TERMS OF SERVICE
1. GENERAL / SCOPE
1.1. The following General Terms and Conditions (hereinafter referred to as GTC) apply to the conclusion of contracts for goods from Mag.a Zala Pušnik's online shop (hereinafter referred to as DWRG) at www.zala-hebamme.at. If the customer enters into a business relationship with DWRG by using the website, he accepts these terms and conditions as the basis of the entire business relationship.
1.2. Regulations or conditions that differ from the following terms and conditions do not apply. DWRG therefore expressly contradicts any provisions or conditions that differ from these GTC. All subsidiary agreements require the express written confirmation of DWRG to accept these subsidiary agreements.
2. ORDER / CONCLUSION OF A CONTRACT
2.1. The range of products offered in DWRG's online shop (www.zala-hebamme.at) is merely an invitation or request to the customer, and an offer to DWRG to purchase goods offered in the online shop for those specified in the online shop Conditions and to submit on the basis of these terms and conditions.
2.2. All prices quoted are in euros and include the statutory sales tax, but not shipping costs for shipments within and outside the EU. (see point 3).
2.3. The presentation of the products in the online shop does not represent a legally binding offer from DWRG but only a non-binding catalog of the range of goods displayed in the online shop.
2.4 By clicking the "ORDER WITH PAYMENT" button, the customer submits a binding offer to purchase the goods in the shopping cart and thus accepts DWRG's terms and conditions without any restriction or modification.
2.5. After completing the order process, the customer receives a confirmation of receipt of his order. This confirmation of the order is usually sent by email immediately after the order process. This order confirmation only represents the documentation of the order process and therefore does not yet mean acceptance by DWRG of any binding offer made by the customer to us.
2.6. A contract is only concluded through our express declaration of acceptance, which is sent in a separate e-mail, or directly by sending the goods within the specified days (date of dispatch of the goods to the shipping company) to the delivery address you specified.
2.7. If the goods you have ordered are not available at short notice at the time of your binding order, we will inform you of this by email. If the goods are permanently unavailable, no contract will be concluded for the goods ordered, which we will also inform you of by email.
2.8. DWRG especially reserves the right not to accept the offer if an article is not available, if you have not paid bills without authorization due to previous deliveries, if your credit card check is not successfully completed or if there are other legitimate doubts about your creditworthiness.
2.9. If DWRG cannot fulfill an order, you will be informed as soon as possible.
2.10. Orders are only accepted in quantities that are customary in households.
2.11. The goods presented on the website www.zala-hebamme.at were digitally photographed. There may be slight deviations between the presentation of the goods in the online catalog and in reality; such deviations do not constitute a defect in the goods ordered and therefore do not entitle the holder to assert warranty claims.
2.12. At this point, we would like to point out that we save your order data (see also point 10. Data protection).
2.13. You are obliged to enter the data you provide during the ordering process completely and truthfully.
3. DELIVERY / SHIPPING / RISK
3.1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The delivery takes place with different shipping service providers depending on the country. The individual delivery conditions and delivery costs can be found in the corresponding detailed information on the information page.
3.2. If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, although the delivery time has been announced to the customer with a reasonable period of time or the delivery address has not been specified correctly, the customer bears the costs for the unsuccessful delivery.
3.3. The place of performance is the seat of DWRG.
3.4. DWRG is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle DWRG to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part because of the not yet fulfilled part of the contract. Strikes, natural disasters, blockades, export and import bans and other sovereign interventions are equivalent to force majeure, regardless of whether they occur at DWRG or a supplier of DWRG. We must notify the customer immediately of the occurrence of an event of force majeure that will hinder an imminent delivery.
3.5. DWRG ships within and outside the EU subject to shipping costs.
3.6. For orders in and outside the EU, shipping is charged individually to the customer according to the destination address, weight and sum insured.
3.7. With regard to the transfer of risk, § 7b KschG applies to consumers:
If DWRG sends the goods, the risk of loss or damage to the goods is only transferred to the customer (consumer) as soon as the goods have been delivered to the customer (consumer) or to a third party other than the carrier designated by him. However, if the customer (consumer) himself has concluded the contract of carriage without using one of the options suggested by DWRG, the risk is transferred to the carrier as soon as the goods are handed over. Unless otherwise agreed, the customer (consumer) acquires ownership of the goods at the same time as the transfer of risk. For entrepreneurs as customers, the delivery of the ordered goods takes place at the risk of the ordering company and in this way the risk of loss or damage to the goods is transferred to the shipping company when they are handed over.
3.8. If the goods are not returned in an unworn and perfect condition, DWRG can demand compensation from the customer. For this reason, we ask you not to remove the security seal on returns!
4. PAYMENT
4.1. You can only pay for the goods by credit card, PayPal or instant transfer (Klarna).
4.2. All DWRG product prices are gross prices, include the statutory Austrian VAT and are shown in euros. The prices apply at the time of the order including sales tax plus all shipping costs until further notice.
4.3. The purchase price is due immediately with the order.
4.4. If the customer defaults on payment, DWRG is entitled to charge interest on arrears at a rate of 5% above the base rate announced by the Austrian National Bank. If DWRG has suffered higher damage caused by default, DWRG is entitled to assert this.
5. RESERVATION OF TITLE
The goods remain the property of DWRG until they have been paid for in full.
6. WARRANTY AND INSTRUCTIONS FOR USE:
6.1 The statutory warranty provisions apply to consumers, so that DWRG provides a guarantee for defects that already existed at the time of delivery within 2 years of delivery. A warranty claim is excluded in the event of improper use or external force.
6.2. Claims against DWRG from a manufacturer's guarantee that goes beyond warranty claims are excluded, as far as legally permissible. The customer is only entitled to claims from a manufacturer's guarantee against the manufacturer who promised the guarantee.
6.3. The warranty does not extend to normal wear and tear or wear and tear through use.
6.4. If there is a defect in the purchased item for which DWRG is responsible, DWRG is entitled, at its own discretion, to either remedy the defect or deliver a replacement. If DWRG is not ready or able to remedy the defect or a replacement delivery or if this is delayed beyond a reasonable period for reasons for which DWRG is responsible, the customer is entitled, at his option, to withdraw from the contract or to demand a corresponding reduction in the purchase price.
6.5. If a warranty case arises for a product purchased in the online shop, the customer can send the goods back to the contact address provided. If it turns out that there is no defect subject to warranty, DWRG reserves the right to invoice the customer for the costs incurred.
6.6. Compensation for (defect) consequential damage, as well as other material damage, financial damage and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
6.7. The goods purchased from DWRG's web shop are intended solely for their intended use. Please note the washing instructions enclosed with the order!
7. LIABILITY / NOTIFICATION OF DEFECTS
7.1 DWRG only accepts liability for intent and gross negligence, with the exception of injury to life, limb or health of a person. DWRG accepts no liability for financial losses in the event of slight negligence.
7.2 If the purchase is also a company-related transaction on the part of the customer within the meaning of Section 343 (2) of the Austrian Commercial Code (UGB), defects must be reported within 10 days of delivery of the goods to the customer, in accordance with Section 377 of the UGB; 922 ff. ABGB), claims for damages due to the defect itself (§ 933a Paragraph 2 ABGB) as well as from an error regarding the absence of defects (§§ 871 f ABGB) can no longer be asserted.
7.3. DWRG is not liable for the fact that the services offered by its website are accessible without interruption or that stored data is preserved.
8. RIGHT OF WITHDRAWAL (RIGHT OF WITHDRAWAL) OF CONSUMERS within the meaning of the KSCHG
8.1 For customers who are consumers, the special provisions of the Distance Selling and Foreign Business Act as amended (hereinafter FAGG) apply.
8.2 Consumers can withdraw from the contract concluded with DWRG within 14 days without giving reasons. The right of withdrawal does not apply to goods that are individually manufactured or otherwise adapted.
8.3 The withdrawal period begins on the day on which the consumer or a third party named by the consumer who is not a carrier takes possession of the goods, or if the consumer has ordered several goods as part of a single order, which are delivered separately on the day on which the consumer or a third party named by the consumer who is not acting as a carrier takes possession of the goods delivered last, or in the case of delivery of goods in several partial shipments on the day on which the consumer or a third party named by the consumer , a third party not acting as a carrier acquires possession of the last partial shipment.
8.4 In order to exercise your right of withdrawal, you must inform us (Zala Pušnik, Kumpfgasse 10/6 9020 Klagenfurt, 06605151832, demwunderraumhaben@gmx.at) about your decision to do so by means of a clear declaration (e.g. a letter sent by post or email) To revoke the contract, inform.
8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. The declaration of revocation must be sent to the following address / email address
Zala Pušnik
Kumpfgasse 10/6 9020 Klagenfurt
Austria
8.6 If you withdraw from this contract, we will send you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have chosen), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. However, we can refuse repayment until we have received the goods back in an undamaged condition. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
8.7 You have to send the goods immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract to the address given for the sending of the cancellation
Zala Pušnik
Kumpfgasse 10/6 9020 Klagenfurt
Austria
to be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired.
END OF REVOCATION
8.8 You bear the direct costs of returning the goods. The risk of loss and damage to the goods is only transferred to the goods upon receipt of the goods by Zala Pušnik, Kumpfgasse 10/6 9020 Klagenfurt, 06605151832, demwunderraumhaben@gmx.at.
8.9. You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. If the goods are not returned to us in an unused and resalable condition and in the original packaging with a security seal, a compensation for the value can be demanded. If you cannot return the received service in whole or in part or only in a deteriorated condition, we are therefore entitled to compensation from you. In addition, you can avoid any obligation to pay compensation for a deterioration caused by the intended use of the item by not using the goods as if you were your own property and by refraining from anything that could impair their value. For this reason, we ask you not to remove the security seal on returns!
8.10. The customer has no right of withdrawal for goods whose price depends on fluctuations in the financial market, over which DWRG has no influence and which can occur within the withdrawal period, as well as for goods that are manufactured according to customer specifications or are clearly tailored to personal needs. Therefore, if goods have been changed or manufactured for you, you as a consumer have no right of withdrawal within the meaning of the FAGG.
8.11. Contract, order and business language is German.
9. DWRG'S RIGHT OF WITHDRAWAL
9.1 If the customer is in default of payment, if the customer is in default of acceptance or if there are other important reasons, DWRG is entitled to withdraw from the contract.
9.2 In the event of default in payment by the customer, DWRG is released from all further performance obligations and is entitled to withhold outstanding services and to request advance payment or appropriate security.
9.3. If the customer withdraws from the contract - without being entitled to do so - DWRG has the choice of either insisting on the fulfillment of the contract or consenting to the cancellation of the contract.
10. PRIVACY POLICY
Please read our privacy policy. All data we collect is used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection regulations.
11. INFORMATION OBLIGATIONS OF THE CUSTOMER
When ordering, the customer is obliged to provide truthful information. If the customer's data changes, in particular name, address, email address, telephone number, the customer is obliged to notify DWRG of this change immediately by changing the information. If the customer fails to provide this information or if he provides incorrect data, in particular a wrong e-mail address, DWRG can withdraw from the contract insofar as a contract has been concluded.
12. EXCLUSION OF LIABILITY FOR THIRD PARTY LINKS
Insofar as the DWRG pages contain links to other pages on the Internet, DWRG expressly declares that it has no influence on the design and content of the linked pages. Therefore, DWRG hereby expressly distances itself from all content of all linked third-party sites and does not adopt this content as its own. This declaration applies to all links shown and to all contents of the pages to which the links lead.
13. APPLICABLE LAW / PLACE OF JURISDICTION / SEVERABILITY CLAUSE
13.1. Austrian substantive law is to be applied to all legal relationships between DWRG and its customers without exception, with the express exclusion of the rules of international private law and the UN sales law. For consumers within the meaning of Art. 5 EVÜ, their national mandatory consumer protection regulations apply, unless the respective Austrian regulations are more favorable for the consumer.
13.2. For all disputes arising from the contractual relationship or disputes in connection therewith, the exclusively competent court in Klagenfurt is agreed as the place of jurisdiction.
13.3. If the customer does not have a general place of jurisdiction in Germany, has relocated his place of residence or habitual abode abroad after conclusion of the contract, or if his place of residence or habitual abode is unknown at the time the action is brought, then Klagenfurt is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
13.4. If the customer has his domicile or his habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court can be established for a lawsuit against him according to §§ 88, 89, 93 Paragraph 2 and 104 Paragraph 1 JN in whose district the place of residence, habitual abode or place of employment is located. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence are also applicable to the contractual relationship.
13.5. Should individual provisions of the General Terms and Conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity and binding nature of the remaining provisions of the General Terms and Conditions and the contract concluded with the customer on the basis thereof shall remain unaffected. The ineffective or unenforceable provision is replaced by that effective and enforceable provision which comes closest to the legal and economic objectives of the General Terms and Conditions or the contract concluded with the customer on the basis of these and which the contracting parties pursue with the ineffective or unenforceable provision to have. This also applies accordingly in the event that the terms and conditions or the contract should prove to be incomplete.
