Conditions

General
Terms and Conditions (GTC)
Zay Baby Shop, owner Nuria Calvo Sanchez
Panoramagasse 1c, 8010 Graz

1. preamble

Nuria Calvo Sanchez runs a retail and online shop for gift baskets under the Zay Baby Shop company.

It is recommended that you print out and keep the order details together with these Nuria Calvo Sanchez General Terms and Conditions after submitting your order.

Distance selling services and deliveries (shipping) are generally only offered to delivery addresses in member states of the European Union as well as in Norway and Switzerland.

Nuria Calvo Sanchez assumes no liability for orders to addresses outside of the countries mentioned and these are placed at the customer's sole risk.

Additional information as well as these general terms and conditions can be found on the websites, available at www.zaybabyshop.at

Gender-specific spelling is not used in these General Terms and Conditions solely for the purpose of better readability. All personal terms are therefore to be understood as gender-neutral.

1. Validity of the General Terms and Conditions (GTC)

The following General Terms and Conditions apply exclusively to all current and future business transactions of Nuria Calvo Sanchez, owner of Zay Baby Shop, Panoramagasse 1c, 8010 Graz, (hereinafter referred to as “Contractor” or “Contractor” for short); They are also binding for all future transactions, even if no express reference is made to them.

Regulations that deviate from or supplement these General Terms and Conditions - in particular general business or purchasing conditions of the contractor's contractual partner (hereinafter referred to as "client" or "client" for short) - will only become part of the contract if this has been expressly confirmed in writing by the contractor.

III. Conclusion of contract

The presentation of the products and gift baskets in the online shop does not constitute a binding offer to conclude a contract on the part of the AN, but rather merely an invitation to submit an offer by the AG.

By submitting the order using the online order form (i.e. selecting the product, providing the necessary data and confirming the order) or by ordering by email, telephone or post, the client makes a binding offer that can be accepted by the contractor .

The contractor reserves the right not to accept the offer without giving reasons; In this case, the client will be informed as quickly as possible.

A contract for the contractor's goods is concluded through its express declaration of acceptance or delivery of the ordered goods.

After placing the order, the client receives an order confirmation so that he can be certain that the order has been received. This order confirmation does not constitute acceptance of the offer, but rather only information that the order has been received by the contractor.

The contractor's declaration of acceptance is made by dispatching the ordered goods and sending a shipping confirmation. An overview of the contract details as well as a copy of these General Terms and Conditions in their currently valid version will be attached to this.

The contractor reserves the right to deliver products/goods/ranges in the gift basket/packaging that differ slightly from the image or product description - for example due to delivery bottlenecks for certain items or other circumstances - which have the same purpose and benefit and approximately the same value than the goods ordered.

1. Prices and payment terms

All prices stated on www.zaybabyshop.at are in EURO and, unless otherwise specified, include statutory sales tax and exclude any possible shipping costs.

The contractor accepts the following payment methods: credit card (VISA, Mastercard, American Express), prepayment, Paypal or cash when picked up by the client.

After a separate prior agreement, the contractor also offers purchase on account - after a positive credit check.

For various reasons, not every payment method is possible in every country in which the contractor offers its services and deliveries via distance selling.

Which specific payment method is possible can be clarified in advance by contacting the contractor.

1. Cancellation policy (FAGG)

If a concluded contract is a distance selling transaction and the client is a consumer, he has the option of withdrawing from a contract concluded with us within 14 days without giving reasons.

This withdrawal period begins with contracts concluded with the contractor or other contracts aimed at the purchase of goods for consideration:

1. on the day on which the client or a third party named by the client who does not act as a carrier acquires possession of the goods.
   b. if the client has ordered several goods as part of a single order, which are delivered separately, on the day on which he or a third party named by him and not acting as a carrier acquires possession of the last partial delivery.
   c. If goods are delivered in several partial shipments, the date on which the customer or a third party named by him and not acting as a carrier acquires possession of the last partial shipment.
   d. In the case of contracts for the regular delivery of goods over a fixed period of time, the day on which the customer or a third party named by him and not acting as a carrier acquires possession of the goods first delivered.

The declaration of withdrawal from the contract is not bound to any specific form. It can be sent to the AN by email, telephone (only SMS or WhatsApp) or post or he can use the model cancellation form for this purpose.

In order to meet the deadline, it is sufficient if the declaration is sent to the contractor within the 14-day cancellation period.

Please send your declaration of withdrawal to:
Zay Baby Shop, owner Nuria Calvo Sanchez
MAriatrsoter Strasse 380i, 8044 Graz
Telephone: +43/664 5161688
Email: info@zaybabyshop.com

VI. Consequences of revocation according to the FAGG and return conditions

If the contract is withdrawn in accordance with the provisions of the FAGG, the contractor is obliged to refund all payments already made no later than 14 days from receipt of the declaration of withdrawal. If the client has not selected a standard shipping option or this is not possible due to the selected destination country, the client is obliged to reimburse the difference in costs compared to the cheapest standard shipping option and this amount will not be reimbursed by the client.

The same payment method that you used for your order will be used for the refund. If agreed separately, another payment method can also be chosen for the repayment.

If the contract is withdrawn, the goods received must be returned to the contractor immediately, but at the latest within 14 days of the declaration of withdrawal being submitted. The deadline is met if the goods are sent within this deadline.

The contractor has the right to refuse repayment until either the goods have been received back or proof of the return of the respective goods has been submitted. The customer must bear the costs of returning the goods on his own.

The return address is:
Zay Baby Shop, owner Nuria Calvo Sanchez
Mariatrsoter Straße 380i 8044 Graz

In the event that the ordered goods have already been used to an extent that was not necessary to check their nature, properties and functionality, the client must pay compensation for the resulting reduction in market value.

The gift basket can only be returned as a whole with unopened cellophane.

VII. Exceptions to the right of withdrawal according to the FAGG

Even in the case of a distance selling transaction or contracts concluded outside of business premises, the client as a consumer has no right of withdrawal from contracts about:

• Goods that are manufactured according to customer specifications or are clearly tailored to personal needs (in particular such gift baskets from the AN).

• Gift baskets in which the cellophane was opened after dispatch and goods were removed or changed or a request for an exchange of goods was then reported to the contractor.

• Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.

• Goods that, due to their nature, were inseparably mixed with other goods after delivery.

VIII. Delivery date, delivery conditions and transfer of risk

The ordered gift baskets and/or other goods will be delivered without unnecessary delay by the contractor via a professional shipping or transport company (Post, GLS, DHL or similar companies) to the address specified - the data provided must be checked carefully! - sent.

By arrangement, the baskets can also be picked up at a predetermined location.

However, if advance payment was agreed upon as the payment method, the delivery period only begins on the day after receipt of payment on the contractor's account.

The risk of loss or damage to the goods passes to the client as soon as the goods have been handed over to the client, a third party named by the client or to the shipping or transport company.

In the event of any other loss of claim, the goods must, as far as possible, be inspected by the client upon delivery by the shipping or transport company and any damage must be reported and documented immediately by the client - also to the shipping or transport company.

If no one is present at the specified delivery or shipping address when the ordered goods are delivered, they will be at the shipping or transport company's facility designated for the respective address (post office; GLS parcel shop, etc.). ) to be picked up by the client.

Cancellations are possible - except in the case of justified withdrawals according to relevant legal provisions - at the customer's expense up to 24 hours before the shipping date and no longer after that. These must be received by the contractor in writing. If the cancellation occurs before the order is processed by the contractor, it is at the discretion of the contractor whether it is accepted or not.

1. Shipping and handling costs

The delivery and shipping costs depend on the country in which the specified delivery address is located and are non-refundable.

All prices stated on the contractor's website include the applicable statutory sales tax.

In addition to the stated prices, the contractor charges shipping costs for the delivery. The shipping costs will be clearly communicated to the customer on the shipping costs page and during the ordering process.

Any higher delivery and/or shipping costs resulting from shipping to other countries requested by the AG will be borne exclusively by the AG and the AN assumes no liability in this regard.

1. Warranty and liability

Any warranty claims are based on the statutory provisions, whereby the contractor only guarantees any expressly guaranteed properties of its goods (s) and normally assumed properties, but not for the suitability of the goods (s) for certain purposes of the client.

A guarantee only exists for the goods delivered by the seller if this has been expressly provided.

In the event that the client is an entrepreneur and the respective transaction on the client's side is company-related, the contractor's warranty obligation does not apply.

Any legitimate claims for compensation by the client are in any case limited to the value of the order sum for the respective order.

1. Retention of title

The contractor reserves ownership of all goods delivered until the purchase price has been adjusted in full.

XII. data protection

The protection of personal data is of particular concern to the contractor. The contractor therefore processes data exclusively on the basis of the legal provisions (GDPR, TKG).

Due to its activities, the contractor is not a processor within the meaning of the relevant data protection regulations.

XIII. Complaint procedure & out-of-court dispute resolution

The EU Commission offers the possibility of online dispute resolution on an online platform it operates for this purpose, which can be reached via the following external link: http://ec.europa.eu/consumer/odr/

XIV. Place of jurisdiction and applicable law

Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law and reference rules.

If the client is a consumer within the meaning of the KSchG, the court in whose district his domicile, habitual residence or place of employment is located is responsible for any legal disputes arising from this contract. In all other cases, the exclusive jurisdiction of the relevant court is agreed with the BG Graz-Ost.

If the client is a consumer within the meaning of the KSchG, the choice of law and court only applies to the extent that this does not restrict any mandatory legal provisions of your country of residence or the country where you have your habitual residence.

1. Severability clause

If one or more points of these terms and conditions are or become ineffective, the remaining points remain unaffected. Instead of the legally ineffective point, a point that is legally effective and comes closest to the economic purpose of the ineffective point is deemed to have been agreed.