OF BABY COMPANY HANDELS GMBH
Deliveries, services and offers from Baby Company are made exclusively on the basis of these terms and conditions; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity. Actions to fulfill the contract on our part do not count as consent to contractual terms that deviate from our terms. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties.
II. Conclusion of contract
A contract offer from a customer requires an order confirmation. The sending of the goods ordered by the customer also brings about the conclusion of the contract. If offers are made to us, the offeror is bound by a reasonable, but at least 8-day period from receipt of the offer. All other items are shipped nationally and internationally as long as there is no violation of legal provisions. In this case we reserve the right to cancel the order.
“Buyer” means the person and/or entity that purchases or undertakes to purchase the Goods from the Provider.
"Purchasing Consumer" is a purchaser who is also the end consumer.
"Contract" means the contract between the Provider and the Buyer for the purchase and sale of Goods, including these GTC.
"Goods" or "Products" are the items that the Buyer indicates that it is purchasing from the Vendor.
“Provider” means Baby Company Handels GmbH, Wienerstraße 34, 3100 St. Polten.
"General Terms and Conditions" means the present conditions, but also special conditions that are agreed in writing with the supplier.
"Website" means www. bennisnest. com
These terms and conditions apply to all contracts for the sale of goods from the seller to the buyer and override other means of communication, agreements and documentation of the buyer. Nothing in these T&Cs is intended to affect the
buyer's statutory rights as a consumer. As soon as the buyer accepts the delivery of the goods, this also serves as proof of the buyer's knowledge and acceptance of these GTC. Special conditions will be emailed to the buyer and form part of these T&Cs. These conditions can only be changed if the provider expressly agrees in writing. The provider has the right to change these GTC at any time, but this right does not affect the existing terms and conditions (including any special conditions or different conditions that the buyer accepts at the time of purchase).
In order to place an order, the buyer has to follow the order process.
All orders are deemed an offer by the buyer to purchase goods in accordance with these terms and are subject to acceptance by the seller. The provider can decide to refuse an order without justification.
If the Provider is unable to deliver the Goods, then the Provider will notify the Buyer.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking the "Order" button, you place a binding order for the goods contained in the shopping cart. The receipt of your order is confirmed together with the acceptance of the order immediately after it has been sent by automated e-mail. With this e-mail confirmation, the purchase contract has come about. We save the text of the contract and send you the order data by e-mail. The terms and conditions can be viewed at any time here.
VI. Pricing and Payment
The price of the goods includes VAT and is displayed on the website when the buyer has selected the goods. The shipping costs are shown and charged separately. An overview of the shipping costs to other countries can be found under "Shipping". The total price including VAT is displayed at checkout before the order is confirmed. The purchase price incl. VAT must be paid in full for all payment methods before the order can be processed. As soon as the provider receives the order, the provider sends an e-mail with the order confirmation (with details of the ordered goods and the total price). The total price you pay for the goods is shown at checkout. Provider is entitled to adjust the advertised price if supplier prices are increased, new taxes are introduced, typographical errors or errors in supplier pricing. Should the supplier change the price, we will give you the opportunity to cancel the order before the goods are dispatched. Payment is made when ordering.
RIGHTS OF THE PROVIDER
VII. Vendor Right
The supplier reserves the right to remove any product from the website without prior notice and without any liability. The provider reserves the right to refuse any order without liability. Unless expressly stated on the website, prices are not guaranteed for a long period of time. The supplier reserves the right to update the prices displayed and will make its best efforts to ensure that prices are correct at the time of ordering. If a payment is overdue (payment is not accepted for any reason or is not made on time), then the Supplier will immediately cease or suspend the delivery of Goods until payment is received.
Our sales prices do not include assembly or installation costs. It is the sole responsibility of the buyer to inspect the packaging and goods very carefully immediately upon collection or receipt from an external carrier. If there is any damage, for example, the packaging is torn or crushed, the buyer should email the seller on the same day at office@bennisnest. com notify. If the buyer is required to sign for receipt and the package is damaged, the buyer should sign and add "Item received damaged".
The buyer is careful when opening the package. The provider is not liable for any damage that occurs when the packaging is removed, for example if the buyer uses a knife to remove the packaging.
Undelivered Deliveries - Any Goods that are returned to the Vendor because the Buyer was unable to collect them are considered a failed delivery. In this case, the buyer will be charged for a second delivery. This also applies to incorrect delivery addresses.
IX. DAMAGED GOODS
Every buyer has the duty to fully inspect the goods. If the buyer knows that the packaging is damaged, he must inform the provider immediately. If the buyer knows that the goods are damaged or defective after the packaging has been opened, the buyer must email the supplier at office@bennisnest. com within 14 days of the delivery date. If the buyer does not do this, the goods are deemed to have been accepted. If the goods are defective or damaged while the goods were the responsibility of the supplier and the buyer wishes to make a claim for defect or damage, then the buyer must: Keep the original packaging. Please keep them in good condition. Without the original packaging, the provider cannot deal with the complaint. If Supplier replaces the Product then Supplier will make arrangements with Buyer to collect and replace the damaged or otherwise defective item. The new goods will be delivered to the delivery address in accordance with clause 6. The vendor will inspect the goods to determine whether the responsibility lies with the buyer or the vendor. If the damage lies with the buyer, the goods will be returned to the buyer at the delivery address within 14 days of receipt of the delivery costs. The delivery cost is usually the same amount that the buyer paid for the original delivery. If the damage lies with the supplier, the product will be replaced as soon as possible. If the goods are damaged by the buyer then the buyer will be liable for the cost of remedying such damage.
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or in consumer transactions for damage to items taken over for processing. The presence of light or gross negligence, unless it is a consumer transaction, has to be proven by the injured party. If it is not a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
XI. RIGHT OF WITHDRAWAL (Withdrawal)
You can find more information on the right of withdrawal under “Right of withdrawal”.
CHOICE OF LAW, PLACE OF JURISDICTION
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of our company has exclusive local jurisdiction to decide all disputes arising from this contract. If the consumer has his domicile or habitual abode in Germany or is employed in Germany, an action against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 JN only the jurisdiction of the court in whose district the domicile, habitual residence 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 consumer's place of residence are also applicable to the contractual relationship.
We accept major credit cards such as VISA and Mastercard, direct bank transfer and PayPal.
Should one or more of the above clauses be ineffective, the other provisions and the underlying legal relationship will not be affected.
DATA OF BABY COMPANY HANDELS GMBH
Company name: Baby Company Handels GmbH
Headquarters: Wienerstraße 34, 3100 St. Pölten
Commercial register number: 400051k
Commercial register court: Commercial Court St. Pölten
Telephone: +43 664 154 40 46
Mail: office@bennisnest. com
VAT identification number: ATU68174389