GENERAL TERMS AND CONDITIONS

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable law
9. Alternative Dispute Resolution
10. Copyright

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Zsuzsanna Kacanski (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller on the online trading platform mamiwerk.at. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise specifically agreed.

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product presentations in the online shop do not constitute a legally binding offer, but rather a non-binding invitation to submit a purchase offer (invitatio ad offerendum).

2.2 By clicking the "Order with obligation to pay" button, the customer submits a binding offer to purchase the goods contained in the shopping cart.

2.3 The contract is only concluded when the seller accepts the customer's offer by sending a separate order confirmation via email or dispatches the goods to the customer. A mere confirmation of receipt of the order does not yet constitute acceptance of the offer.

2.4 Order processing and communication take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller can be delivered. If the customer does not receive a confirmation email within 24 hours, they are asked to check their spam folder or contact the seller directly.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 Exclusion of the right of withdrawal: The right of withdrawal does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs (e.g. personalized embroidered items or custom-made products).

3.4 Premature Expiry: The right of withdrawal expires prematurely for sealed goods that are unsuitable for return for reasons of health protection or hygiene if the seal has been removed after delivery (e.g. sealed baby clothing).

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Due to the small business regulation pursuant to § 6 para. 1 no. 27 of the Austrian Value Added Tax Act (UStG), no value added tax is charged and therefore not shown. Any additional delivery and shipping costs will be stated separately in the respective product description or during the ordering process.

4.2 The payment options available to the customer are clearly indicated in the online shop (e.g. in the footer or during the ordering process).

We currently offer the following options:

• Prepayment via bank transfer: The bank details will be sent to the customer by email after the order has been placed. The goods will be shipped as soon as the full invoice amount has been received in the seller's account.
• Cash payment upon collection: After prior appointment at the location 3970 Weitra.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer.

5.2 Shipping costs:

• Shipping costs are calculated based on the total weight and volume of the order.
• The seller uses different shipping classes (e.g. letter mail for small items, parcel mail for larger or heavier shipments).
• The exact shipping costs for the entire order are clearly displayed to the customer in the shopping cart before the order is completed.
• Free shipping: For orders with a gross merchandise value of €75.00 or more, delivery within Austria is free of charge (provided it can be shipped by parcel).

5.3 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal.

5.4 Self-collection: For logistical reasons, self-collection at the seller's location in 3970 Weitra is possible by prior arrangement. In this case, all shipping costs are waived.

5.5 The seller reserves the right to ship multiple items in a single shipment or in partial deliveries, provided this is reasonable for the customer. The customer will not incur any additional shipping costs due to partial deliveries.

6) Retention of title

The goods remain the property of mamiwerk (Zsuzsanna Kacanski) until the purchase price has been paid in full.

7) Liability for defects (warranty)

7.1 The statutory warranty regulations apply.

7.2 Since mamiwerk products are handmade unique items, minor deviations in color, shape or material do not constitute grounds for complaint, provided they do not impair the function.

7.3 Damage in transit: The customer is requested to report any delivered goods with obvious damage in transit to the delivery person and to inform the seller. Failure to do so will not affect the customer's statutory or contractual warranty rights.

8) Applicable Law

8.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

8.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

9.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10) Copyright

10.1 The content, designs, photos and texts created by mamiwerk on this website are subject to Austrian copyright law.

10.2 The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of mamiwerk (Zsuzsanna Kacanski).