Terms and Conditions
1. General
The sale ("engagement") between Calice & Trauttmansdorff-Weinsberg OEG (FN 191669 t), Mollardgasse 85 A, 1060 Vienna, Austria (hereafter referred to as the "seller") and the customer (referred to hereafter as the "client") of products (referred to hereafter as "products") either produced, commissioned, or purchased from third parties by the Seller, is exclusively submitted to and regulated by the following conditions (referred hereafter as "Terms and Conditions") and does not take into consideration any prior agreements or arrangements , either verbal or written, between the Seller and the Client.
The Terms and Conditions are hereby acknowledged by the client.
It is hereby declared that all issues regarding to the sale of products between the seller and the client are submitted to and regulated by the present Terms and Conditions exclusively.
2. The engagement - the conclusion of contract
The engagement and contract between the Seller and the Client pertaining to the purchase of Products is the results of the concluded order placement by the client (=a binding offer) and the receipt, as well as the confirmation of the Seller's acceptance, of the order and offer. This confirmation, that clearly states the items in the order given by the Client, is communicated to the Client via e-mail by the Seller (typically) within 24 hours. An engagement can only be concluded with adults as defined by Austrian law (Individuals over the age of 18).
Information, data protection
The Client guarantees that the information provided by him/her is accurate and complete. The data provided by the Client is stored and processed in the Seller's database. The Client hereby explicitly accepts the saving as well as the processing of all data provided to the Seller by the Client. No data will be divulged to third parties under any circumstances whatsoever unless required by law. The e-mail address given by the Client to the Seller gives the Client the possibility to read, save and print e-mails sent to them by the Seller.
4. Price
All listed prices are net prices that include Austrian VAT.
5 Dispatch costs
In addition to the price of the product as defined above, the Client is expected to pay the Dispatch costs that apply to Products as indicated. In the case of cash on delivery (COD), a COD fee of EUR 3.50 will be incurred on the Client. Furthermore, in the case of COD, the client is obliged to take delivery of the Products. In the context of Product dispatch any arrears, delays and/or unavailability on the part of the Client must be communicated to the Seller forthwith and without delay. Any cost associated with and resulting of the arrears, delays and/or unavailability on the part of the Client are to be borne by the Client. Products are uninsured during the process of dispatch, which means that the client bears the risk of the product's loss during the course of dispatch. If the Client wishes to insure the Products during the course of dispatch, additional cost according to the size and value of the Products dispatched will be incurred on the Client. The request for insured dispatch must be submitted in written form by the Client.
6. Shipping and handling
All COD Product deliveries for Products stored by the Seller will be delivered within 2-3 working days after an order has been placed. When Products are purchased with a credit card, the Products will be delivered by the Seller to the Client upon the receipt of the full payment. For the delivery of products that are not stored by the seller, it will be conducted as rapidly as possible upon the Seller's receipt of the product. The Seller is not bound by the above-stated information pertaining to delivery time.
7. Reservation of proprietary rights
Until the Client's payment has been received by the Seller in full, the Product remains the property of the Seller.
8. Payment
Clients within Austria have the option to purchase their products by means of COD or credit card. All clients outside of Austria must purchase their products by means of a credit card.
In the case of Products being returned by the Client to the Seller, the invoice amount can be accordingly reduced. In the case of a delayed payment, a dunning fee of 15 Euros will be invoiced to the Client, as well as collection charges as legally required that amount to a minimum of 100 Euros. Statutory interest payable on arrears remains intact from the latter.
9. Security
Ensuring the security of the Client's personal information, particularly credit card details, is an utmost priority for the Seller. The Seller's credit card details are cryptographically secured with the SSL (Secure Socket Layer) procedure when these are transmitted to the seller. Hereby the personal data of the Client can not be read. In order for this to be achieved successfully, however, the Client needs a browser that is compatible with SSL. Most mainstream browsers such as Internet Explorer, Netscape, Mozilla and Opera are compatible with SSL.
Der Käufer benötigt dazu einen SSL-fähigen Browser. Die meisten modernen Browser, wie Internet Explorer, Netscape, Mozilla und Opera unterstützen SSL.
10. Place of fulfilment
The place of fulfilment is Vienna.
11. Right of withdrawal from a contract
The Client has the right to return a Product purchased from the Seller without giving reasons within 7 working days upon receipt of the Product. This right of withdrawal from a contract only applies to consumers on the grounds of consumer protection law and does not apply to businesses. The Products returned in this way must be must be returned complete and in their original packaging. Custom products, other products that can not be appropriately returned as well as unsealed digital, audio, or video recordings and printed products (books, magazines etc.) are excluded from the right of return or the right to withdraw from a contract. The costs applicable to the return of products must be borne by the Client. The amount to be refunded can thus be accordingly reduced by the Seller.
Saturday does not count as a working day in the context of the right to withdraw from a contract. The aforementioned time limit of 7 working days begins upon the receipt of the Product by the Client. The right of withdrawal from a contract is ensured with the timely posting of the written cancellation (by mail or e-mail) or of the product to the Seller.
The cancellation is to be addressed to:
Mothergoose
Calice & Trauttmansdorff-Weinsberg OEG
Mollardgasse 86A / Stg. 1 / Top 15 -17
1060 Wien
or email:
order@mothergoose.at
In the case of an effected cancellation, the services received must be reimbursed. If the product's value has diminished as a result of the Client, the Client must bear the compensation costs. This does not apply to the case in which the deterioration of the Product could be the result of its wear in the sales facility.
12. Guarantee
In the case of the delivery of an incomplete or defective product the cost of delivery shall be borne by the Seller. Furthermore the Client is entitled to the replacement of the incomplete or defect Product or to another product of equivalent value. A cash refund will only be made in the case of misdelivery of the Product on the part of the Seller and when the Product cannot be replaced by another Product of equivalent value.
13. Liability
The Seller is only liable to businesses for gross negligence with intention as defined by Austrian Law, and not for basic or slight negligence as defined by that law. The Seller is not liable to consumers for slight negligence other than in the case of injury to persons. Liability, with the exception of intent as defined by Austrian Law, is limited to the value of the Product. It is explicitly stated that the Seller is a middleman. The seller therefore guarantees the consistency between the Products and their description at the time of engagement. There is no guarantee against, and the Seller is in no way liable for variations in the style, colour, size and/or finish as well as for packaging irregularities of products.
In other respects, the guidelines provided by Austrian law are applicable. The Seller nevertheless is not liable for all damages caused by the product alone. In particular, the Seller is not liable for loss of profit and other financial losses.
14. Offsetting and Retention
The Client can only claim the right to offset when his/her rights have been legally established or recognised by the Seller on writing. Furthermore, the Client can only exercise his/her right of retention insofar as his/her counterclaim is based on the same contractual relationship.
15. Applicable Law
The contracts are subject to Austrian substantive law to the exclusion of uniform law on the international sale of goods. The seller's jurisdiction is the relevant court of law in Vienna, Austria.
16. Severability Clause
In the case that a clause in the present terms and conditions is invalid or becomes invalid, the contract/service/engagement as well as terms and conditions remain valid. The invalid clause shall be reinterpreted or complemented in such a manner as to most closely reflect the commercial purposes reflected herein.
17. Miscellaneous
The seller sells all his/her products in small amounts. This applies to the quantity of products in the context of a service as well as in the case of several orders of the same products each one of which is in small quantities.
The trademark rights and copyrights of all data published on the website by the seller (texts, pictures, graphics etc.) are the sole property of the seller. The use and/or distribution of any contents of the website is strictly forbidden unless the Seller gives his/her prior, explicit and written consent.
