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GTCS - General Terms and Conditions with Customer Information

1. scope of application
2. offers and service descriptions
3. ordering process and conclusion of contract
4. right of return and cancellation
5. prices and shipping costs
6 Delivery and availability of goods
7. terms of payment
8. reservation of title
9. warranty for material defects and guarantee
10. liability
11. storage of the contract text
12. data protection
13. place of jurisdiction, applicable law, contract language

 

1 Scope of application

1.1 The business relationship between Alma Babycare GmbH, Managing Directors: Adrijana Juric & Mag. Isabel Zinnagl, Kohlmarkt 16/1/18, 1010 Vienna (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. at hello@almababycare.com
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognised unless the seller expressly agrees to their validity.

 

2 Offers and service descriptions

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated for the products. Errors excepted.

 

3 Order process and conclusion of contract

3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping basket using the [add to basket] button. The customer can then proceed to complete the order process within the shopping basket by clicking the [Continue to checkout] button.
3.2 By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.

 

4. return & right of cancellation

4.1 You have a 7-day right of cancellation.
4.2 The buyer is entitled to withdraw from the order within 7 working days of receipt of the goods and to return the goods to the seller without giving reasons. This right of cancellation only applies to consumers within the meaning of the Consumer Protection Act and not to entrepreneurs. In the event of cancellation, the goods must be returned complete and in their original packaging, in an unused and resalable condition. Custom-made products, such as personalised products or orders manufactured according to customer specifications, or unsealed software, audio or video recordings and printed goods (books, magazines, etc.) are excluded from the right of return and withdrawal. The costs of returning the goods shall be borne by the buyer. The invoice amount to be refunded may be reduced accordingly by the seller if items are impaired by signs of use, damaged or incomplete.
4.3 For the cancellation period of 7 days, Saturday does not count as a working day. The period begins on the day the goods are received by the buyer. Timely dispatch of the declaration of cancellation (e.g. by letter or e-mail) or the goods to the seller Alma Babycare GmbH shall suffice to comply with the right of cancellation.
The cancellation or return is to be sent to:
Alma Babycare GmbH
Kohlmarkt 16/1/18
1010 Vienna
4.4 In the event of an effective cancellation, the services/benefits received must be refunded. If the value of the goods has been reduced by the buyer, the buyer is obliged to pay compensation. This does not apply if the deterioration of the goods is exclusively due to their inspection as would have been possible in a shop.
Alma Babycare shall not be liable for the shipping costs of returning and exchanging goods ordered from the webshop.

 

5 Prices and shipping costs

5.1 All prices stated on the Seller's website include the applicable statutory value added tax.
5.2 In addition to the prices quoted, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.

 

6 Delivery and availability of goods

6.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
6.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
6.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
6.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

 

7 Payment modalities

7.1 The customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
7.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
7.4 If the due date of payment is determined by the calendar, the customer shall be in default by missing the deadline. In this case, the customer must pay the statutory default interest.
7.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.
7.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

 

8 Retention of title

The delivered goods remain the property of the seller until full payment has been made.

 

9 Warranty for material defects and guarantee

9.1 The warranty shall be governed by statutory provisions.
9.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed of the warranty conditions before initiating the order process.

 

10 Liability

10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

11. storage of the contract text

11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.


12. data protection (see also separate data protection provisions)

12.1 The seller processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.
12.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
12.3 The customer has the right, upon request and free of charge, to receive information about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it.
12.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.

 

13. place of jurisdiction, applicable law, contract language

13.1 The place of jurisdiction and place of fulfilment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2 The contract language is German.
13.3 Platform of the European Commission for online dispute resolution (OS) for consumers

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