General trading conditions
The following trading conditions are valid for the conclusion of a contract between Fräulein Hübsch e.U. (in following Fräulein Hübsch) and the customer.
GENERAL TRADING CONDITIONS FOR THE FRÄULEIN HÜBSCH ONLINESHOP
1. General
All offers and services made by the Fräulein Hübsch online shop for its’ costumers, the use of the website www.fraeuleinhuebsch.at and all subdomains belonging to this domain are based on the following general trading conditions. Changes, additions and subsidiary agreements need to be made in writing in order to be valid.
2. Conclusion of contract in the online shop
2.1. The offers in the Fräulein Hübsch online shop are non-binding requests for the customer to order products. The contract between Fräulein Hübsch and the customer is concluded as follows: By finishing the technical order process and pushing the button “order” the customer makes an binding offer to purchase a displayed in the Fräulein Hübsch online shop product. Fräulein Hübsch accepts that offer by shipping the requested product. The electronic transmission of the order confirmation is sent automatically therefore it is no declaration of intention and serves only as an information for the customer, that the order was received and as a provision of information for a possible contract.
If the customer does not pay within a week after ordering, Fräulein Hübsch sees the order as withdrawn and puts the product/s back in the online shop. The customer has no claims towards Fräulein Hübsch/Elisabeth Pohn.
2.2. Ordering (technical steps, that lead to the binding offer of the customer)
1. The customer chooses a product and puts it in the shopping cart
2. The customer pushes the button “payment” in the shopping cart
3. The customer puts in the billing and delivery address or confirms an already existing address
4. The customer chooses the shipping method and the shipping costs will show.
5. The customer chooses the payment method (advance payment or PayPal)
6. There follows an final information about the payment amount and the customer confirms and agrees to the AGB’s (terms of use)
7. The customer finalizes the order by pressing the button “buy now.” By pushing this button the order is finalized.
After finalizing the order the customer recieves an automatic order confirmation with all order details.
3. Delivery
The delivery will be made to the address given by the customer in return for the stated shipping and packing costs. If the customer chooses a specific way of shipping that adds costs, the customer is responsible for the extra costs.
• Shipping is possible within Austria, EU countries and non EU European countries.
• Delivery in Austria in general takes up to 5 working days
• Shipping to other countries takes up to 10 days. The costs for packing and shipping is calculated by the country of destination
• When there is a delay in delivery due to unexpected events (traffic delay, natural forces) there can be no compensation by Fräulein Hübsch online shop.
4. Packing and shipping
• For delivery within Austria and packing costs we charge 5 € independent of amount and weight of the products.
• To Germany 7,50 €
• To the rest of the EU: 12 €
• Other countries in Europe: 15 €
• Orders above 99€ are shipped for free within Austria. Extra shipping costs or fees are in the responsibility of the customer.
• Deliveries to other countries are not free if the order exceeds 99 €
• Returning costs have to be paid by customer (see point 9 cancelation policy)
Retailers and babywearing instructors have to pay for packing and shipping. The price depends on amount and weight of the products and will be shown in your cart.
5. Guarantee
We provide warranty of delivered products for a period of 2 years. In this period we will repair all defects on the product that existed before delivery. To start this procedure please contact us via e-mail office@fraeuleinhuebsch.at. In case the repair is not possible the product can be exchanged. Please note that the exchange of products is not possible if the damage occured after delivery of the product.
Obvious defects have to be reported in writing within 2 weeks of delivery of the product, otherwise an assertion of the claims is excluded.
To keep the term it is sufficent to send the complaint per mail to Fräulein Hübsch (office@fraeuleinhuebsch.com).
6. Data protection
Version 15.05.2018
It is our special concern to protect your data. We process your data exclusively on the foundation of legal regulations (General data protection regulation GDPR, TKG 2003). In this information on data protection we will inform you about the most important aspects of data processing in context of our activities.
The use of our websites is generally possible without sharing any personal data. If you contact us or wish to subscribe to our newsletter we will forward necessary data to companies which process data on our account (e.g. send the newsletter). We assign only companies which submit to the General data protection regulation of the European Union.
Contact with us
If you contact us via our website, e-mail or any other way, we will store shared by you data (name, e-mail-address and optional a phone number), for processing your request and for possible follow-up questions. The storing time will be one year. Should the request result in an contract the legal storage periods will apply.
Information e-mail
If asked, we will gladly inform you about the availability of sold out products. Therefor we only need your e-mail-adress and the desired product.
As soon as we informed you about the availability we will delete your data.
The data- processing is therefore based on Art 6 Abs 1 lit a (consent) and/or lit b (fulfilment of contract) of the GDPR.
Cookies
Our website uses so called cookies. These are small textfiles stored on your device by your browser. They cause no damage. We use cookies to make our offer user-friendly. Cookies are especially needed for the funcionality of the shopping cart and the assignment of online-payments in our webshop. Some cookies will be stored on your device until you delete them. They allow us to recognize your browser during your next visit. If you do not wish to use cookies, you can set your browser to alert you about inserting cookies and allow it only in particular cases.
By deactivating cookies the functionality of our website can be limited.
The data processing is based on Art 6 Abs 1 lit b (fulfilment of contract) as well as Art 6 Abs 1 lit f (legitimate interest) of the GDPR. The legitimate interest in line with the GDPR is the proper and save functioning of our website.
Server protocol
The server that makes our website available, saves informations which are automatically sent by your browser, in so called log-files. Saved are:
• Browsertype and Browserversion
• Used operating system
• Referrer URL (the website referring you to our website)
• IP-adress of the accessing computer
• Time of request
Those informations are solely used for technical supervision of the server (capacity, optimization, error detection, safety) and are therefore absolutely necessary. They are not linked to any other data sources, so they can not be associated to one individual person. They will be deleted after three months. The data processing is based on Art 6 Abs 1 lit f (legitimate interest) of the GDPR. The legitimate interest in line with the GDPR is the proper and save functioning of our website.
Encrypted transmission
This website uses SSL encryption for safety and data protection. It prevents third parties to intercept or read data during transmission. To check for an active encryption please search for the green padlock or a similar symbol in the address line of your browser.
Data storage
For bookkeeping following customer data will be stored: name, address, phone number, e-mail-address, UID-number. This data will not be shared, except for the transmission to processing banking institutions and payment service providers for money transferal, to the austrian post office (Österreichische Post) for the shipping process and to our accountant for bookkeeping and fulfilment of tax-law obligations. Data is stored exclusively in the EU.
The data provided by you is needed for contract fulfilment and/or pre-contractual measures. Without this data a contract can not be concluded with you and fulfilled.
All data of the contractual relationship will be stored until the end of the tax-law storage period (7 years).
The data processing is based on the legal regulations of § 96 Abs 3 TKG and Art 6 Abs 1 lit a (consent) and/or lit b (fulfilment of contract) of the GDPR.
Passwordprotected customer area
Login data transmitted on request of the customer, has to be treated strictly confidential. The password is chosen by the customer during the registration process and will be transmitted and stored encrypted. We hold no responsibilty for the use and application of this data.
The data processing is based on the legal regulations of Art 6 Abs 1 lit a (consent) and/or lit b (fulfilment of contract) of the GDPR.
Your rights
You have the right to information, correction, deletion, limitation, data portability, withdrawal and contradiction. Appropriate requests can be sent to the e-mail-address office@fraeuleinhuebsch.at
If you think, that the processing of your data is against the data protection law or your data protection rights are violated in any other way you can complain to the supervisory authority. In Austria contact the data protection authority (Datenschutzbehörde).
Our contact details:
Fräulein Hübsch e.U.
Elisabeth Pohn
Konstantingasse 7 Hof 1
1160 Wien
Österreich
E-Mail: office@fraeuleinhuebsch.at
Tel.: +43 699 15044877
7. Special conditions for contracts with retailers and babywearing consultants
If the customer is not a consumer following changes and or additions to the general conditions points 1-6 apply.
Retailers/babywearing consultants have to provide a scan of their trade license/proof of training. It can be sent per mail to office@fraeuleinhuebsch.at. For tax-free deliveries the retailer has to provide his valid UID-number.
By ordering in the online shop the customer makes a binding offer to Fräulein Hübsch. The offer is accepted by the transmission of the retailer invoice. Orders are handled in order of receiving, there is no guarantee for the availability of certain designs and products.
Valid is the, at the time, current price list that is transmitted in regular intervals. The prices exclude VAT (USt.) and costs for packing and shipping.
In general, there is only delivery on prepayment. If there is no full payment within 7 days, the ordered products can be sold by Fräulein Hübsch otherwise and the contract is no longer valid.
There is no right of objection and right of withdrawal (pt 9) for retailers and babywearing consultants.
The warranty is limited to 6 months. Retailers and babywearing consultants have to report defects within a week starting at the time of receiving the product. The deadline is kept by sending a notice of defect to Fräulein Hübsch on time (office@fraeuleinhuebsch.at).
For the contract between retailers/ babywearing consultants and Fräulein Hübsch only these general trading conditions apply. There are no other general trading conditions applicable.
The agreement is based on the Austrian law (except the UN purchase right). The place of jurisdiction is the court in Vienna.
8. Final provisions
Explanations are considered as sent, if they are sent to the last known e-mail-address of the customer.
All products are property of Fräulein Hübsch until a full payment is received.
The baby and toddlersize carrier Fräulein Hübsch Mei Tai is protected at the Austrian patent office. Each takeover/use of this protected idea without permission of Elisabeth Pohn is seen as an infringement. Fräulein Hübsch is a recognized trade mark.
All pictures, logos and photos used on the Fräulein Hübsch website and on www.fraeuleinhuebschmeitai.com are protected and can only be used (mutliplied, altered, made publicly available, distributed, etc.) after previous consent of Elisabeth Pohn. The same is valid for texts published on the Fräulein Hübsch website and www.fraueleinhuebschmeitai.com as far as they are considered works in line of the copyright law.
The invalidity of some of these regulations does not impair the validity of other regulations.
The general trading conditions can be saved by the customer as follows: Use the buttons Strg+A to mark the text of the general trading conditions, copy them by using the buttons Strg+C. The text can now be pasted into “Word” (or a different text program) by using Strg+V, and then saved.
9. Information about the revocation rights for users from the EU.
Right of withdrawal
You have the right to cancel the contract within 14 days without giving reasons.
The deadline for withdrawal is 14 days, starting with the day you or a third party who isn’t the deliverer has taken over the goods.
To carry out your withdrawal rights you have to give us:
Elisabeth Pohn, Konstantingasse 7 Hof 1, 1160 Wien
Mail: office@fraeuleinhuebsch.at
a decleration (eg. a letter sent by the post office, e-mail or call) about your decision to cancel the contract. Attached to your order you can find the form for the withdrawal.
To uphold the right of withdrawal it is enough to send your declaration within the deadline of the policy.
Consequences of the withdrawal
If you cancel the contract, we have to refund all payments we received from you including delivery costs (except additional costs that result from you using a different delivery option than the standard one offered by us) within 14 days. For refunding we will use the same means of payment as you used in your initial transaction, unless we specifically agreed on other means of payment. Under no circumstances will there be charged any fees for the refund.
We can refuse to refund until we received the goods, or the confirmation of return depends which one is earlier.
You have to return the goods immediately and by any means within 14 days after informing us about your withdrawal.
The deadline is kept if you send (poststamp counts) the goods within 14 days.
You bare the costs of returning the goods.
You are reliable for any value loss of the goods if the value loss happend for any other reason then the careful checking of the consistence, character and function of the goods.
End of the withdrawal policy
The goods should only be sent back with insured-shipping, because only then the postal way can be followed also in case of the loss of the package.
In case the package is returned with costs for us, we will refuse to accept it or calculate these costs off of the refund.
