Mag. (FH) Petra Etzelstorfer
Wimpffengasse 18/1, 1220 Wien
FN 432216 m
0043 699/11 65 04 50
IBAN AT44 1420 0200 1186 6515
Terms and Conditions for the sale of goods by grossekleinewunder e.U.
These terms and conditions (hereinafter referred to as “Terms”) of großkleinewunder e.U. apply in the version valid at the time of the order for all contractual agreements made within the framework of the web shop www.grossekleinewunder.com between big small miracles e.U. and private or commercial customers.
By placing an order, the customer agrees to the applicability and content of the terms and conditions. These terms and conditions apply to all, including future transactions, even without further express agreement.
Changes and additions to the terms and conditions as well as verbal agreements that deviate from the content of these terms and conditions, will only be confirmed in writing by großkleinewunder e.U. effective.
big small miracle e.U. expressly contradicts any general business or purchasing conditions of the customer, insofar as they contradict these terms and conditions. By the customer submitted, deviating from these terms and conditions are not valid.
§2 contract language
The contract language is German. All information, as well as customer service and complaint handling are offered in German.
§3 Applicable Law, Jurisdiction and Place of Performance
These GTC and the contracts to be concluded with the inclusion of these GTC are governed by Austrian substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention).
Insofar as the legal transaction is not concluded with a consumer, the parties agree to the exclusive jurisdiction of the competent court at the headquarters of the big small miracle e.U.
§4 Online Dispute Resolution Platform
The EU Commission offers the option of online dispute resolution on an online dispute resolution platform run by the latter. This dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr.
It is expressly pointed out that for the fulfillment of the contract name, address, telephone and fax number and e-mail address and the payment of the customer of großkleinewunder e.U. for the purpose of automation-supported support (accounting, customer file) to be stored on data media. Customer data will not be passed on to third parties, except only cases where this is necessary to fulfill the order and only to the extent absolutely necessary (to the executing supplier).
§6 contract conclusion
All offers of big small miracles e.U. are invitations to the customer to make an offer. The offers of big small miracles e.U. are subject to change. The customer’s order constitutes a binding offer to conclude a contract. Orders can be placed online, by telephone or by e-mail. An order possibility exists only with complete indication of the customer data.
The receipt of the order is still no contract acceptance by großkleinewunder e.U. The contract is only confirmed by the order confirmation from großkleinewunder e.U. or by the actual provision of services to the customer.
großkleinewunder is entitled to refuse acceptance of the order – for example after checking the creditworthiness of the customer. big small miracle is entitled to limit orders to customary amounts.
§7 prices, shipping costs, due date and delay
The shipping costs are shown separately during the order process. Those of big little miracles e.U. Product prices stated at the end of the order process are final prices and include the statutory sales tax.
If a discount has not been expressly agreed, the customer is not entitled to deduct the discount. The purchase price is basically due immediately with the order by the customer, unless otherwise agreed.
big small miracle e.U. accepts the following payment options:
- Prepayment / Bank transfer
The customer receives the transfer data after the order.
The customer receives the data on which PayPal account to pay after the order.
In the event of default in payment, default interest in the statutory amount (in the case of transactions between companies, however, expressly 8% above the respective base interest rate of the Austrian National Bank) will be charged from the due date of the claim. Furthermore, in the event of late payment in the case of transactions between companies, compensation will be charged for operating costs of a flat rate of € 40.00. The customer undertakes to bear all costs and expenses associated with the collection of the claim, in particular all reminder fees, collectively agreed costs of debt collection agencies and legal intervention in accordance with the fee guidelines or other costs necessary for an appropriate legal action.
Further (statutory) claims remain unaffected.
Insofar as the customer is not a consumer, any objection to the goods does not justify the reluctance of the big miracle e.U. due purchase price. Offsetting own receivables against claims of big small miracles e.U. is inadmissible unless the claim is expressly recognized or legally established and is not related to the customer’s liability.
big small miracle e.U. carries out the dispatch of the order without undue delay. The dispatch of the ordered goods takes place – if this is in stock – basically within one week from order. As far as the goods are not in stock, big small miracle e.U. inform the customer of the expected delivery date by e-mail. However, dates and delivery dates are not binding and are only indicative, unless they are expressly declared binding in writing.
Decisive for the delivery is the delivery address specified by the customer. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not correctly specified the delivery address, the customer bears the costs for the unsuccessful delivery. Insofar as the customer is not a consumer, the latter undertakes to immediately report any transport damage as soon as it has been detected, either in writing or by e-mail, in relation to small-sized miracles. display.
big small miracle e.U. reserves the right to ship multi-unit orders at its discretion, either separately or in a batch, especially if the ordered quantities are not available at once.
big small miracle delivers to addresses to Austria, to EU-foreign countries a separate agreement will be sent.
If the customer waives a delivery and arrange for the pickup of the ordered goods, so follows kleinkleinewunder e.U. the goods only against prepayment / bank transfer.
§9 Information requirements
The customer has big small miracles e.U. truthfully communicate all information and facts necessary for the performance of the service.
Changed circumstances, in particular changes of the data of the customer (name, address, e-mail) have to become big small miracles e.U. Otherwise, the customer is liable for all resulting delays, additional costs, etc.
§10 Cancellation Policy
Customers who are considered consumers can withdraw from a distance contract or an off-premises contract within 14 days without giving a reason. The information about the conditions and consequences of the revocation are given in the following revocation instruction:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the goods or on which you or a third party named by you who is not the carrier who have taken possession of the last partial shipment or the last piece. To exercise your right of withdrawal, you must contact us at the following address
big small miracle e.U.
by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Follow the revocation
If you withdraw from this contract, we shall reimburse you immediately for all payments received from you (excluding delivery charges) and no later than fourteen days from the date on which the return of the goods has arrived.
For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
You must return the goods to us immediately (and in any case not later than fourteen days from the date on which you inform us of the cancellation of this contract) (großkleinewunder eU, Wimpffengasse 18/1, 1220 Vienna) or by appointment at this address to hand over. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply in particular when ordering the following goods:
- goods made to customer specifications or clearly tailored to personal needs;
- Goods that are delivered sealed and are not suitable for return for reasons of public health or hygiene, provided that their seal has been removed after delivery.
§11 Retention of title
The delivered goods remain property of großkleinewunder e.U., until all claims from the contract including interest, unreasonably by customers ceded discounts or not of großkleinewunder e.U. recognized deductions, costs incurred and the like, for whatever legal reason, are paid.
As long as there is a reservation of title and not all claims have been settled in full, the customer undertakes to treat the goods with care and to observe due diligence.
Pledges or chattel mortgages before complete payment are excluded. If the goods are seized or seized or otherwise accessed by third parties on the goods, the customer has the property of großkleinewunder e.U. to point out, big small miracles e.U. to inform it immediately and to provide all information and documents necessary for the enforcement of the right of ownership to sizing up e.U. to convey.
Illustrations, drawings and information, in particular weight and dimensions, are only approximate values. Minor and objectively justified changes the customer accepts.
No warranty is due to improper treatment and normal wear. The warranty obligation for small miracles does not apply if a repair attempt was made by the customer or by a third party without the prior consent of großkleinewunder; this does not apply if the customer can prove that the repair was not the cause of the defect or damage.
Insofar as the customer is a consumer, the general statutory provisions of the warranty law apply. Under warranty, the legally ordered liability of großkleinewunder e.U. for defects that the purchased goods have at the time of handover to the customer. Defects that occur at a later date are generally not covered by the warranty. Warranty claims are to be asserted within a period of two years from handover, whereby within the first six months from handover, small miracles e.U. has to prove that the defect at handover has not yet existed. After expiry of the sixth month from handover, the customer will then be subject to proof. big small miracle e.U. is in this case entitled to choose for improvement or replacement. Only if the improvement or the exchange is impossible or for big small miracles e.U. would be associated with a disproportionate effort or großkleinewunder e.U. The customer is entitled to request price reduction or conversion (total cancellation of the contract) if he can not or does not fulfill his request for exchange or improvement within a reasonable period of time.
Insofar as the customer is not a consumer, the customer must check the goods immediately after receipt for completeness and compliance with the order. Obvious defects must be reported in writing immediately upon receipt, defects that are discernible during proper inspection within four days of receipt, other defects within one week of their discovery in writing with a detailed description of the defect. If the complaint is omitted, the acceptance is deemed to have taken place and any warranty is excluded. If properly complained of, the provisions of the warranty shall apply. Between customers, who are not consumers, and big small miracles e.U. a warranty period of one year is agreed.
If a manufacturer has made a voluntary commitment that the goods will work properly for a certain period of time (manufacturer’s warranty), the relevant manufacturer’s warranties apply. The conditions and limitations of the respective manufacturer’s warranties can be found in the respective warranty terms.
Insofar as the customer is a consumer, the general statutory liability provisions apply. Liability for slight negligence is excluded. Claims for damages become statute-barred within 3 years from the knowledge of the damage and the tortfeasor.
As far as the customer is not a consumer, großkleinewunder e.U. not for a certain success and in any case only for grossly school-based breaches of duty and at most up to the mean value of the goods ordered by the customer. A liability for slight negligence is excluded in any case. In addition, großkleinewunder e.U. only for typical and foreseeable damages, ie for those whose occurrence at the time of conclusion of the contract was reasonable in the circumstances known at that time. Claims arising from (consequential) defects as well as damages for which the customer can obtain insurance cover or which are controllable by the customer, from other indirect damages and losses or loss of profits as well as general financial losses, in particular from defective, omitted or delayed provision of services, are expressly excluded , The customer who is not a consumer in accordance with the above provisions shall be subject to a limitation period of six months after becoming aware of the damage and the perpetrator; Compensation under the Product Liability Act is governed by the statutory statute of limitations. A recourse liability within the meaning of § 12 PHG is excluded, unless the person entitled to recourse proves that the error in the sphere of großkleinewunder e.U. caused and at least grossly negligent.
14 Force Majeure
As far as the customer is not a consumer, Force Majeure or other unforeseen obstacles in the sphere of small miracles e.U. these from the adherence to the agreed obligations. In particular, force majeure shall also include operating and traffic disruptions, improper performance of subcontractors, transportation interruptions or production cessation; For the duration of the preceding disability, big small miracle e.U. exempt from the obligation to provide services without the customer being entitled to any price reduction or other damages.
§15 Severability clause
The invalidity of any provision of these Terms and Conditions shall maintain all other provisions. The void provision shall be replaced by an economic equivalent or similar but permissible provision.
model withdrawal form
(If you want to cancel the contract, please fill in this form and send it back)
Tel: 0043 699 11 65 04 50
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s): ……………………………………………………………………………………… ..
Address of the consumer (s): ……………………………………………………………………………………… ..
Signature of the consumer (s) …………………………………………………. (only on message on paper)
Date …………………………………………… ..
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.