Terms and Conditions – Ts & Cs

PREAMBLE

The terms and conditions of the Baby Shop Vienna in Section I pertains to sales transactions between consumers and the Baby Shop Vienna, herein after referred to as “Seller”, as contracts of sales made between entrepreneurs (according to § 2 UGB) and the Seller in Part I and Part II.

SECTION I – Consumer Transactions
1. Applicability

1.1 Representational Terms (“Conditions”) and regulated under pt. 8 rights of withdrawal and cancellation consequences for consumers apply, unless expressly agreed for contracts between the seller and the customer.
1.2 The scope of these terms and conditions shall also apply to all future business relations, even if it is not explicit in this respect.
1.3 For transactions with companies beyond the provisions of Section II apply to.
1.4 Collateral agreements, reservations, changes or additions to these terms and conditions are only valid if made in writing, which is especially true for the deviation from the written form requirement.
1.5. Should any of these terms and conditions be invalid for any reason whatsoever, it shall not be part of the contract, however, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid, purposeful provision.
1.6 By submitting his contractual acceptance (see para. 2) the contractor accepts these Conditions. Contracts are only possible on such terms.
1.8 If there are several, temporally spaced contracts at the time of delivery of the contract by the contractor in force and published by the seller or unhinged version of its standard terms is part of the contract, respectively. Several contracts with a specific contractor, without a written framework agreement, provides neither a continuing obligation nor a claim on other re-enter into a purchase contract.

 

2. Conclusion

2.1 The presentation of products on the business premises of the vendor, as well as the internet, does not constitute an offer in the legal sense. Rather, the offer will be made in each case and exclusively represented by the customer as described in section 2.2 and section 2.3.
2.2 On the business premises of the vendor the customer’s offer is made by handing over the goods to the collecting person and subsequent payment thereof. The Seller accepts such an offer by receiving the purchase price and delivery of the goods.
2.3 Over the Internet the customer’s offer is made by the order of an item or service. By clicking on the option “I agree to the above provisions – Buy” the customer is bound. The acceptance by the Seller takes place in this case by accounting and factual delivery of the ordered goods within a reasonable period. The reasonable period is a maximum period of 5 working days. The seller is also entitled to accept orders only in part or reject without giving reasons. The customer agrees in the event that they do not receive a message despite valid entered e-mail address in the form of an email, agree to contact directly with the vendor for further clarification in the agreement.

 

3. Distance Selling on the Internet

3.1 For the confirmation of a sale contract on the WEB-page “www.babyshop.at” it is necessary that the customer’s contact details (these consist of: title, full name, email address, telephone callback number, street, postal code and city) to be correct.
3.2 The customer is liable for the correctness of the information itself. In the case of entry of invalid contact, the seller holds bonds as free of damage.
3.3 The Seller is not obliged to examine the data submitted by the customer to be exhaustive or accuracy to store such data, which were incurred or generated in the course of an order for the time of handing over their power addition or otherwise to keep available for the customer
3.4 The customer must have full legal capacity under Austrian law. By clicking on the item “I confirm the accuracy of my information” the customer confirms the correctness of the information, in particular its name, its capacity and its address.
3.5 The Seller is not liable for an uninterrupted functioning of the website, it is entitled at any time, to carry out work on their site, which may also bring a disconnection / interruption, without notice. The seller is not obliged to provide a specific server capacity.
3.6 The listed prices on the internet provide retail prices, inclusive of VAT. Any additional freight, delivery, shipping or other costs to the customer, insofar as these costs can be calculated reasonably in advance, will be issued before an offer is made.

 

4. Payment

4.1 Unless agreed otherwise in writing, the claims of the Seller prior to handing over of the products ordered without deduction. A payment of the purchase price when buying on the internet is by means of the following methods of payment possible: “Credit cards”.
4.2 If you buy goods on the business premises of the Seller, the following payment methods are available: “Cash”, “payment by debit”, “credit card payment”.
4.3 The purchase price is payable in each case immediately upon acceptance of the offer by the seller. In “Credit cards accepted” the amount of the purchase price will be charged by the seller immediately to the credit card provided by the customer.
4.4 The seller benefits for the settlement of payments on the Internet turn services certified financial service companies and maintains with these an upright contractual relationship. An exhaustive list of those involved in the payment process company pays the seller the Internet open under “https://www.babyshop.at/index.php/kontakt/impressum”.

 

5. Collection, Delivery, Transport

5.1 If the customer purchases goods on the business premises (see 2.2) this is considered an immediate pickup.
5.2. If the customer collects the goods or services not during business hours of the shop assistant: Monday to Friday, 10: 00h-18: 30h and Saturday, 10: 00h-14: 00h – directly from [ 1140 Wien, Hütteldorferstraße 131-133] or a third party at home or abroad, which the vendor uses to perform their services, at least at the risk and – unless otherwise agreed – at the expense of the customer (sale). The risk shall also pass to the customer if the seller will provide additional services (eg assembly).
5.3 If delivery agreed at the expense of the seller, the seller bears only those costs of transport, which are obtained in accordance with § 33 of the General Austrian carrier conditions up to that time in which the transport operator is at the estate in or on by means of transport (eg swap body truck. ..),. The removal of goods in courtyards, on ramps, in rooms, shelves and the like is done in any case at the expense of the customer.
5.4 Shipping is usually either by mail or freight, rail or courier service, which the parties agree as usual traffic of despatch. If the customer has any particular requirements in terms of the transport company or the type of shipment, the transport is considered to be one of these types sent as approved by the customer.
5.5 Unless otherwise expressly agreed, all dates and deadlines apply exclusively to the delivery of services from the seat of the seller (ie transfer to the haulier). Order or purchase contract delivery deadlines set, are merely a reproduction of information from the manufacturer, transport company or customary delivery periods, for which compliance the Seller shall not be responsible. Unless expressly agreed otherwise, the seller does not have to provide the benefit of a fixed date.
5.6 An obligation to cheapest shipping is not always correct.
5.7 Partial deliveries are permitted.
5.8 If the customer does not explicitly state in writing within 3 days of purchase, the transport insurance which would be at their own expense, the shipping is uninsured.
5.9 Unless otherwise agreed and raised in connection with the delivery of legal fees, taxes, duties or charges, the customer bears as well as transport and delivery costs.
5.10 The delivery time is in control of the parties’ circumstances, such as Cases of force of nature, unforeseeable operational disturbances, official interventions, transport and customs clearance, transport damage, the Committee of important production and labor disputes to prolong the duration of the hindrance.
5.11 Delivery is made to those delivery address indicating the customer himself as the seller. Any additional costs incurred by the customer through an incorrect delivery address, is for the customer to bear.

 

6. Withdrawal rights, rights of withdrawal and cancellation consequences for consumers (after FAGG (6.1 to 6.8) or the Consumer Protection Act (6.9)

6.1 If a customer is a consumer under the Consumer Protection Act and he has based on these Conditions of Contract concluded either a distance contract or outside the business premises of the seller, and is the price to be paid in the latter case more than EUR 50, it can of this until the end of withdraw in point 6.2 period mentioned without explanation from the sales contract. This does not apply to the matters covered by item 6.8 exceptional cases, in particular for the acquisition of print-on-demand products which also meet the conditions set out in point 6.8.7. As a prerequisite for the effectiveness of his resignation, the consumer has to inform the seller of his decision to withdraw from the contract entered into by means of clear explanation. As a prominent statement means a consigned by postal letter, an electronically shipped, fax or demonstrable sent email. The resignation is basically bound to any particular form. The seller provides a sample of a withdrawal form below https://www.babyshop.at/widerruf ready.
6.2 Withdrawal periods
6.2.1 For sales contracts and other on the acquisition for consideration of a product-related contracts within 14 days from the day on which the consumer or a representative of third party, other than the carrier, ownership of the goods themselves, the last installment or the last acquires goods delivered has (§ 11 para 2 No 2 letter a) to c) FAGG).
6.2.2 For contracts for regular delivery of goods during a specified period of time, the period is 14 days from the day on which the consumer or a representative of third party, other than the carrier, acquires the material possession of the first goods.
6.2.3 In contracts for the supply of not stored on a tangible medium of digital content – unless the exception to the right of withdrawal in accordance with point 6.8.7 will apply – the time limit within 14 days from the date of contract.
6.2.4 The deadline to point 6.2.1 to 6.2.4 is regarded as sufficient if the notice of withdrawal is made within open time.
6.3 If the Seller of its duty under § 4 Paragraph 1 No. 8 FAGG failed, then the cooling-off period of 6.2 for twelve months extended. However, does the saleswoman keep their information requirements within 12 months from the relevant in item 6.2.1 for the period beginning the day after, the cancellation deadline is 14 days from that date to which the consumer receives that information.
6.4 If the consumer revokes the contract, the seller has to repay all payments received from the cancelled contract, without delay, but not later than 14 days after the day on which the notification of withdrawal. For repaying, the seller uses the same method of payment, which the consumer has used in the cancelled contract underlying payment/transaction. The seller refunded in this case the full purchase price without deductions. For sales contracts or other, on the acquisition for consideration of a product-related contracts, the seller may withhold the reimbursement until they either get the goods back, or the consumer has supplied evidence of the return of the goods.
6.5 The consumer has to hand over the goods promptly and in any event not later than 14 days from the day on which it shall inform the seller of any cancellation of this contract, to be returned to them or personally. The deadline is met if the consumer has sent demonstrably the goods before the deadline of 14 days, the consumer will bear the direct cost of returning even if the seller has previously informed him of his duty to pay the (redelivery) costs.
6.6 The consumer only has to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.
6.7 If the consumer of a contract on a tangible medium of digital content – unless the exception to the right of withdrawal in accordance with point 6.8 for the application comes – the consumer for services already rendered the entrepreneur no obligation to pay.
6.8 The consumer in particular in accordance with § 18 para 1 FAGG no right of withdrawal when concluding contracts.
6.8.1 Services, if the seller – based on an explicit desire by the consumer according to § 10 FAGG and a confirmation of the consumer through its knowledge of the loss of the right to withdraw with full performance of the contract – before the end of the withdrawal period according to § 11 FAGG with execution the service has started and the service was then completely rendered.
6.8.2 Goods or services whose price depends on fluctuations in the financial market depends on the entrepreneur’s control, which may occur within the withdrawal period.
6.8.3 Goods produced according to customer specifications or clearly tailored to personal needs.
6.8.4 Goods which can spoil quickly or whose expiration date has passed quickly.
6.8.5 Goods which are delivered sealed and are not suitable for reasons of health or hygiene reasons to return, provided that were unsealed after delivery.
6.8.6 Goods which were mixed after its delivery due to their nature inseparably with other goods.
6.8.7 The supply of not stored on a tangible medium of digital content, if the entrepreneur – with the express consent of the consumer, connected to its attention by the loss of the right to withdraw upon early start with the contract, and by making available a copy or confirmation in accordance with § 5 paragraph 2 FAGG or § 7 para 3 FAGG – has begun before the end of the withdrawal period according to § 11 FAGG with delivery.
6.9.1 If the agreed remuneration is less than EUR 50, the customer is the right of withdrawal pursuant to § 3 KSchG as follows: If the consumer has his contract used neither in the business premises of the seller still at one of these for at a fair or a market submitted prior, so he can withdraw from his contract application or contract. This withdrawal can be declared before or after the conclusion of the contract, the subsequent declaration is set as a period of 14 days. This period begins with the issuing of a certificate to the consumer, which contains at least the name and address of the entrepreneur, the information necessary to identify the contract information and a notice of the right of withdrawal, the withdrawal period as well as a procedure for exercising the right of withdrawal, but not before the conclusion of the contract, in sales contracts for goods as the date on which the consumer acquires the material possession of the goods. If the handing over of such a letter was omitted, this period is extended by one year and is the consumer’s right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract or delivery of goods to. Does the clerk keep a document within twelve months from the beginning of time after, the prolonged withdrawal period expire 14 days after that date on which the consumer receives the certificate.
6.9.2 This case, the exercise of the right of withdrawal, the provisions of the above items 6.4 and 6.5. There, the pattern of the cancellation of point 6.1 are used.
6.10 right of withdrawal of the consumer also not when he himself has established the business connection with the business or his representative view to concluding this contract, if the conclusion of the contract no meetings between the parties or their representatives are preceded or for contracts where the mutual services shall be provided as soon as they are usually closed by entrepreneurs beyond your premises and the agreed fee 25 euros, or if the company does not operate according to its nature in permanent business premises and the remuneration does not exceed 50 euros in contracts, which are subject to long-distance and Away transactions law (this case is the right of withdrawal in accordance with above-mentioned points 6.1 to 6.8) or at contract declarations made by the consumer in physical absence of the entrepreneur, unless he has been urged by the entrepreneur.

 

7. Retention of title

7.1 The goods delivered by the Seller and all claims are their property until full payment of all its claims from the respective delivery.
7.2 The customer is obliged to handle the goods during the period of retention of title. He has to inform the seller immediately of access by third parties, particularly in the case of execution, damage or even destruction of the goods. The customer has the seller in the presence of fault for all damages and costs under Austrian law of damages, which arise from a breach of this obligation.

 

8. Warranty

8.1 With regard to consumers within the meaning of the Consumer Protection Act apply to defects of the goods, the statutory warranty provisions (§§ 922 ff ABGB; §8 KSchG).
8.2 The product images on the website and/or folders to the seller can differ from the appearance of the products supplied in terms of color and size due to technical conditions. The delivered goods must be regarded as compatible with the Treaty if it complies with the other product specifications, it can be credited with the conditional or commonly expected characteristics.
8.3 The customer has the duty to check the goods for completeness, correctness and freedom from defects, especially to the integrity of the packaging, and any damage immediately to the Seller to known. A breach of this obligation does not restrict the statutory warranty rights of the consumer.
8.4 The presumption period is 6 months, starting from the delivery of goods / services to the customer (Free or takeover by the transport company). If the customer is in default of acceptance, the period begins with the conditional surrender was no such agreement, from the moment in which the seller benefit or a transporter is ready for delivery for the first time. The warranty period ends prematurely if the customer or a third party changes to make to the product or use, store or otherwise handle improperly.
8.5 The customer is not entitled to withhold payment because of insignificant defects or a product component therefore withhold payments because another part is showing significant deficiencies.
8.6. Any warranty claims are long inhibited when the customer is in arrears; However, this inhibition does not prevent the start, run and end of the warranty period.
8.7 In the case of justified and timely complaints, the customer is entitled to statutory warranty.

 

9. Liability

9.1 The seller is liable for damages according to legal regulations. Liability for slight negligence inflicted damage is excluded. This limitation does not apply to damages resulting from injury to life, limb or health of people and for claims under the Product Liability Act.
9.2 The Seller will fulfil its assigned duties in accordance with the generally accepted principles of law and their clients to inform them in time for foreseeable risks. However, the seller does not have knowledge of a particular type of use of their products by the customer, which is why they are neither obligated to educate the customer on the suitability or the safety of their goods for certain categories of use.

 

10. Data Protection

10.1 Known customer under the business relationship whom have given personal data such as: Name, address, email, telephone number and delivery address are stored and processed by us. We use the data in accordance with legal authorization to execute the order. By checking the box for the data protection agreement, the customer explicitly agrees that the information provided by him in the course of the contract personal data (such as name, address, email, telephone number and delivery address) will be used further for marketing purposes and thus particularly for submissions to commercial purposes stored and processed by SMS and e-mail in accordance with § 107 TKG. Any further disclosure of personal data to third parties does not take place. Both approvals – can be revoked at any time. Our company, under the statutory provisions of § 10 Act 2000 on the possibility of service use, which has committed itself under §11 DSG meets its obligations. Neither our company, nor our partners (service providers) data are transferred or to recipients who are domiciled except half of the European Economic Area. We are obliged to comply with the data security measures (§14 DSG) and data confidentiality (§15 DSG).

11. Change of Address

11.1 The customer is obligated to notify us of changes in his residential or business address and contact information during an existing business relationship immediately. If he fails to send this message, declarations shall also be deemed received if they are sent to the last known given address.

12. Jurisdiction, Applicable Law, Miscellaneous
12.1. Performance is the headquarters of the seller.
12.2 Jurisdiction for all disputes from this contract is the court for 1140 Vienna, the exception of the provisions in point 12.3..
12.3 If a customer is a consumer and has the date of the contract domiciled or habitually resident in Austria or is employed in the country, as can be justified for a lawsuit against him only the jurisdiction of the court within whose jurisdiction the domicile, habitual residence or the place of employment.
12.4 It is only the substantive law of the Republic of Austria, excluding its conflict of law rules and the UN Sales Convention. For consumers, this choice of law only shall be considered the mandatory provisions of the law of the country in which he has no habitual residence.

SECTION II. Entrepreneurs Business
If a contract is concluded in accordance with 1.1 with a contractor, the following deviating provisions also apply:

1. Applicability
1.1 Conflicting or deviating conditions of the contractor will only be effective, if they are expressly acknowledged in writing by the Seller. In particular, contract actions from the Seller does not constitute acceptance of any conflict of the Terms and Conditions.

4 Lien and Netting

4.1 Justified complaints shall entitle customers to withhold the bill. Alleged counterclaims against the demand for payment is not permitted, unless we explicitly agree to this.

 

8. Warranty

8.1 If the customer is an entrepreneur, he has to check the goods for completeness, correctness and other faultlessness, in particular package integrity. In the event of defects, he has to complain within a reasonable time, but not later than four working days after receipt of the goods. Later recognizable defects are also to be immediately reported at the latest within four business days after discovery. If the entrepreneur has found and reprimanded defects within the notice period, the delivery is considered approved and dispensed so that all claims such as ensuring challenge errors or damages for a later alleged deviation or defect (§ 377 UGB). This also applies regarding any incorrect deliveries or deviations of the delivery quantity.
8.2 If the customer is an entrepreneur, we shall have exclusive choice of legal remedy to eliminate a defect with timely notice. We are also free to convert the agreement immediately.
8.3 If the customer is an entrepreneur, he has the cost of returning the goods to pay in order for the exchange.

9. Liability

9.1 Customers who are business owners have to prove the existence of intent or gross negligence and to make claims for compensation within one year from the transfer of risk claims. The rules on compensation contained in these Terms or otherwise agreed shall also apply if the claim for damages is made in addition to, or instead of a warranty claim.
9.2 If the customer is an entrepreneur, any recourse claims under § 12 shall be excluded under the Product Liability Act, unless the claimant proves that the error was caused in our sphere and is gross negligence.
9.3 The Seller is liable for the statutory provisions only for damages insofar as intent or crass gross negligence can be proven. Liability for slight and simple gross negligence. The presence of blatant gross negligence or intent has to be proven by the victim, the burden of proof according to § 1298 ABGB is expressly excluded.
9.4 The compensation for consequential damages, mere financial losses and lost profit and damages to third parties is excluded in any case; Damages are purely objective and abstract to calculate.
9.5 Claims for damages must be brought within one year of acquisition, in other exclusion within six months of becoming aware of the damage and the damaging party, at the latest. The customer is in default with the acquisition, the period begins with the conditional surrender was no such agreement, from the moment in which the dealer is willing to perform for the first time. No liability is accepted for damage after this period asserted.

12. Choice of Law; Fulfilment and Jurisdiction
12.1 It is mandatory Austrian law, excluding the referral rules and the UN Sales Convention. Fulfilment is 1140 Wien. For disputes arising from, or about these Conditions of underlying legal transactions to the exclusive jurisdiction of the District Court for Commercial Matters or the Commercial Court in Vienna is agreed. This will be according to the size of the claim.

Vienna, December 2015