GENERAL TERMS AND CONDITIONS
General Terms and Conditions of Bomboncito Shop
(valid from: 01.01.2019)
The company defined in this impress operates the virtual store of www.bomboncito.eu
Szabo-Herkely Zita (Bomboncito)
Bergheimer Straße 23. 5020 Salzburg
Phone: +43 (0) 6781325384
Customer service: Monday - Sunday 9:00-18:00
Any information, data and complaints can be sent to firstname.lastname@example.org
Management: Szabo-Herkely Zita
Management's address: please see above
Owner of the media, publisher: please see above
Statutory regulations: commercial rules (www.ris.bka.gv.at)
Type of business: online trade
Member of WKO, Austrian Economic Chamber
Supervising authority: Local Municipality of Salzburg
Label / trade category: child fashion
Voluntary code of ethics: www.guetezeichen.at
Tax number: ATU73778735
The scope of this general terms and conditions shall be valid for selling and delivery of products, and other services provided by our company. Our company provides services and delivers products within the EU. In the website www.bomboncito.eu, before submitting an order, the customer may accept such general terms by using the checkbox "I accept the General Terms" within the shopping cart and upon such acceptance these terms become binding.
Our offer is not binding. Any order submitted by a customer with full legal capacity (age over 18 years) shall be considered as an offer for a purchase and sale agreement. Confirmation of receiving an order by us shall not qualify automatically as acceptance from our side as defined in Abs 2 EKG 10. §.
The purchase and sale agreement shall conclude only if we deliver the ordered product, or we send a second e-mail confirming the order or the customer's offer is explicitly accepted by us in any other way.
We reserve the right of any changes to all offers at our website, without any obligation, and all indicated prices are valid until the stock lasts.
2. Ordering procedure, modification and cancellation of an order
If you have chosen the desired product, you can add it to the cart without any obligation by clicking the To the Cart button. You can view the cart's content any time by clicking the Cart button. Products can be removed from the cart any time by clicking the X (cancel) button. If you wish to purchase product(s) in the cart, please click the Checkout button. Please add your data. After entering your data and choosing payment and delivery method, you can move to the order page by using the Continue button, where you may review all entries again. You can finish the ordering procedure by clicking the Finish button. You may correct entries by the return button of your browser. The procedure can be deleted any time by closing your browser.
For security reasons, the contractual data is not accessible via internet thereafter. You can get such data by e-mail.
3. Contractual language
The contractual language is German, English and Hungarian. In case of any dispute or discrepancy, the German version shall be applicable.
Prices are valid on the date of order, including the VAT applicable in Austria (currently 20%), and all costs related to payment and delivery. All of such items are enlisted in the cart before concluding the contract and the confirmation sent to the customer. If export or import customs are payable during delivery, such customs shall be paid by the customer (for additional information please contact the local customs authority).
5. Right to rescind
According to the consumer laws, the consumer shall be entitled to rescind from the contract within 14 days without any reasoning.
The right to rescind may be exercised
1. within 14 days as of the conclusion of the contract in case of contract of supply of water, gas or electric energy - except it is for limited quantity, also in case of distinct heating contracts or contracts for digital content transported by non-physical data medium.
2. within 14 days as of the date you or a third party appointed by you (except for the carrier) is received the product / the product is at your disposal in case of purchasing a product.
3. within 14 days as of the date you or a third party appointed by you (except for the carrier) received the last product in case the consumer has submitted only one order and product were delivered separately.
4. within 14 days as of the date you or a third party appointed by you (except for the carrier) received the last instalment or piece of product in case the contract is for delivery of a product is multiple instalments or pieces.
5. within 14 days as of the date you or a third party appointed by you (except for the carrier) received the first product in case the contract is for regular delivery of a products.
To exercise the right to rescind, you shall inform Szabo-Herkely Zita via registered mail sent to the address at Bergheimer Strasse 23. 5020 Salzburg, or by e-mail to email@example.com, where you shall make a clear statement of rescind. You may use the attached form, however it is not obligatory.
To meet the deadline of rescind, you shall send such notification before the expiry of the deadline.
Effect of rescission
In case you rescind from the contract, all payments received from you, including costs of delivery (except if you have chosen any other delivery method other than the general, most favorable delivery suggested by us) shall be refunded to you immediately, but within 14 days as of the receipt of the notification of rescind the latest. For such refund, we use the same method of payment used by you in the original transaction, except if it is agreed otherwise. No refund fees will be charged. In case of contracts, where the personal return of the product was not offered in the course of the rescission, we may reject the refund until the product has been returned, or until you prove that you have sent us the product, depending on which happened earlier.
In case you received a product in relation to the contract, the product shall be returned immediately, but within 14 days as of the receipt of the notification of rescind the latest to Szabo-Herkely Zita, to the address at Bergheimer Straße 23. 5020 Salzburg, AT or personally. The deadline is met if the product is sent before the expiry of the 14 days. You shall bear the costs of the product's return.
If the customer is an entrepreneur, the right to rescind cannot be exercised.
Sample - Rescission Form (if you intend to rescind, please fill this form and return it to us)
- To the attention of Szabo-Herkely Zita Bomboncito, at Bergheimer Straße 23. 5020, Salzburg
We / us hereby rescind from the contract concluded for the purchase of the following products (*)
- Order (*) / Received (*)
- name of consumer (s)
- address of consumer (s)
- signature of consumer (s) (only if you were notified in writing)
- Date (*)
Suggestions for the easiest handling of returns
If possible, please return the product in its original package. Using the original package is not a requirement for exercising your rights, but it helps us in simplifying the closing of the procedure.
The consumer does not have the right of rescission in case of products
- the price of which is depending on the fluctuation of the financial market, beyond entrepreneur's control, and which may occur within the period of statutory limitation
- where the product was made with specification or personal request of the customer
- which may deteriorate fast or may expire soon
- which are closed and not suitable for returning due to health care or hygiene reasons
- which are inseparably mixed with other products by nature
Finally, the consumer cannot rescind from contract made in public auctions.
We accept the following payment methods:
Credit card - in case of payment by credit card, charging will be made on the same day. The customer shall disclose the following data: cardholder, card number, credit card company (name of bank), date of expiry, CVV code. The data shall be transferred by minimum 128 bit encryption, therefore it cannot be seen by unauthorised persons.
PayPal - in case of payment using PayPal, charging will be made on the same day. During the payment with PayPal, you will be navigated to PayPal's page, where you can insert your data and execute payment.
7. Reservation of proprietary rights
We reserve our proprietary rights to the ordered products or services or medium produced or processed by us until all payments in connection with the business relation are received. In case the customer sells the product under the effect of reservation of proprietary rights, the reservation itself shall be transferred. Customer shall indicate immediately if products under the effect of reservation of proprietary rights were made available to third parties. Selling, mortgaging or similar act related to products under the effect of reservation of proprietary rights is subject of our prior approval. If payment is not made immediately after the notification, the products under the effect of reservation of proprietary rights shall be returned immediately.
Costs of returns shall be borne by the customer.
8. Data Protection
Protection of your personal data is highly important for us. Therefore, we process them only in accordance with the relevant regulations (DSGVO, TKG 2003). The goal of this statement is to define the nature of collection and processing of data.
On behalf of Bomboncito, Zita Szabo-Herkelyis responsible for data processing. If you have any questions related to collecting, processing or use of your personal data, please contact us in writing:
Zita Szabo-Herkely, Bergheimer Straße 23. 5020, Salzburg, firstname.lastname@example.org
Data collection and processing
We collect and process specific personal data during the course of orders, subscription to newsletter or visiting our website. The nature, scope and goal of data processing will be described below.
As a part of the order we process the data given by you: surname, last name, e-mail address, street, postal code, city, phone number, username and password.
In addition, in case of payment by credit card / PayPal, type of credit card, credit card number, credit card expiration date, and the cvv number indicated in the back of the credit card shall be disclosed. Your data will be transferred via internet through SSL (minimum 128 bit) encrypted.
Any information disclosed by you will be used only to process the order and for performance of the contract concluded between you and us. The legal title of the data processing is Point b) of Section (1) of Article 6. of DS-GVO. After performance of the contract and payment of the purchase price you data will be archived and deleted after the expiry of sustention period according to tax and commercial regulations, or the expiry of deadlines according to the product liabilities act, except is you gave your consent to further use of your data. If an order is interrupted before entering into a contract, the data will be deleted.
Your personal data may be disclosed to third parties or published otherwise if it is required for performance of the contract or invoicing, or if you gave your prior consent. As a part of processing an order, the enlisted service providers (for example couriers, logistics companies, payment service providers) will receive the data required for processing the order. In case of statutory provision, request from an authority or official inspection, we are obliged by law to disclose the proper data with the authorities.
If you subscribe to our newsletter, and you're your consent (Point a) of Section (1) of Article 6 of GDPR) we process your name and e-mail address for the purpose of sending newsletters. Your personal data will be stored until you describe from our newsletter or you revoke your consent.
You may revoke your consent or describe from our newsletter by sending a message to our address email@example.com
Visiting our website / using of "cookies"
During your visit on our website, we collect technically required personal data (name of downloaded file, date and time of retrieval, data quantity handed over, notification of successful retrieval, type and version of browser, user's operating system , reference URL and requesting service provider).
Such data cannot be associated to certain individuals, and they will not be connected to data from other data sources.
Please note, that we use "cookies" during your visit on our website. These are small files or other forms of storing information, which are forwarded from our web server or the web server of a third party to the user's browser and stored there for retrieval purposes later. Cookies used during the visit of our website serve only to simplify the order procedure (i.e. storing the items in the cart) and support several functions of our website. Cookies used by us will be deleted from the hard drive (session "cookies"). Collection of such data is under Section (3) of Article 96 of TGK.
We also use "cookies" as a part of Google Analytics web analyzation service for statistical analysis of the usage of our website (please see below). Collection of such data is under Point f) of Section (1) of Article 6 of DS-GVO.
If you gave your consent earlier in accordance with Section (1) of Article 6, we use "cookies" from third parties during your visit on our website to collect and evaluate user's behaviour.
You may give your consent to using "cookies" through a banner which explains the nature and extent of "cookies" and provides you the option to accept or reject the usage of such "cookies". These "cookies" will not be used prior to your consent. Missing to accept "cookies" may limit several functions of our website.
Using Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) ("Google"). As part of Google Analytics, the "cookies" are configured in the computer to statistically evaluate the usage of our website. We entered into a contract with Google for data processing of orders.
The information produced by "cookies" in connection with usage of the website (including the IP address) will be anonymized before stored in Google's servers, therefore the cannot be associated with the computer. In only exceptional cases will the full IP address send to a Google service provider and be shortened there. Google uses such information to evaluate the usage of the website, prepare reports from web activities of web operators, and other services related to usage of the website and internet usage in general. Information provided by Google Analytics as a part of Google Analytics service will not be merged with other Google information. For further information from processing the data of the users of Google Analytics, please read the data protection principles of Google: https://support.google.com/analytics/answer/6004245?hl=hu.
You can prevent collection of data generated by "cookies" and the data in connection with usage of the website, and also the processing of data anonymized by Google by downloading and installing a browser plug-in available at the following link https://support.google.com/analytics/answer/6004245?hl=hu. Do not forget, by using it, you may limit several functions of our website.
Social media plugins
We use Facebook and Instagram web plugins operated by Facebook Inc., a 1601 S. California Ave, a Palo Alto, a CA 94304, USA, www.facebook.com. For this purpose, we use a two-step process, in which you may give your consent according to Point a) of Section (1) of Article 6 of GDPR to the data processing by the operator of the social media network. The data will be forwarded only to the operator of the social media network, if the users click on one of the displayed icons, and therefore they agree to forward the data to the operator of the social media network. Only the approval will establish the connection between the browser and the specific social network.
The social network will receive information from visits to our website through the plug-in. If you are logged in to Facebook and Instagram, your visit can be associated with your social network account. The network's operator can store any interaction with the plug-in.
Information related to the usage of data collected by each social network is available on the website of Facebook and Instagram under "Data Protection" or "Privacy".
Your contractual data will be forwarded through the internet using SSL encryption. Our website and other systems are secured by technical and organisational measures against loss, corruption, access, modification or publication of the data by unauthorised personnel.
You have a right to information related to your personal data, and for legal remedy or for termination or limitation of processing. In addition to that, you may file a complaint against the processing and have the right to forward your data in a structured, type written, readable form. For any of the mentioned rights, please contact the person responsible.
You have the right to file a complaint to the competent authority. In case of Austria, this is the data protection authority, Wickenburggasse 8, 1080 Vienna, phone: +43 1 52 152-0, E-mail: firstname.lastname@example.org, Web: https://www.dsb.gv.at/
9. Warranty, liability, guarantees
Warranty is governed by the relevant statutory regulations. This is valid for a 24 month period as of the product's handover to the customer. In case of rightful complaint, you are entitled to a free change or repair, for which a reasonable deadline shall be set. If change or repair is not possible, you are entitled to price reduction, or in case of a significant default, you may rescind from the contract.
Any defaults shall be reported within the shortest time at delivery or when the default is recognized, otherwise the warranty right cannot be exercised. If the purchase is a commercial trade (B2B) for the customer, the product shall be inspected within 2 weeks as of handover, and any defaults shall be reported immediately upon recognition.
Our company shall be liable for damages caused willfully or by gross negligence. This shall not be valid for personal injuries or consumer transactions. The injured party shall prove the extent of minor or gross negligence, except if it is a consumer transaction. We are not liable to pay compensation for any consequential damages, or other material damages, financial losses towards third parties to the customer, except if it is a consumer transaction.
The guarantee shall be provided by the guarantor, who shall proceed according to the policy. For guarantee conditions, please see the contract's confirmation. Requesting a guarantee will not limit the guarantee defined in legal regulations.
In case of consumer contracts for delivery of products, the risk shall be transferred to the consumer only when the product is delivered to the consumer - or a third party appointed by the consumer except the courier. In case the consumer has also entered into the contract for delivery without using the service suggested by us, the risk shall be transferred to the courier by handing over the product to the courier.
10. Applicable law, jurisdiction
The Parties agree that the laws of Austria shall be applicable. If the consumer is an Austrian resident, or has a permanent place of stay or place of work, any claim filed against him/her shall fall within the competence of the court, in the district of which his/her residence, place of stay of place of work is located, except for legal disputes already in progress. The provisions of UnitedNations Convention on Contracts for the International Sale of Goods, and any provision in related to the convention shall not be applicable in connection with this general terms and conditions.
In case of contracts with companies, the jurisdiction shall be based on their registered seat.
11. Place of performance for transactions
The place of performance according to the contract is our registered seat.
All news, graphics, and design in our website shall serve the personal data of our clients, and protected by copyright.
13. Dispute resolution
We are devoted to participate in the mediation process by the internet ombudsman in case of disputes.
For types of such procedures, please visit www.ombudsmann.at
The platform of the operation system may be used for disputes with our company: https://ec.europa.eu/consumers/odr
E-mail address: email@example.com
Delivery is possible by post, by Hermes, or by personal handover.
If not all products are available immediately, then the available products can be delivered immediately and the other products when they became available. In case of partial delivery, the cost of delivery will be charged only once.
15. Delivery costs
Delivery costs are listed as follows:
Normal delivery to Austria (2-3 working days) 3,80 €
Delivery to Germany (5-7 working days) 9,80 €
Delivery to Hungary (5-7 working days) 11,80 €
Delivery to EU (5-7 working days) 11,80 €
Free delivery to Austria from 75 EUR (flexible)
Free delivery to Germany from 120 EUR (flexible)
Free delivery to Hungary from 150 EUR (flexible)
Free delivery to EU from 150 EUR (flexible)
Free personal handover in Salzburg, Austria (flexible)
Free personal handover in Győr, Hungary (flexible)
16. Storage of the contract
For security reasons, the contractual data is not available via internet. You will receive them by e-mail.
According to the product warranty act, all claims shall be excluded, except if the person entitled for refund can prove that the default was caused by an event occurred within the scope of our interests, or at least by gross negligence.
The contracting party hereby waives for the right for set-off. This is not valid in case of consumers.
Voluntary code of conduct: