General Terms and Conditions
of E.H.B. Consulting GmbH (Commercial Register Number FN 224684v)
ONLINE SHOP at https://nikimotion.com/
Valid as of 16 March 2018
1 General information
These General Terms and Conditions of E.H.B. Consulting GmbH (also referred to as “E.H.B.” below) apply to the ordering of items by the customer from the online shop of E.H.B. on the website https://nikimotion.com. It is explicitly stated that the general terms and delivery conditions of the customer shall not apply.
2 Contract formation
2.1 The order by the customer shall constitute an offer to E.H.B. to form a contract. E.H.B. shall promptly confirm receipt of the customer’s order. Such confirmation shall not constitute any acceptance of the contract by E.H.B., but rather serves merely as confirmation of receipt for the customer’s information. The contract shall not be formed until E.H.B. accepts the order or until delivery is actually carried out. E.H.B. shall explicitly not be required to accept incoming orders (contract offers). When rejecting an incoming contract offer, E.H.B. shall communicate this to the customer in writing without explanation (e.g., by email).
2.2 E.H.B. shall provide the customer with a confirmation of the formed contract, including all pre-contractual notifications pursuant to § 4 of the Austrian Distance and Off-Premises Transactions Act (FAGG) on a durable data medium (paper, email) within a reasonable time subsequent to contract formation, but no later than delivery of the items.
2.3 The contract shall be formed in German and English.
3 Scope of service and product information
Strollers and accessories are sold in the online shop. The full product range currently being sold in the online shop, the key features of the items, and the total price including all shipping and handling fees are listed in the online shop at the website https://nikimotion.com.
4.1 All prices represent the gross amount in euros, including all duties, taxes, and packaging costs. If shipping costs are additionally charged (see Clause 4.2), they shall be listed separately before any purchase contract is formed.
4.2 Delivery shall be free of charge for orders of EUR 100.00 or more (including VAT).
Unless otherwise stated, the following shipping costs shall be charged for orders below this amount:
Austria: EUR 4.50
Germany: EUR 5.50
All other countries in Europe: EUR 6.50
4.3 Prices shall be valid until further notice.
E.H.B. shall cover the cost of standard packaging so as to avoid damage to items during shipment to the intended destination under normal conditions of transport. Packaging materials shall not be accepted for return.
6 Delivery and shipment
6.1 Goods shall be delivered to the customer upon receipt of payment by E.H.B.
6.2 Place of performance for delivery shall be the particular shipment location.
6.3 Shipments can only be made to customers with place of residence/registered office within Europe.
6.4 The parcel service DPD shall deliver any items that are eligible for parcel delivery.
6.5 In addition, items shall be delivered generally by the date stated to the customer online, but no later than 30 days after the contract is formed. The customer may cancel the contract on grounds of delay only after this 30-day period has expired.
6.6 If an ordered product cannot be delivered within the foreseeable future, E.H.B. reserves the right to cancel the formed contract.
6.7 E.H.B. reserves the right to make partial deliveries where this is reasonable to expect of the customer and required for prompt delivery.
7 Payment terms
7.1 Payment can be made by credit card, PayPal, or SOFORT transfer. The customer shall ensure that in all cases the chosen payment method is sufficiently funded.
7.2 The purchase price is due immediately upon placement of the order.
7.3 The customer agrees to electronic delivery of invoices.
7.4 If payment is delayed, the customer (subject to claims by E.H.B. of further damages caused by the delay) shall be required to pay any bank fees, statutory default interest, as well as collection and recovery expenses to the extent that these costs are necessary for the specific collection or recovery of the amount owed.
7.5 The customer shall not be entitled to offset its claims against claims of E.H.B. This prohibition against offsetting shall not apply to consumers within the meaning of § 1 (1) no. 2 of the Austrian Consumer Protection Act (KSchG) if E.H.B. becomes insolvent or to counterclaims related legally to the customer’s liability as determined by a court of law or acknowledged by E.H.B.
7.6 The customer shall pay any transfer or bank fees incurred as well as any roaming fees.
8 Customer’s duties
8.1 The customer shall be obligated to inspect the delivered item(s) immediately for obvious damage during transport and communicate any such damage to the delivery person when taking possession.
8.2 By providing contact data and other data in connection with the order, the customer confirms that such data are correct, complete, and up-to-date. The customer shall be required to communicate any errors in the payment information to E.H.B. and to correct them immediately.
9 Cancellation right for consumer transactions
9.1 If the customer is a consumer within the meaning of § 1 (1) no. 2 KSchG, the customer shall have the right to cancel the contract within fourteen days without providing any reason.
9.2 The cancellation period is fourteen days from the day on which the customer or a third-party appointee that is not the carrier has taken possession of the items. For purchase contracts in which delivery of an item takes place in multiple partial shipments or pieces, the fourteen-day cancellation period shall begin on the day on which the customer or a third-party appointee that is not the carrier has taken possession of the final partial shipment or the final piece.
9.3 To exercise the cancellation right, the customer must notify E.H.B. (E.H.B. Consulting GmbH, Carlbergergasse 66, A-1230 Vienna) by means of an unequivocal statement (e.g., a letter sent by mail, fax, or email) about the customer’s decision to cancel this contract. The customer may use the enclosed sample cancellation form (Appendix A), but this is not required.
To meet the cancellation deadline, it shall be sufficient for the customer to send the notice about exercising the cancellation right before the cancellation deadline.
9.4 This cancellation right shall not include items that are made according to customer specification or are clearly tailored to the customer’s personal needs (§ 18 (1) no. 3 FAGG).
9.5 Consequences of cancellation:
If the customer cancels this contract, E.H.B. shall refund the customer all payments from the customer, including delivery costs (except additional costs whenever the customer has chosen a different delivery option from the lowest priced standard delivery option offered by E.H.B.), without delay and at the latest within fourteen days from the day on which E.H.B. has received notice of cancellation of this contract. For this refund, E.H.B. shall use the same payment method that the customer used for the original transaction unless otherwise expressly agreed with the customer. The customer shall not be charged any fees for this refund under any circumstance. E.H.B. may refuse to provide the refund until it has received the returned items or until the customer has furnished proof that it has sent back the items, whichever is sooner.
The customer shall ship back or hand over the items to E.H.B. Consulting GmbH, Carlbergergasse 66, A-1230 Vienna, without delay and without exception no later than fourteen days from the day on which the customer notifies E.H.B. about cancellation of the contract. The customer shall meet the deadline by sending the items before the expiration of the fourteen-day period.
The customer shall pay the direct costs of returning the items if the delivered items are what was ordered and the price of the item or items to be returned does not exceed EUR 40.00 including VAT or the customer has not yet provided consideration or made a contractually agreed instalment payment for an item priced higher than this at the time of cancellation. The costs are estimated to be no greater than approximately EUR 35.00. In all other cases, return shipment is free of charge to the customer. The customer shall pay for any loss of value to the items only if this loss of value has been caused by handling the items in a manner unnecessary for inspecting their condition, properties, or functioning.
10 Transfer of risks
10.1 Risk shall be transferred to the customer upon transfer of the item(s) to the carrier.
10.2 If the customer is a consumer within the meaning of § 1 (1) no. 2 KSchG, risk shall not be transferred until the item(s) is/are handed over to the customer unless the customer itself has entered into the transport contract without selecting the option recommended by E.H.B. In that case, risk shall be transferred as soon as the item(s) is/are handed over to the first carrier.
11 Reservation of title
E.H.B. shall retain sole title to the items delivered to the customer until the customer makes complete payment of the amount owed under the purchase contract.
12 Warranty and damages
12.1 The product shipped may differ slightly in shape, colour, and size from the images and information. This does not mean that the product does not correspond to the contractually agreed properties. Therefore, no claim by the customer in this regard shall exist to any warranty or compensatory damages.
12.2 The customer shall follow any instructions on properties and usage contained in the product descriptions and user manuals. E.H.B. shall not be liable for any damages caused by failure to follow these instructions.
12.3 The statutory provisions on warranty shall apply.
12.4 Under a claim for compensatory damages, E.H.B. shall be liable for property damage caused by or legally attributable to E.H.B. only in the event of intent and gross negligence. E.H.B. shall only be liable for slight negligence in the event of personal injury.
12.5 Any further liability by E.H.B. for lost profits, damages from delay, financial losses, consequential damages, and damages from third-party claims against the customer shall be excluded unless otherwise mandated by law.
12.6 Unless otherwise mandated by law, E.H.B. shall not be liable beyond the amount payable for the order.
12.7 If production or delivery is delayed by circumstances unrelated to any intent of a party, for instance force majeure, unforeseeable operational disruption, governmental interference, or labour disputes, this shall be considered when determining whether delivery was on time.
12.8 The provisions of the Austrian Product Liability Act remain unaffected.
13 Customer support
Customer support is available to answer any questions at firstname.lastname@example.org or by telephone at +43 7724 2269 0.
14 Non-judicial appeal proceedings and redress procedures
The European Commission provides a platform for online dispute resolution (ODR) that the customer can find at http://ec.europa.eu/consumers/odr. E.H.B. is neither required nor willing to take part in any alternative dispute resolution proceedings before a consumer conciliation board.
15 Applicable law and jurisdiction
15.1 Austrian law shall apply exclusively to orders and contracts based on these General Terms and Conditions, while excluding UN commercial law and conflict of law provisions.
15.2 For lawsuits against consumers who have their place of residence or habitual abode in Austria or are employed in Austria, the court for the place of residence, habitual abode, or place of the consumer’s employment shall have jurisdiction.
15.3 For all disputes between business entities arising from and in connection with a contract formed on the basis of these General Terms and Conditions, the court with subject-matter jurisdiction for 1010 Vienna is agreed as the exclusive forum.
16 Final provision
If individual clauses of these General Terms and Conditions should be entirely or partially invalid, then this shall not affect the validity of the remaining clauses or the remaining parts of the General Terms and Conditions. An invalid provision shall be considered replaced by a provision that is valid and that most approximates the economic purpose of the invalid provision.
Sample Cancellation Form
for Consumer Transactions through the Online Shop
If you would like to cancel the contract, then please fill out this form and return it to E.H.B. Consulting GmbH:
E.H.B. Consulting GmbH
– I/we (*) hereby cancel the contract that I/we (*) have formed for the purchase of the following items (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
Signature of the consumer(s) (applicable only to notification by paper)
(*) Please cross out the inapplicable portion