Our AGBs
GENERAL TERMS AND CONDITIONS
BY DANIELA CSERNICSEK / LILIA'S PRAM RENTAL
I. scope
All deliveries, sales and services are carried out exclusively on the basis of the following terms and conditions of the contractor (= Daniela Csernicsek). By accessing the website and using the applications, in particular by ordering goods, the client (= customer) confirms that he has understood the terms and conditions and agrees to them expressly and irrevocably.
Should there be deviating agreements or subsidiary agreements, these must be in writing in order to be effective. The Contractor expressly reserves the right to amend the General Terms and Conditions, whereby any amendment shall be published on the website.
II. preamble/processing
The contractor operates a web shop where the strollers provided by her can be borrowed.
III. ordering and delivery of products
An order via the online shop is only legally binding if the contractor has confirmed the order in writing or by telephone. The contractor can only check the availability of the desired stroller after the order has been placed.
Should a prastroller not be available, the contractor will offer an alternative date either in writing or by telephone. However, there is no entitlement to an alternative date.
The client generally has no claims whatsoever - in particular no claims for performance or damages - if delivery is not possible.
IV. Delivery of the goods
The goods shall be delivered by the Contractor to the agreed place of delivery at the agreed time.
Delivery is possible only to a residential address and not to public places or other places. In addition, delivery is made only in the districts 1 - 23 in Vienna.
The Customer acknowledges that delivery may be delayed due to external influences (traffic, other environmental influences, etc.). The client expressly accepts a delay in delivery of up to 20 minutes.
Should delivery be delayed beyond this, the client shall no longer be bound by the contract and - after issuing a declaration of withdrawal - the deposit and the rental fee shall be refunded. Withdrawal must be notified either immediately at the agreed place of delivery or within a period of 3 hours from the agreed delivery time (without taking the tolerance time into account) in writing or by telephone.
If the service is used despite exceeding the agreed tolerance time of 20 minutes, the full amount (according to the order) is to be paid.
Should there be delays in the collection by the Customer, the Contractor shall wait for a period of 20 minutes.
Once this tolerance period has been exceeded, the Contractor shall no longer be bound by the contract and shall be entitled to charge a daily rental fee for the respective product for its frustrated expenses (travel, loss of time, etc.). The deposit shall be refunded to the Customer within 14 days, as already stated. A separate declaration of withdrawal by the contractor is not necessary.
V. Return/collection of the goods
The goods shall be made available by the customer at the agreed time at the agreed place of collection. Should there be delays in the collection by the Contractor, the Customer shall wait for a period of 20 minutes. After expiry of this tolerance period, the Contractor shall in any case be contacted by telephone.
The goods may not be left behind without direct handover to the contractor or persons authorised by the contractor.
In any case, the contractor does not assume any liability for the delayed collection of the goods; the customer is obliged to plan the return already in the course of the ordering process in such a way that attention is paid to any flight times or train connections. Should the Customer miss any connecting connections for onward travel or other dates due to a delayed collection, the Contractor shall be indemnified and held harmless.
VI. costs of delivery and collection
For the delivery and collection of the stroller a fee will be charged in addition to the rental fee. The fee includes both the delivery and the collection of the goods. This is calculated separately depending on the distance.
The "place of delivery" and "place of collection" is to be announced already in the course of the order. If the goods are not handed over at the agreed place of collection, the Contractor shall be entitled to charge any additional costs and to retain these from the deposit.
VII. deposit
The contracting parties agree on a deposit of € 200.00. The deposit is paid by collection from the client's bank account or by payment directly upon delivery of the goods.
The contractor is entitled to use this deposit to cover all claims, in particular to compensate for damage to the delivered pram. This also includes cleaning costs in the event of disproportionate use of the stroller.
If the stroller is returned undamaged, the deposit will be refunded within 14 days of the return of the stroller. The Contractor shall not be obliged to refund the deposit in cash, even if it was handed over in cash when the stroller was collected.
VIII. price and payment
For all products those prices are valid, which are indicated in the Internet with the respective product. The Contractor expressly reserves the right to change prices. The prices are inclusive of VAT and the customer must bear the delivery and collection costs separately.
IX. Payment modalities / offsetting
The payment of the ordered products can take place differently:
- Credit cards: Credit cards from VISA, Master Card and American Express are accepted. Payment must be made using this payment method in the form in which the data (credit card number, expiry date, security code) is entered step by step when placing the order. The debit is made with acceptance of the order (usually with transmission of the confirmation email).
- PayPal: With this form of order a forwarding takes place on the website of PayPal. The payment processing is based on the terms of use of the company PayPal (https://www.paypal.com/at/webapps/mpp/ua/ useragreement-full).
- Immediate bank transfer: At the end of the ordering process you will be redirected to the website of SOFORT GmbH. Payment shall be made on the basis of the terms of use of SOFORT GmbH (https://www.sofort.com/ger-AT/ kaeufer/su/so-sich-ist-sofort-überweisung/).
The Customer shall not be entitled to set off any own claims against a claim of the Contractor or to withhold payments for other reasons.
X. Cancellation:
In order for the rental fee to be refunded in full, the cancellation must be made 48 hours before the agreed handover date (Vienna local time).
In the event of a later cancellation, the client is entitled to charge the entire rental fee (plus the fee for the delivery and collection of the stroller). The client shall also be entitled to charge for any damages which arise or have arisen as a result of a delayed cancellation or the failure to cancel (loss of earnings).
XI. Warranty, Liability
- warranty
With regard to the products and services supplied, the Contractor warrants that the products have the usual properties. Special characteristics require a written consent.
Minor deviations shall be tolerated by the customer and shall not entitle the customer to assert warranty claims.
The delivered goods are to be inspected immediately upon delivery to ensure that they are free of defects and any defects found are to be reported immediately in writing - otherwise excluded. If no defects are reported, the goods shall be deemed to have been accepted faultlessly.
The statutory warranty provisions apply to consumers within the meaning of the KSchG. The warranty for customers who are entrepreneurs is limited to improvement, price reduction or exchange.
- liability
The Contractor shall exclusively assume liability for damages caused by gross negligence or intent.
Liability in accordance with the Product Liability Act and liability for consequential harm caused by a defect shall be excluded (to the extent permitted by law).
If transmitted products are used improperly, any liability of the contractor is excluded.
The Contractor shall only be liable within the framework of these General Terms and Conditions and within the framework of the statutory provisions for direct damage caused to the Customer by gross negligence or wilful misconduct on the part of the Contractor. Any liability for indirect damages is excluded.
As already mentioned, any liability on the part of the Contractor due to delayed collection of the goods and the resulting inconvenience on the part of the Customer is excluded in any case.
As long as the stroller is under the responsibility of the Customer, the latter shall also be liable in the event of an accident, theft, loss or other damage. Any damage to the stroller can be covered by withholding the deposit. Costs in excess thereof may be invoiced separately by the Contractor.
If - for any reason whatsoever - the goods are not returned, the customer must replace the original price. There is no insurance.
XII. ownership structure, subleasing
The customer does not acquire ownership of the delivered goods and is therefore not entitled to pledge, assign or sell the goods.
It is expressly agreed that the customer is prohibited from subletting in whole or in part. Any transfer to third parties, whether in return for payment or free of charge, in whole or in part, requires the prior written consent of the Contractor. In no case is the customer permitted to assign rights from this contract to third parties.
XIII. data protection provisions
With regard to the data protection regulations, reference is made to the data protection declaration, which is to be seen as an integral part of the General Terms and Conditions.
The customer was informed that the personal data, in particular name, address, telephone number, data of means of payment are necessary and necessary solely for the purpose of the execution of the resulting contractual relationship and are also only collected on the basis of legal authorization.
The customer hereby expressly consents to the processing of these personal data for the purpose of fulfilling the contractual relationship (delivery and ordering of products) and to the data being passed on to any other suppliers for this purpose. This consent can be revoked at any time.
XIV. miscellaneous
- severability clause
Should any provision of these GTC be wholly or partially invalid or lose its legal validity in the future, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision which is legally closest to the invalid provision.
- Choice of law and place of jurisdiction
Austrian substantive law shall apply to all sales contracts. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. For all disputes arising from a contract, the competent court at the contractor's place of business shall have local jurisdiction. The place of performance is expressly agreed to be 1050 Vienna. Place of jurisdiction is 1230 Vienna.