Conditions

General
Terms and Conditions (GTC)
Zay Baby Shop, owner Nuria Calvo
Mariatroster Straße 380i/4, 8044 Graz

1. preamble

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

After submitting your order, we recommend that you print out and save the order details together with these General Terms and Conditions of Nuria Calvo Sanchez.

The services and deliveries in distance selling (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 accepts no liability for orders sent to addresses outside of the countries mentioned and these are at the customer's sole risk.

Additional information and the relevant terms and conditions can be found on the websites, available at www.zaybabyshop.at

For the sole purpose of improving readability, gender-specific spelling is not used in these terms and conditions. All personal designations 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, Mariatroster Strasse 380i/4 8044 Graz, (hereinafter referred to as "Contractor" or "AN"); they are also binding for all future transactions, even if no express reference is made to them.

Provisions deviating from or supplementing these General Terms and Conditions - in particular general terms and conditions of business or purchase of the Contractor's contractual partner (hereinafter referred to as "Client" or "Client" for short) - shall 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 web shop does not constitute a binding offer to conclude a contract on the part of the Contractor, but merely an invitation to submit an offer by the Client.

By submitting the order in accordance with 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 Customer 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 soon as possible.

A contract for the Contractor’s goods is concluded by its express declaration of acceptance or delivery of the ordered goods.

After placing an order, the customer will receive an order confirmation so that he can be sure that the order has been received. This order confirmation does not represent acceptance of the offer, but merely information that the order has been received by the contractor.

The declaration of acceptance by the Contractor is made by dispatching the ordered goods and sending a dispatch confirmation. This is accompanied by an overview of the contract details and a copy of these General Terms and Conditions in their currently valid version.

The Contractor reserves the right to deliver products/goods/assortments 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 use as well as approximately the same value as the goods ordered.

1. Prices and payment terms

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

The Contractor accepts the following payment methods: credit card (VISA, Mastercard, American Express), advance payment, Paypal or cash upon collection by the Client.

By separate prior agreement, the Contractor also offers purchase on account following 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 by 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 customer is a consumer, he or she has the option of withdrawing from a contract concluded with us within 14 days without giving reasons.

This withdrawal period begins for contracts concluded with the Contractor or other contracts aimed at the purchase of goods for a fee:

1. on the day on which the Customer or a third party other than the carrier designated by the Customer takes possession of the goods.
   b. if the Customer has ordered several goods within the framework of a single order which are delivered separately, on the day on which he or a third party designated by him, not acting as a carrier, takes possession of the last partial delivery.
   c. in the case of delivery of goods in several partial deliveries, on the day on which the Customer or a third party designated by him, not acting as carrier, takes possession of the last partial delivery.
   d. in the case of contracts for the regular delivery of goods over a specified period of time, on the day on which the Customer or a third party other than the carrier designated by him acquires possession of the first delivered goods.

The declaration of withdrawal from the contract is not bound to any particular form. It can be sent to the Contractor by email, telephone (only SMS or WhatsApp) or post, or the Contractor can use the model withdrawal 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 withdrawal period.

Please send your cancellation notice to:
Zay Baby Shop, owner Nuria Calvo Sanchez
MAriatrsoter Strasse 380i, 8044 Graz
Phone: +43/664 5161688
E-Mail: 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 within 14 days of receipt of the declaration of withdrawal at the latest. If the client has not selected a standard shipping option or if 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 refunded by the client.

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

If the contract is withdrawn, the goods received must be returned to the Contractor immediately, but no later than within 14 days of the declaration of withdrawal being made. The deadline is met if the goods are dispatched within this period.

The Contractor has the right to refuse repayment until the goods have been returned or proof of the return of the goods has been provided. The Client must bear the costs of returning the goods.

The return address is:
Zay Baby Shop, owner Nuria Calvo
Mariatrsoter Straße 380i/4 8044 Graz

In the event that the ordered goods have already been used to an extent that was not necessary to check their quality, properties and functionality, the customer 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 under the FAGG

Even in the case of distance selling or contracts concluded outside business premises, the customer as a consumer has no right of withdrawal in particular in the case of contracts concerning:

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

• Gift baskets where the cellophane has been opened after dispatch and goods have been removed or altered, or where a request for an exchange of goods has been reported to the Contractor afterwards.

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

• Goods which, after delivery, have been inseparably mixed with other goods due to their nature.

VIII. Delivery date, delivery conditions and transfer of risk

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

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

However, if advance payment has been agreed as the method of payment, the delivery period only begins on the day after the payment has been received in the Contractor's account.

The risk of loss or damage to the goods shall pass to the Customer as soon as the goods have been handed over to the Customer, a third party designated by the Customer or to the shipping or transport company.

The goods must be inspected by the customer as far as possible upon delivery by the shipping or transport company, otherwise the customer will lose all claims, and any damage must be reported and documented immediately by the customer - 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 must be picked up by the customer at the shipping or transport company facility provided for the respective address (post office, GLS parcel shop, etc.).

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

1. delivery and shipping costs

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 value added tax.

In addition to the stated prices, the Contractor will charge shipping costs for delivery. The shipping costs will be clearly communicated to the Client 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 Client will be borne solely by the Client and the Contractor assumes no liability in this regard.

1. Warranty and Liability

Any warranty claims are governed by the statutory provisions, whereby the Contractor only guarantees any expressly assured properties of its goods and properties that are usually assumed, but not the suitability of the goods for specific purposes of the Client.

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

In the event that the Client is an entrepreneur and the respective transaction on the Client's side is business-related, the Contractor's warranty obligation shall no longer apply.

Any legitimate claims for compensation made by the Client are in any case limited to the value of the contract amount of the respective order.

1. retention of title

The Contractor reserves title to all goods delivered by it until the purchase price has been paid 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 statutory provisions (GDPR, TKG).

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

XIII. Complaints procedure & out-of-court dispute settlement

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it for this purpose, which can be accessed 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 laws and referral rules.

If the customer is a consumer within the meaning of the Consumer Protection Act, the court responsible for any legal disputes arising from this contract is the court in whose district his place of residence, habitual abode or place of employment is located. In all other cases, the exclusive jurisdiction of the relevant court is agreed with the District Court of Graz-Ost.

If the customer is a consumer within the meaning of the Consumer Protection Act, the choice of law and jurisdiction shall only apply to the extent that it does not restrict any mandatory legal provisions of your country of residence or the country in which you have your habitual residence.

1. severability clause

Should one or more points of these terms and conditions be or become invalid, the remaining points shall remain unaffected. In place of the legally invalid point, a point shall be deemed to have been agreed which is legally valid and comes closest to the economic purpose of the invalid point.