1.1 These General Terms and Conditions of Business and Payment (hereinafter referred to as “GTC”) apply to all agreements regarding the purchase and delivery of goods concluded with MB-Fashion GmbH (hereinafter referred to as “Bambini”).
1.2 Any contradictory, deviating or supplementing general terms and conditions shall not apply and shall not become part of any agreement. By placing an order, you acknowledge application of the General Terms and Conditions in effect at the time of your order.
1.3 The GTC, as amended from time to time, are available on our website www.bambinifashion.com at menu item “GTC”.
1.4 Shortly, the European Commission will establish a platform for online settlement of disputes. The platform can be reached via this link.
1.5 “Consumer” shall mean any natural person concluding a legal transaction for purposes mainly attributable neither to its commercial nor its self-employed professional activity. “Entrepreneur” shall mean any natural or juristic person or incorporated business partnership placing an order for commercial, self-employed or freelance purposes. For the purposes of these GTC, “customers” shall mean both consumers and entrepreneurs.
2. Registration at www.bambinifashion.com
2.1 After you have registered, you can place orders at our online shop www.bambinifashion.com. To register, you need to enter your address and communication data in the form provided for the purpose.
2.2 When entering your personal data as necessary, you are responsible for providing true and complete information. Personal access data have to be treated as confidential and must not be made accessible to unauthorised third parties.
2.3 Any customer may only have one customer account at any time. We shall have the right to delete multiple registrations and to caution or dismiss any member failing to observe this regulation (virtual domestic authority).
3. Conclusion of contract
3.1 The products in the online shop and the products in our catalogues are offers without legal obligation and meant to be invitations to submit an offer.
3.2 To submit an offer to conclude a contract, an electronic ordering process is provided in the online shop:
3.2.1 Place the desired article(s) into the shopping cart.
3.2.2 Register or, if you already are a Bambini online customer, log on with your access data.
3.2.3 Select a shipping method and a method of payment.
3.2.4 Confirm that you have read and taken note of the GTC and the information about your right of revocation and agree that these GTC shall apply to your order.
3.2.5 Before clicking on the button “Place order with obligation to pay”, you can at any time view and change the articles in the shopping cart and the data you have entered. To do this, simply click on the „shopping cart icon” in the menu bar and return to the appropriate page.
3.2.6 By clicking on the button “Place order with obligation to pay”, you submit a binding offer to purchase the goods in the shopping cart.
3.2.7 Receipt of an order is acknowledged by e-mail immediately after the order is sent. This automatic acknowledgement of receipt only documents that we have received the order and does not mean acceptance of the order.
3.2.8 We shall be entitled to accept your order within five days after receipt by sending you an order acknowledgement in text form (e.g. e-mail) conforming that your order is being processed or the goods have been dispatched or by sending the goods to you. Upon expiry of that period without result, the offer shall be deemed to have been rejected, so that a purchase contract is not concluded.
3.3 We do not offer products for sale to minors. If you are less than 18 years old, the involvement of a parent or legal guardian is necessary.
4.1 Bambini reserves the right to contact customers via different forms in order to receive information about customer satisfaction. After purchasing items through Bambinifashion.com clients will be signed-up to a Newsletter. Clients can unsubscribe at any point.
5. Prices, shipping costs, payment terms, delivery
5.1 Unless otherwise shown, the delivery and shipping costs are not included in the prices. The delivery and shipping costs which are payable are shown in the form of a lump-sum for shipping costs. The costs for packaging are already included in the lump-sum for shipping costs.
5.2 We only accept the payment options offered to the customer during the order process. The offered payment options are available on our website www.bambinifashion.com.
5.3 Delivery shall be made by sending the goods to the address communicated by the customer.
6. Extension of delivery times; non-application of the obligation to make delivery
6.1 The delivery time shall be reasonably extended in the case of any force majeure event that impairs delivery. Events equivalent to force majeure shall be strike, lock-out, intervention by any authority, scarcity of energy or raw materials, transport bottlenecks occurring through no fault of ours, impairment of operations occurring through no fault of ours such as any impairment caused by fire, water or mechanical breakdown and any other impairment which looked at objectively has not been caused through any fault of ours. We will without delay notify you of the start and end of such impediments. If, in any of the cases mentioned above, the impediment to performance continues for a period of more than four weeks after the original delivery times, you shall be entitled to rescind the contract.
6.2 Our obligation to make delivery shall cease to exist if, despite a duly concluded congruent covering transaction, delivery to us is not made correctly and in time and we are not responsible for the unavailability, we have informed you of this without delay and we have not assumed a procurement risk. In the event of unavailability of goods, we shall immediately repay any down payment made.
7. Gift vouchers
7.1 Gift vouchers are vouchers which you can purchase.
7.2 Gift vouchers can be redeemed only before the ordering process is completed. They cannot be credited subsequently.
7.3 More than one gift voucher can be used for an order. Gift vouchers can be combined with one promotion voucher per order.
7.4 Where the credit amount of a gift voucher is not sufficient to pay for an order, the difference may be paid using the methods of payment offered.
7.5 The credit amount of a gift voucher cannot be paid out in cash and bears no interest.
7.6 In the event of revocation or return of goods, we reserve the right to credit your gift voucher account with the amount you have paid using the gift voucher.
8. Promotion vouchers
8.1 We issue promotion vouchers with a certain term of validity in the context of advertising campaigns. Promotion vouchers cannot be purchased.
8.2 The value of the goods of an order must at least be equal to the value which is stated on the promotion voucher as a precondition to its redemption.
8.3 Promotion vouchers are valid only during the term stated and can be redeemed just once in the context of an ordering process. Several promotion vouchers cannot be combined. Individual brands may be excluded from the voucher campaign.
8.4 Promotion vouchers can be redeemed only before the ordering process is completed. They cannot be credited subsequently.
8.5 Where the credit amount of a promotion voucher is not sufficient to pay for an order, the difference may be paid using the methods of payment offered.
8.6 Promotion vouchers are not refunded if all or part of the goods are returned.
8.7 If you have used a promotion voucher to buy goods, we reserve the right to charge the original price of the goods that you keep if, due to your revocation, the total value of the order becomes lower than the minimum order value of the promotion voucher.
8.8 The credit amount of a promotion voucher cannot be paid out in cash and bears no interest.
9. Information about your right of revocation/consumer’s right of revocation
Statutory right of revocation of consumers
Information about your right of revocation
Right of revocation
You have the right to revoke this contract within 14 days without stating a reason. The revocation period is fourteen days from the day on which you or any third party named by you who is not the forwarder have/has taken possession of the last goods.
To exercise your right of revocation, you must notify us (MB-Fashion GmbH, Kärntnerstrasse 19/2, 1010 Vienna, Austria, firstname.lastname@example.org) by means of an unambiguous declaration (e.g. a letter sent by post, a telefax or an e-mail) of your decision to revoke this contract. To do this, you may use the attached sample revocation form, but this is not mandatory.
To meet the revocation deadline, it will be sufficient to dispatch the notice regarding your exercise of the revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from you having chosen a type of delivery other than the most inexpensive standard type of delivery offered by us), without delay and at the latest within fourteen days after the day on which we have received your notice to revoke this contract. For the repayment, we shall use the same means of payment you have used for the original transaction, unless expressly agreed otherwise with you. On no account will any amount be charged to you for the repayment. We may refuse repayment until we have received the returned goods or until you have proven that you have returned the goods, whichever occurs first.
You must send the goods back or hand them over to us without delay and at any rate within fourteen days after the day on which you have notified us of the revocation of this contract. To meet this deadline, it will be sufficient to dispatch the goods to us before the end of the 14-days period. You must pay the direct costs of the return of the goods. You will have to pay compensation for lost value of the goods only if such loss of value is due to any handling of the goods by you which is not necessary to inspect the quality, characteristics and functions of the goods.
End of the information about your right of revocation
Sample revocation form
If you wish to revoke the contract, you may complete this form and send it to MB-Fashion GmbH, Kärntnerstrasse 19/2, 1010 Vienna, Austria, phone: , e-mail: email@example.com
I/we* hereby revoke the contract concluded with me/us* regarding the purchase of the following goods*: __________________________________________________________
the provision of the following services* _________________________________________
Ordered on/received on* ______________
Name(s) of the consumer(s) _________________________________________________
Address(es) of the consumer(s) ______________________________________________
Signature(s) of the consumer(s) _____________________ (only if notification given on paper)
(*) Please delete as appropriate.
10. Return charges in case the right of revocation is exercised
If you exercise your statutory right of revocation, you have to pay the regular costs incurred for the return of the goods.
11.1. Subject to the following provisions, the statutory warranty provisions shall apply.
11.2 The goods ordered may slightly and to a reasonable extent deviate from the goods depicted on the website due to the technical possibilities of representation, in particular, colours may be different.
Any claims for damages, for whatever legal reason, arising in a direct or indirect connection with the services/goods shall be excluded.
This exclusion of liability shall not apply in the case of a breach of a material contractual obligation (cardinal duty). Cardinal duties shall mean obligations fulfilment of which makes proper performance of the contract possible in the first place and discharge of which the customer typically relies on and may rely on, hence rights and obligations which the contract precisely has to grant based on its contents and purpose. If a cardinal duty is breached due to slight negligence, our liability shall be limited to compensation for the foreseeable damage typical for the contract. We shall at any rate be entitled to prove that the damage which has occurred is lower.
The exclusions and limitations of liability in these GTC shall not apply in the case of injury to life, body or health resulting from a wilful or negligent breach of an obligation on the part of Bambini or any legal representative or vicarious agent of Bambini. The exclusions and limitations of liability in these GTC shall likewise not apply to any other damage resulting from a wilful or grossly negligent breach of an obligation on the part of Bambini or any legal representative or vicarious agent of Bambini or if such other damage is caused by the lack of a warranted condition or due to fraudulent concealment of a defect.
Reservation of ownership
Until the goods have fully been paid for, they shall remain the property of Bambini.
All rights to picture on the homepage www.bambinifashion.com are owned by MB-Fashion GmbH. Any use without our express consent is prohibited.
Governing law; place of jurisdiction
The business relationships under and in connection with this contract shall exclusively be governed by the law of the Federal Republic of Austria, excluding application of the uniform United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not cancelled by any mandatory regulation of the law of the state in which the consumer has its habitual abode.
If the customer is a merchant, a corporate body under public law or a special fund under public law, the place of jurisdiction for any dispute arising from this contract shall be the court competent for the place where Bambini has its registered office, unless an exclusive place of jurisdiction applies. However, Bambini shall also be entitled to sue the merchant in any court competent for his place of residence or registered office.
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