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(AGB) - General Terms and Conditions

 

Update: August 2016 / Version: 3.01.

 

 

§ 1 Scope of Application of General Terms and Conditions

These general terms and conditions shall apply to all or any offers of BAMBINO WORLD GmbH. By using www.bambinoworld.eu or www.bambinoworld.co.uk websites, you signify your agreement to be bound by these conditions. These general conditions are comprehensive and all other conditions of contract from the client that are not explicitly endorsed in writing by Bambino World, are not binding on BAMBINO WORLD GmbH.

 

§ 2 Conclusion of the Contract

Our product presentation in the BAMBINO WORLD online store is merely a non-binding invitation to you to order goods from us. By submitting the order you make a binding offer to conclude a purchase contract.

 

Acceptance of the offer is evidenced by the delivery of goods. The automatically generated order confirmation e-mail does not constitute acceptance of the offer, but only documents that the order is received. The decision about whether to accept an order is, in our sole discretion. If we cannot execute an order, we will notify you immediately.

 

If we find out during the processing of your order that the products you ordered are not available, you will be notified by e-mail. A contract for the unavailable product has not materialized.

 

We sell our products exclusively to end users over 18 Years of age.

 

The contract with the customer begins then as soon as the customer meets all in the offer contained conditions and exercises the purchasing function (acceptance).

  

 

§ 3 Prices

The (fixed) prices stated in the respective are - without exception - final prices - that is to say, they include all pricing components including any accruing taxes (value added tax - VAT) and duties.

 

§ 4 Delivery- and Forwarding Expenses

 

4.1 All prices shall be - if not otherwise expressly agreed - inclusive of packaging, however, without cargo, postage and insurance and conversion of currency.

 

4.2 The delivery expenses separately stated in the offers and forwarding charges result as the so called forwarding expenses. If you like to purchase several articles from us, you can already determine the accumulated delivery fees in advance. However, a common delivery is only possible, provided that the maxi-mum weight limit and the belt measurement of the supplier are not exceeded: If the weight of the delivery exceeds 31.5 kg, we must distribute the product to 2 parcels; more than 63 kg to 3 parcels, etc. the costs for packaging and delivery result according to the number of the respective parcels of our delivery charges and forwarding expenses, announced in the offer.

 

§ 5 Conditions of Payment

The purchase price becomes due within 7 days after conclusion of the contract. The goods are shipped after receipt of payment.

Payment can be made by payment methods stated in the offer:

Payment in advance

5.1 We ask that you transfer the invoice amount to our bank account within 7 days of payment. The Goods are shipped after receipt of payment.

 

5.2 Payment can be made with the payment methods specified in the offer.

PayPal

You pay directly from your PayPal account. After submitting your order you will be redirected to PayPal and enter the release order. We ship the goods as soon as our PayPal account has been informed of your authorization. When shipping to your PayPal account with the actual invoice amount after deduction of any discounts, gift certificates, etc. will be charged.

Credit card

After entering your card details on our secured website, your account is debited with the invoice amount.

 

After entering your card details on our secured website, your account is debited with the invoice amount.

5.3 Payments from the EU can be carried out with correct use of the IBAN / BIC codes at the same costs as domestic bank transfers. Accruing foreign payment fees shall be borne by the purchaser.

 

5.4 In case of default of payment we charge the legal interest on late payment.

 

§ 6 Delivery

 

6.1. The delivery occurs - unless otherwise agreed in the offer - within 7 days after receipt of payment by BAMBINO WORLD. Nevertheless, the delivery normally takes place immediately after receipt of payment by BAMBINO WORLD. The choice of the carrier is made by BAMBINO WORLD according to the best of its knowledge, but without guarantee for the choice of the quickest and cheapest dispatch.

 

6.2.The term of delivery is extended by all or any circumstances independent of the intention of the parties, as for example cases of force majeure, unpredictable operational disturbances, official interventions, transport and payment of duty delay, damages in transit, rejects of important manufacturing parts and industrial conflicts, for the duration of this respective impediment.

 

6.3. The delivery occurs to the address of delivery, specified by the customer. He/she assures that this address of delivery is correct and complete. Any possible costs resulting from the specification of a wrong ad-dress of delivery which caused false delivery shall be borne by the customer. 

 

§ 7 Retention of Title / Conditional Sale

Up to entire payment the delivered product remains exclusive property of BAMBINO WORLD.

 

§ 8 Right of Withdrawal and Consequences of Cancellation according to § 5 e ff KSchG (Austrian Consumerism Law)

 

8.1. Consumers can withdraw from the contract concluded with BAMBINO WORLD. It is sufficient if the cancellation statement is sent off within the term.

 

8.2. The cancellation term amounts to seven working days whereas Saturday is not considered to be a working day. With regard to contracts concerning delivery of goods the term begins with the day of arrival at the consumer, with respect to contracts concerning performance of services with the day of conclusion of the contract.

8.3. If the contractor (enterpriser) has not attended to his duties of information the cancellation term amounts to three months, from the date mentioned in point 8.2. If the contractor does not attend to his duties of information within this term, the term mentioned in point 8.2 regarding the execution of the right of withdrawal begins with the date of transmission of the information by the contractor.

 

The written revocation must be sent to:

Bambinoworld.EU GmbH
Czerninplatz 4
1020 Vienna
Austria

Email: info@bambinoworld.eu
Fax: +43 (0) 125 367 22 7279

The return of the goods must be sent to:

Bambinoworld.EU GmbH c / o Cargo-Partner GmbH
Airportstraße
A-2401 Fischamend
Austria

 

8.4. The consumer does not have any rights of withdrawal in respect of contracts concerning services,

  • the performance of which is started in favour of the customer within seven working days (point 9.2 first sentence) from conclusion of the contract according to the agreement,
  • goods or services, the prices of which depend on the development of rates at the capital markets, on which BAMBINO WORLD does not have any influence,
  • goods, which are produced according to customer specifications that are definitely adapted to personal needs which are not suitable for a return as a result of its nature and which can deteriorate quickly or the expiry date of which would be exceeded,
  • Audio or video recordings or software if the delivered goods have been unsealed by the consumer,
  • Newspapers, and magazines with the exception of contracts for periodicals,
  • Betting and lottery services
  • House deliveries or leisure services

 

8.5 In case of effective withdrawal, the purchase price must be returned within 30 days of the exercise of withdrawal by the consumer provided that BAMBINO WORLD has received the goods returned in their original packaging and undamaged. Non-transportable goods are picked up by Bambino World at the consumer. The consumer has to bear the costs of returning the goods.

 

§ 9 Warranty and Guarantee Provisions

 

9.1. The customer has to test the delivered product upon receipt for completeness, correctness and other flawlessness as far as possible and with his/her best efforts and to notify BAMBINO WORLD of possible defects within a reasonable term. A violation of this obligation results in no restriction of the legal warranty rights of the customer.

 

9.2. In case of any defects of the product the legal warranty provisions shall apply. Damages which have originated and resulted from improper use or treatment of the article are no warranty cases. The same applies to usual wear and tear.

 

9.3. Any possible producer guarantees mentioned in the offer are only and solely binding on the producer. An acceptance of guarantee by BAMBINO WORLD shall be excluded.

 

9.4. The product pictures can - due to resolution and size of the photos - differ from the appearance of the delivered products concerning colour and size. The delivered product shall be considered as according to agreement if the delivered pieces were identical to the illustrated/mapped ones as well as if the specifications included in the offer were fulfilled.

 

9.5. If the product was defective, BAMBINO WORLD could either remove or repair the defect at its own option and choice within adequate time, or, however, perform a spare delivery.

 

§ 10 Liability Provisions

BAMBINO WORLD shall be responsible for damages according to the legal provisions. Nevertheless, liability for slight negligently caused damages is excluded. This restriction of liability does not apply to damages resulting from violation of life, personal injury or violating health of people and to claims according to the Austrian product liability law (PHG).

 

 

§ 11 Data Protection Information and Declaration of Consent

 

11.1. The data given by the customer at BAMBINO WORLD websites www.bambinoworld.eu and www.bambinoworld.co.uk within the scope of the business connection, as for example name, address, e-mail, telephone number as well as address of delivery (data) are stored and processed by BAMBINO WORLD. BAMBINO WORLD uses the data within the scope of the legal authorisation to fulfil the order as well as for own marketing purposes (see point 12.2). Hereby the customer expressly agrees to the use of data for own marketing purposes by BAMBINO WORLD, in particular to sending of advertising news by e-mail. This approval to the use of data for own marketing purposes on the part of BAMBINO WORLD can be revoked by the customer any time by e-mail to info@bambinoworld.eu.

11.2. As required by law, the customer has a right to access, modify and delete their data, they can exercise at any time by sending an email to info@bambinoworld.eu.

 

§ 12 Jurisdiction

In case of contractor transactions as well as in case of transactions with consumers, whereas the consumer has neither residence or usual domicile in Austria at the time of filing the suit nor is occupied inland, the court locally responsible for 1010 Vienna shall be agreed to have exclusive jurisdiction for all disputes arising from this contract. In this case the authority of BAMBINO WORLD to appeal to another competent court of law that is responsible for the customer hereof also remains unaffected.

 

§ 13 Miscellaneous

 

13.1. Substantive Law of the Republic of Austria is applicable to the exclusion of reference norms and the UN-purchasing law. With respect to consumers this legal choice shall only and solely be applicable in this respect, as obligatory legal provisions of the state in which he/she has his/her usual residence are not replaced.

 

13.2. If several clauses of these General Terms and Conditions are ineffective, this does not affect the validity of the remaining provisions and the contracts concluded ac-cording to it. The parties will agree - instead of the ineffective provision - on an effective one which comes closest to the spirit and purpose of the ineffective provision.

13.3. All regular communications (including complaints) of the client for Bambino World may be sent by e-mail: info@bambinoworld.eu, fax: 0043 125 367 22 7279 and / or by mail at the following address:

Bambinoworld.EU GmbH
Czerninplatz 4
1020 Wien,
Austria.