

 Return Process: 

The process of return of the Products will be the following one:

1. The User must contact HiPP's customer service center within the established period requesting the return of the products and providing, name and surname, order number, names of products to be returned, address at which the products will be collected. In the event that the return is due to the fact that the product or products are defective or it is a different product from the one acquired through the Web Site, the User must also express this circumstance, as well as mention, where appropriate, the defects of the products (hereinafter the "Request for Return").

2. Once the Return Request has been approved, HiPP may send the User a guide for shipment through the corresponding Transport Company, as well as schedule the date on which the Transport Company will pick up the products from the address provided by the User.

3. The User must, if applicable, pack the product in its original box or packaging, print and deliver the guide, as well as the Products in their original packaging or box to the Carrier on the date scheduled for that purpose.

REFUNDS

If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. If the payment was made by other means, the refund will be made through a bank transfer to the User's account.

The User will be reimbursed the cost of returned products plus the cost of freight paid by the User for them.

HiPP will not and will not be responsible for the expenses caused by those returns that are produced without respecting the steps established in the procedure presented in the section "Returns".

Deadline for refunds in case of cancellation

In case of cancellation of the purchase made by the User in accordance with the section "Cancellation of the purchase of products" of these Terms and Conditions, HiPP shall request a refund from the User for the full amount paid by the User within 7 calendar days from the date of cancellation of the User's purchase.

Deadline for refunds in case of return 

Upon receipt of the products returned by the User, HiPP will review the returned products.

If the products received by HiPP comply with the characteristics set out in point 2 of the "Return Conditions" section, the Company shall be obliged to refund the money paid by the User within 7 calendar days from the day on which HiPP received the returned products.

USER'S LIABILITY IN RELATION TO TRANSACTIONS

The User assumes responsibility for all costs, fees, taxes and claims arising from the use of this Website. The access data communicated to the User for his/her profile have been conceived exclusively for personal use, and must be treated confidentially. The User must change his/her passwords regularly. All transactions made through the profile account will be imputed to the holder of the relevant profile account and will be binding.

The User shall be liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or unlawful intent.

BILLING POLICIES

The User must send a billing request to the Company's customer service center 24 hours after the purchase was made. Invoice requests will not proceed for purchases that do not fall within this timeframe.   

When requesting the invoice it will be necessary for the User to have at hand and provide the following fiscal requirements:

- RFC with Homoclave

- Full name or company name

- Complete Fiscal Address including street, colony, delegation or municipality, state and zip code

- The manner in which the Payment was made (cash, electronic transfers of funds, nominative checks or debit, credit, service cards or the so-called electronic purses authorized by the Tax Administration Service).

- Indicate at least the last 4 digits of your payment account

- E-mail where the invoice will arrive

Once the corresponding invoice has been issued, HiPP will not be able to re-invoice or issue subsequent invoices.

RESTRICTIONS FOR MINORS

HiPP does not knowingly sell to minors and parents and guardians are encouraged to purchase products or register on the Website themselves.

The parents or guardians of minors shall be liable for acts performed by them in accordance with these Terms and Conditions of Use, including damages caused to third parties, actions performed by them which are prohibited by law and by the provisions of this agreement, without prejudice to the User's liability, provided that the User is not the parent or legal representative of the offending minor.

LIABILITY

The User hereby undertakes to indemnify and hold harmless HiPP and its subsidiaries, controlling company, shareholders, directors, employees, officers, advisors and agents against any actions, procedures, liabilities, demands, claims, losses, liabilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of attorneys and external advisors derived from or related to the violation by the User of: (i) these Terms and Conditions, and/or (ii) any applicable laws, rules, decrees or regulations.

HiPP reserves the right to assume the defense and control of any matter or claim that involves or may involve the payment of an indemnity associated with any breach by the User. The User undertakes to cooperate with HiPP in the development of the relevant defenses.

MODIFICATIONS TO THE SITE

HiPP may at any time and whenever it deems it convenient, without the need to notify the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to any claim or indemnity, or implying any acknowledgement of responsibility in favor of the User.

VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE

The Company, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and will come into effect upon their publication on the Site.

HiPP reserves the right to make alterations to this document without prior notice. HiPP therefore recommends that the User regularly read this document again, so as to be always informed of any changes. Alterations to the contract will become effective immediately after their publication on the Site. Once the modifications have been made, it will be assumed that the User who continues to use the Site will have full knowledge, will have read and consented to the reformed Terms and Conditions. In the event that the User does not accept the modified terms and conditions, the User shall cease to use the Website.

HiPP may at any time suspend access to the Website and/or terminate these Terms and Conditions. Termination of these Terms and Conditions shall in no way imply that HiPP shall indemnify the User. 

SUBSISTANCE

These Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract previously entered into. Any clause or provision of the present contract, as well as of the additional terms, legally declared invalid, will be eliminated or modified at HiPP's discretion, with the purpose of correcting its defect or defect. However, the rest of the clauses or provisions shall remain in force, binding and valid.

ADDITIONAL TERMS

From time to time, HiPP may revise, update and/or add to the Terms and Conditions of Use of this contract additional provisions relating to specific areas or new services that are provided on or through the Website www.hipp.mx, which will be published in the specific areas or new services of that site for reading and acceptance. The User acknowledges and accepts that such additional terms form an integral part of this contract for all legal purposes.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in Mexico City, waiving the application of the Convention on the International Sale of Goods.

ASSIGNMENT OF RIGHTS

The rights granted to the User must be considered as personal rights and the User may not assign or transfer them, nor authorise any third party to use them in any way. HiPP may assign all or part of its rights and/or obligations at its own expense to any third party, subsidiary or controlling company of HiPP without public permission.

TRANSFER OF RIGHTS

The rights granted to the User must be considered as personal rights and the User may not assign or transfer them, nor authorise any third party to use them in any way. HiPP may assign all or part of its rights and/or obligations at its own expense to any third party, subsidiary or controlling company of HiPP without the prior consent of the User. By virtue of such assignment, HiPP shall be released from any obligation in favour of the User set out in this contract.

NO WAIVER OF RIGHTS

The failure of HiPP, its affiliates or suppliers to exercise any right or action under this contract shall at no time be construed as a waiver of such right or action.

SEVERABILITY

The User agrees to indemnify HiPP, its affiliates, suppliers, vendors and advisors for any action, demand or claim (including attorneys' fees and court costs) arising from any breach by the User of this agreement, including, without limitation, any arising from:

Any aspect related to the use of the website www.hipp.mx. 

The information contained in or available on or through such Site or for libel, defamation or any other conduct in violation of this contract by the User in the use of the Web Page indicated.

Violation of applicable laws or international treaties relating to copyright or intellectual property, content or available on or through the Website.

OTHER

If any provision set forth in these Terms and Conditions is unlawful, void, or unenforceable in any jurisdiction, it shall not affect: (i) the legality, validity or enforceability in such jurisdiction of any other provision of this Agreement; or (ii) the legality, validity or enforceability in any other jurisdiction of such other provision or any other provision of this Agreement.

HiPP may not exercise any of the rights and powers conferred by this document, which does not imply in any case the waiver thereof, unless expressly acknowledged by HiPP, or the statute of limitations applicable to each case.

The headings of the clauses are incorporated to the same only for convenience and for its better handling, therefore they will in no way be considered for purposes of interpretation, nor will they affect the obligations contained therein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and/or legal notices published or communicated from time to time by HiPP through the Website, constitute the entire agreement between the User and HiPP in relation to the Services offered by HiPP through the Website.

2. Special terms of use for the HiPP BabyClub

Upon registration with the BabyClub, the user must be of legal age and must enter and send the required data truthfully. This is assured by the user. As there is no entitlement to registration, the operator has the right to refuse registration without giving reasons. Any later changes to user data must be provided unsolicited by the user, by updating their online profile. Each user may only register once and only have one user profile. The operator is not responsible for any identity fraud of individual users or for any inaccurate or out-of-date information.

Following confirmation of successful data entry, the user has the possibility to make use of all current offers in their chosen field of registration. This also applies to areas to which the user alone has access. The operator reserves the express right to change, extend or cancel offers and services at any time without prior warning.

The user chooses an individual user name and password at the time of registration with which they can gain access to the restricted areas. They themselves are responsible for this data and should take care that it is not misused. The operator can accept no liability for this. Should the password be lost or misuse is suspected, the operator shall be informed immediately in writing. The user shall be liable for any abuse by a third party, as long as they cannot prove that they are not in any way responsible for the misuse. The user name can, in principle, be chosen freely. However, it must not infringe on current German law. It is especially forbidden to infringe on the rights of third parties, to use unethical names or codes as names, or to use names with extremist content, even if the disputed content is not recognisable to outside parties. Commercial use of these services is also prohibited.

The HiPP group of companies regularly sends e-mails to registered users, relevant for their baby’s age. These e-mails (newsletters and regular pregnancy and parents’ letters) can be unsubscribed by e-mail at any time by the user, without stating a reason.

3. Special regulations for competitions

Participation in the various competitions is only possible for adult users. There is no legal obligation for the competitions to be held; there are no cash alternatives to the prizes unless otherwise stated. Employees of the HiPP group of companies and their relatives are not allowed to take part. If the competition is held with a cooperation partner, then the employees of the partner company and their relatives are also excluded from participation. The entry data is not sold or lent to third parties, or otherwise diverted from its intended use.

4. Special regulations for photo competitions

Users who enter pictures declare that they have the unrestricted right of use to the images, and agree that they may stay online for the dureation of the contest together with the additional data provided by the user. Participating users agree that we may publish the winners’ first names and first letters of their surnames or their correspondingly chosen data; the winners’ data may be passed on to the competition partner in order for the prizes to be delivered. Third parties will not receive any additional data. The photos may not be unethical, show the depicted persons in any inappropriate way or infringe in any way on current law. In particular, insinuating, extremist and offensive images of any kind are strictly prohibited. The operator is under no obligation to publish any pictures. Non-compliance will lead to the immediate disqualification of the user and, if necessary, criminal prosecution. Further rights to use the images are not given and remain entirely with the user who has entered them.

5. Special regulations for the HiPP App

With its connection to an interactive map (e.g. Google Maps), the app offers HiPP customers the possibility to find, share and review interesting places, such as baby-friendly restaurants, changing rooms, places that sell baby food, etc. In addition, the system offers a location finding tool. The user is free to decide whether to accept the location finder in this system or to enter a location of their choice.

Only locations which would be of interest to numerous users should be entered. Reviews (1-5 star system and individual comments) should be carried out truthfully and may not be unethical or infringe in any way on current German law. In particular, insinuating, extremist and offensive contributions of any kind are strictly prohibited. The operator is under no obligation to publish individual contributions. Non-compliance will lead to the immediate exclusion of the user and, if necessary, criminal prosecution.

In order to guarantee maximum safety for all users, it is necessary for every user who writes a review to identify themselves via membership in the HiPP BabyClub.