General terms and conditions with customer information
Owner:
Jennifer Zitier
Kainachgasse 30 House 2'
1210 Vienna
Austria
+4369912184408 jzittier@gmail.com
Trade and sales GISA number: 30888142
ATU NO: ATU70006067
Place of jurisdiction: Magistrate of the City of Vienna
1. Scope
1.1. For the business relationship between Coucou ma vie - owner: Jennifer Zittiér Kainachgasse 30, Haus 2, 1210 Vienna and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Differing conditions from the customer will not be recognized 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 rather an invitation to place an order. Service descriptions in catalogs or 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. Otherwise, errors remain.
3. Ordering 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 cart using the "Add to shopping cart" button. The product selection within the shopping cart can be changed, for example deleted. The customer can then proceed to complete the ordering process using the “Continue to checkout” button within the shopping cart.
3.2. Using the “order with payment” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser “back” function to return to the shopping cart or cancel the ordering process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, 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 only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has confirmed the order with a second email and sending the invoice. Acceptance can also be made through a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. Prices for customers who are companies are exclusive. Value added tax.
4.3. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.2. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
5.3 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller delivers the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment has; The stated delivery dates and deadlines are not fixed dates, subject to other promises and agreements.
5.4 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller to customers who are entrepreneurs, even if deadlines and dates have been bindingly agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers, who are entrepreneurs even in cases of unforeseeable events that affect the operations of a sub-supplier and are not the responsibility of either the supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer can withdraw from the contract by written declaration after a reasonable deadline to be set by the customer or after mutual consultation with the seller.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2. 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 deductions.
6.3. Are third-party providers commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title The delivered goods remain the property of the seller until full payment has been made. For customers who are entrepreneurs, the following also applies: The seller reserves ownership of the goods until all claims from an ongoing business relationship have been settled in full; The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations.
8. Warranty for material defects and guarantee
8.1. The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.
8.3 If the customer is an entrepreneur, he must inspect the goods immediately, without prejudice to statutory obligations to give notice of defects, and report any recognizable material defects to the supplier in writing immediately, at the latest within 4 days of delivery, and report non-recognizable material defects immediately, at the latest within 4 days of discovery. Commercially acceptable or minor deviations in weight, size, thickness, width, pattern and color that are permissible in accordance with quality standards are not defects!
8.4 If the customer is an entrepreneur, the seller can choose between repairs or subsequent delivery of defective goods.
9. Cancellation: As soon as the order has been confirmed, there is a 14-day right to cancellation, unless the goods were manufactured specifically for the customer, in which case the right to cancellation expires. To exercise your right of withdrawal, you must contact us at Kainachgasse 30 Haus 2, 1210 Vienna, Austria, email: jzittier@me.com by means of a clear statement (e.g. a letter sent by post or email). inform you about your decision to withdraw from this contract.
10.Consequences of revocation
If you revoke this contract, we will have to repay the costs immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For the repayment we will use a transfer back to your bank account, unless something else has been expressly agreed with you. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days has expired. You bear the direct costs of returning the goods yourself. If you have intentionally damaged and/or changed the goods, you must pay for the damage yourself. We do not cover any costs for returning the goods.
11. Color of the products The color may vary due to different lighting conditions when photographing the products, this is not a reason for a complaint.
12. Final provisions
12.1. If the buyer is an entrepreneur, the place of performance is, subject to other agreements or mandatory legal regulations, the seller's registered office, while the place of jurisdiction is at the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or the buyer is in the country of residence the seller has no general place of jurisdiction. The seller reserves the right to choose another permissible place of jurisdiction.
12.2 In the case of entrepreneurs, the law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory legal regulations to the contrary.
12.3. The contract language is German.
12.4. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
