(AGB) - General Terms and Conditions
Update: August 2006 / Version: 3.01.
§ 1 Scope of Application of General Terms and Conditions
These general terms and conditions (AGB) apply to all or any offers on the part of BAMBINO WORLD Handels GmbH, Trading Company Ltd. ("BAMBINO WORLD") on the online-marketplace eBay, irrespective of sales format (e.g. fixed price format, online-auction). By making and issuing a contractual statement (making the bid or exercising the fixed price option) the customer/client accepts and approves these general terms and conditions. It shall expressly be disagreed to differing contractual terms and conditions of the user.
§ 2 Conclusion of the Contract
According to bidding format, the successful accomplishment of the contract shall depend on the provisions below-mentioned as follows:
2.1. If an article/a product is put within the scope of an online-auction, so this online presence of the offer by BAMBINO WORLD on eBay shall be the binding offer regarding the conclusion of a sales contract. This is addressed to the customer who de-livers the highest bid during the term of the online-auction and fulfils any possible and additionally agreed conditions concerning the offer. The offer can be accepted during the individually defined term of the online-auction - this occurs exclusively via the bidding-function on the commercial platform provided by eBay. The customer accepts the offer by submission of a bid. The bid expires if a third party delivered a higher bid during the term of the online-auction. Besides, relevant for the measurement of the term of the online-auction is the official eBay-time. At the end of the respective and determined term of an online-auction in each case or in the case of an early termination, the contract shall be concluded with the customer who gives the highest bi at that time - unless, a minimum price, given in connection with the offer (so-called "Reserve-Price"), has not been achieved.
2.2. If an article/a product is put within the scope of an online-auction and, besides, is provided with a fixed price function ("immediately buying" or "immediately new"), so this online-placing by Bambino-World shall already be deemed to be an offer in the legal sense and respect. Hence, the contract with the customer shall be concluded irrespectively of expiry of the term and without realisation of an online-auction immediately at the given fixed price if the customer executes the fixed price option and fulfils any possible and additional conditions, stated concerning the offer (acceptance in the legal sense). The conclusion of the contract at the given fixed price is possible at parallel online-auction and fixed price function as long as when there has not been made a bid for this online-auction yet. If there is a minimum price in connection with the offer (so called "Reserve-Price"), the conclusion of the contract remains possible, notwithstanding still after delivery of bids within the scope of the online-auction, until the minimum price was reached or was exceeded.
2.3. If an article is exclusively placed in the fixed price format, so the connection of the offer by BAMBINO WORLD on eBay shall be the binding offer regarding the conclusion of a sales contract at the given price. Then the contract with the customer shall be concluded, as soon as the customer fulfils any conditions that are possibly included in the offer and executes the fixed price function ("immediately buying" or "immediately new") during the offer term (acceptance).
2.4. The wording is stored as an eBay website upon conclusion of the contract up to 90 days and can be seen under the respective eBay-article number. By means of the print-function of the browser there is the possibility to print out the website.
2.5. The several technical steps which lead to conclusion of the contract, the technical means for recognition and correction of input errors as well as the confirmation of the delivery/notification of electronic contractual statements comply with those measures provided by eBay.
§ 3 Prices
The (fixed) prices stated in the respective offers and/or highest bids 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 assurance.
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
5.1. The purchase price becomes due within 7 days after conclusion of the contract - that is after execution of the option "immediately buying" or with delivery of the highest bid within the scope of an online-auction by the customer.
5.2. Payment can be made by payment methods stated in the offer.
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 beared 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 at eBay. The customer assures that this address of delivery, deposited with eBay is correct and complete. Any possible costs resulting from the specification of a wrong ad-dress of delivery which caused false delivery shall be beared 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 in terms of the Austrian KSchG (Consumerism Law) can withdraw from the contract concluded with BAMBINO WORLD via eBay portal up to expiry of the terms mentioned under points 8.2 and 8.3. 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 ac-cording to § 5d paragraph 1 and 2 KSchG, 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.
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, provided that the delivered goods have been unsealed by the consumer,
§ newspapers, journals and magazines with the exception of contracts concerning periodical brochures (§26 paragraph 1 number 1 KSchG),
§ betting and lottery services as well as
§ house deliveries or leisure-services (§5c paragraph 4 number 1 and 2 KSchG).
8.5. In case of an effective cancellation the mutually received benefits shall be returned according to § 5 e KSchG. Goods to be dispatched by parcel/package-mail must be sent back by the consumer; goods that are not adapted for package-mail are picked up by BAMBINO WORLD at the consumer's address. The consumer has to bear the costs of return of the product.
§ 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 eBay and authorised for passing on to contractual partners as well as data announced by the customer at BAMBINO WORLD 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. The data are processed and used for the grounds, realisation and execution of contracts concluded via the online marketplace eBay as well as for the purpose of a future customer service and customer care (marketing). A transfer of personal data to third parties only and solely occurs within the scope of the purchase trans-action by use of the service of ViA-Online GmbH, Ltd (www.afterbuy.de). ViA-Online GmbH, Ltd. uses the data only as a service provider on behalf of and ac-cording to the instruction of BAMBINO WORLD for the execution of the sales con-tract. Further transfers of personal data to third parties do not take place. ViA-Online GmbH verwendet die Daten nur als Dienstleister im Auftrag und nach Anweisung von BAMBINO WORLD zur Abwicklung des Kaufvertrages.
§ 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.
