Terms and conditions

General Terms and Conditions (GTC) of KRIPPENSCHULE WENNS

Owner: Peter Riml
Oberdorf 223/1, 6473 Wenns, Austria
Tel.: +43 664 2521 676
Email: info@krippenschule.at

(Hereinafter briefly referred to as "Seller").

1 Scope of Application

1.1 These General Terms and Conditions ("GTC") and the withdrawal rights and consequences of withdrawal for consumers regulated under Section 8 apply – unless expressly agreed otherwise – to contracts concluded between the Seller and the customer. This applies regardless of whether such a contract is concluded online via our website www.krippenschule.at or offline at our Krippenschule. For legal transactions with entrepreneurs, the provisions in Section II also apply.

1.2 By submitting his declaration of intent to conclude a contract (see Sec. 1.4), the customer accepts these GTC. Contracts can only be concluded under these conditions. We must expressly agree to any deviating, conflicting, limiting or supplementary terms and conditions and regulations of the customer for them to become part of the contract in individual cases. In particular, performance actions on our part do not constitute consent to any conditions that differ from our GTC.

1.3 In the case of several contracts concluded at different times, the version of the GTC valid and published or posted by us at the time the customer submits his declaration of intent (see Sec. 1.4) shall form part of each contract. Several contracts with a specific customer do not create either a continuing contractual relationship or any other claim for repeated conclusion of a sales contract without an express written agreement on a framework contract.

1.4 Conclusion of Contract

1.4.1 The presentation of our products on our website or in retail outlets is not an offer in the legal sense. The offer is made exclusively by the customer as described in Section 1.4.3.

1.4.2 In our retail outlets, the customer's offer is made by handing over the goods to the cashier and paying for them. We accept such an offer by accepting the purchase price and delivering the goods.

1.4.3 On our website, the customer makes his offer by ordering the item. The customer's offer becomes binding upon clicking on the button "order with obligation to pay". Please note that after receipt of your order at our end, a separate confirmation of receipt of your orders will be sent to you. Such confirmation does not yet constitute acceptance of the offer. Our acceptance only takes place by means of a separate written order confirmation within a reasonable period or by actual delivery of the ordered goods(s). A reasonable period is understood as a maximum of 5 working days. We are entitled to accept orders only in part or to reject them without giving reasons. If you do not receive any message despite entering a valid e-mail address, please contact us at info@krippenschule.at

2 Registration on the Website, Website Access

2.1 Before placing your first order, you must register on the website.

2.2 The customer must be at least 18 years of age and fully capable of entering into contracts. By submitting the registration form, the customer confirms the accuracy of his details, in particular his name, age, capacity to enter into contracts and address.

2.3 As a new user you can log in by entering a username that does not have to be identical with your name; additionally you assign a password. Then please enter your name, a username, your e-mail address (for order confirmations) and a password. You will then arrive at your account. Here you can supplement all data, such as the billing address or a different delivery address.

2.4 The customer is responsible for keeping the access code confidential. We can only verify whether an access code matches a properly activated customer authorization. We are not subject to any further obligation of verification. Any person who logs in using a customer authorization made available on the website and the corresponding access code shall be deemed authorized to legally place orders on behalf of the registered customer. We recommend changing the password regularly.

2.5 We assume no liability for uninterrupted operation of the website. At any time, we are entitled to carry out work on the website that may result in shutdowns or interruptions, even without prior notice. Furthermore, we are not obliged to provide a specific server capacity; therefore, overloads and longer response times must be anticipated.

3 Prices, Delivery and Shipping Costs

3.1 The prices listed on the website are final consumer prices. All additional freight, delivery, shipping or other costs will be shown to the consumer before they submit their offer, insofar as these costs can reasonably be calculated in advance. If such costs cannot reasonably be calculated in advance, we shall inform you beforehand of any potential occurrence of such additional costs prior to the customer submitting their order.

3.2 For book shipments, the provisions of the Federal Act on Price Maintenance for Books apply.

4 Payment Terms

4.1 Unless otherwise agreed in writing, our claims must be paid in full and without deduction prior to delivery of the ordered products. Payment of the purchase price when purchasing via our website is possible using the following payment methods: Klarna, credit card, PayPal, eps, giropay, advance payment (prepayment), and cash payment upon collection at the Krippenschule. For purchases made in person at Krippenschule, the following payment method is available: Cash payment. The purchase price is due immediately upon our acceptance of the offer.

5 Delivery

5.1 Delivery (dispatch by post on our part) for an online order shall take place – provided that goods are in stock and no deviations are noted on the website regarding them – within 4-5 working days after acceptance of the order via email or upon receipt of the order if accepted through actual delivery (see Section 1.4.3). The choice of carrier is made by us at our sole discretion, but without guarantee that it will be the fastest and cheapest shipping option.

5.2 The delivery period shall be extended for the duration of any impediments caused by circumstances independent of the parties' will, such as force majeure events, unforeseeable operational disruptions, official interventions, transport delays or customs clearance delays, transit damage, rejection of important manufacturing parts, and labor disputes.

5.3 Delivery is made to the delivery address specified by the customer. Any additional costs incurred due to an incorrect delivery address provided by the customer shall be borne by them.

6 Right of Withdrawal and Cancellation Rights and Consequences for Consumers under FAGG (Sections 6.1 to 6.8) or KSchG (Section 6.9)

6.1 If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG) and has concluded the contract based on these Terms and Conditions either as a distance selling contract or outside our business premises (and in the latter case, if the amount payable exceeds EUR 50), they may withdraw from this contract without giving any reasons until the expiry of the period specified in Section 6.2. This does not apply to the exceptional cases regulated in Section 6.8, particularly regarding the purchase of E-Books or POD (Print On Demand) products under the conditions set out in Section 6.8.11. To exercise their right of withdrawal, the customer must inform us with a clear declaration (e.g., a letter sent by post or an email – see also Section 1) of their decision to withdraw from this contract. However, no specific form is required for such withdrawal. Please note that our receipt of the notice of withdrawal is necessary for it to be effective. The customer may use the attached model cancellation form.

Declaration of Withdrawal / Cancellation Declaration
To Krippenschule Wenns, Email: info@krippenschule.at
Hereby I/we revoke the contract concluded for the article ……………....................................................... which I/we ordered on …................. / received on …..................
Refund to account IBAN ……....................................................................................................................................….. BIC ………........................................................
Name of consumer(s) (consumer) ……………….............................................................................................................
Address ………………...........................................................................................................................................
……............……............    ..………………………………...................................................
Date                               Signature

6.2 The withdrawal period is as follows:

6.2.1 For sales contracts and other contracts aimed at the paid acquisition of goods, you may withdraw within 14 days from the day on which the consumer or a third party designated by them (who is not the carrier) has taken possession of the goods or the last partial shipment or the last delivered goods (§ 11 Para. 2 Item 2 lit. a to c FAGG).

6.2.2 For contracts concerning regular delivery of goods over a specified period, the period shall be 14 days from the day on which the consumer or a third party designated by them (who is not the carrier) has taken possession of the first delivered goods;

6.2.3 For contracts concerning the supply of digital content not stored on a tangible data carrier (such as e-books) – unless the exception to the right of withdrawal pursuant to point 6.8.11 applies – the period shall be 14 days from the day of conclusion of the contract.

6.2.4 The withdrawal period according to points 6.2.1 to 6.2.3 is observed if the declaration of withdrawal is sent within the deadline. Please note, however, that the cancellation must reach us in order to be effective (the risk in case of postal or electronic transmission (email) lies with you).

6.3 If we have not fulfilled our information obligation pursuant to § 4 Para. 1 Item 8 FAGG, the withdrawal period from point 8.2 shall be extended by twelve months. If we fulfill our information obligations within this period, the withdrawal period ends 14 days after the time at which the consumer receives this information.

6.4 If the consumer withdraws from the contract, we must repay all payments received from them, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which the notification of their withdrawal from this contract reaches us. For such repayment we shall use the same means of payment as used by the consumer in the original transaction, unless expressly agreed otherwise with them. In no case will charges be levied against the consumer for this repayment. For sales contracts or other contracts aimed at the paid acquisition of goods, we may refuse to make the refund until either we have received the goods back again or the consumer has provided proof of return shipment of the goods, unless we have offered to collect the goods ourselves.

6.5 The consumer must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which they inform us of their withdrawal from this contract. The deadline is met if the consumer sends off the goods before the expiry of the 14-day period. The consumer bears the direct costs of returning the goods, provided that we have informed them beforehand about the obligation to bear these return shipping costs. The consumer must only cover any loss in value of the goods if this loss in value is attributable to handling by the consumer which was not necessary for examining the nature, characteristics and functioning of the goods. However, under no circumstances does the consumer bear liability for a loss in value of the goods if they were not informed by us about their right of withdrawal.

6.6 If the consumer withdraws from a contract concerning the supply of digital content stored on non-tangible data carriers (such as e-books) – unless the exception to the right of withdrawal pursuant to point 6.8.11 applies – then no payment obligation shall apply for services already rendered by the trader.

6.7 If, in the case of a contract concerning services, the consumer has requested that these begin during the withdrawal period, they must pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which the consumer informs us of exercising their right of withdrawal with regard to this contract compared to the total scope of services envisaged in the contract. 6.8 Pursuant to § 18 Para 1 FAGG, the consumer has no right of withdrawal upon concluding contracts concerning: 6.8.1 Services, if we – based on an express request by the consumer pursuant to § 10 FAGG and a confirmation by the consumer regarding their knowledge of the loss of the right of withdrawal in case of full contract performance – have commenced execution of the service before expiry of the withdrawal period pursuant to § 11 FAGG and the service has subsequently been fully performed,

6.8.2 Goods or services whose price depends on fluctuations in the financial market which are beyond the trader's control and may occur within the withdrawal period,

6.8.3 Goods made to customer specifications or clearly tailored to personal needs,

6.8.4 Goods that can spoil quickly or whose expiry date would be exceeded soon,

6.8.5 Goods delivered sealed which are not suitable for return due to health protection reasons or hygiene reasons, provided their seal has been removed after delivery,

6.8.6 Goods which have become inseparably mixed with other goods following their delivery due to their nature, 6.8.7 Alcoholic beverages whose price was agreed upon at the time of contract conclusion but which cannot be delivered earlier than 30 days after contract conclusion and whose current value depends on market fluctuations beyond the trader's control,

6.8.7 Alcoholic beverages whose price was agreed upon at the time of contract conclusion but which cannot be delivered earlier than 30 days after contract conclusion and whose current value depends on market fluctuations beyond the trader's control,

6.8.8 Audio or video recordings or computer software supplied in sealed packaging, provided their seal has been removed after delivery,

6.8.9 Newspapers, magazines or illustrated publications with the exception of subscription contracts for the supply of such publications,

6.8.10 Services in the areas of transport of goods, supply of food and beverages and services provided in connection with leisure activities, provided that a specific point in time or period is contractually stipulated for each case regarding performance by the trader,

6.8.11 the supply of digital content not stored on a tangible data carrier, such as e-books, if the trader – with the express consent of the consumer, coupled with their acknowledgment of the loss of the right of withdrawal upon early commencement of contract performance, and after providing a copy or confirmation pursuant to § 5 Para. 2 FAGG or § 7 Para. 3 FAGG – has already commenced supply before the expiration of the withdrawal period under § 11 FAGG.

6.9.1 If the agreed remuneration is less than EUR 50, the customer shall have the right of withdrawal pursuant to § 3 KSchG as follows: If the consumer did not make their declaration of intent neither in premises permanently used by the trader for business purposes nor at a stall or booth used by the latter for such purposes at a fair or market, they may withdraw from their contract offer or from the contract. This withdrawal may be declared until the conclusion of the contract or thereafter within 14 days. The period begins with the delivery to the consumer of a document containing at least the name and address of the trader, the information necessary for identifying the contract, as well as an instruction on the right of withdrawal, the withdrawal period, and the procedure for exercising the right of withdrawal; however, no earlier than upon conclusion of the contract, in the case of sales contracts concerning goods, with the day on which the consumer obtains possession of the goods. If such a document has not been delivered, the consumer shall have the right of withdrawal for a period of twelve months and 14 days from the date of contract conclusion or delivery of goods; if the trader subsequently delivers the document within twelve months from the start of this period, the extended withdrawal period ends 14 days after the time at which the consumer receives the document. 6.9.2 In such cases, the provisions of points 6.4 and 6.5 above shall apply to the exercise of the right of withdrawal. The model for the declaration of withdrawal in point 6.1 may be used.

6.9.3 The consumer does not have the right of withdrawal if they themselves initiated contact with the trader or their agent for the purpose of concluding this contract, if no negotiations between the parties or their agents preceded the conclusion of the contract, or in contracts where mutual performances are to be rendered immediately and which are customarily concluded by traders outside their business premises and the agreed remuneration is 25 Euro, or if the enterprise is not operated from permanent business premises due to its nature and the remuneration does not exceed 50 Euro, for contracts subject to the Distance Selling Act (in such cases, the right of withdrawal exists as per points 6.1 to 6.8 above), or in declarations of intent made by the consumer in the physical absence of the trader, unless they were urged to do so by the trader.

7 Retention of Title

7.1 The goods supplied by us shall remain our property until full payment of all our claims arising from the respective delivery has been made.

7.2 The customer is obliged to treat the goods with care during the existence of the retention of title. They must immediately inform us of any actions taken against the goods by third parties, in particular enforcement measures, as well as damage or destruction of the goods. In case of fault on their part, the customer shall compensate all damages and costs arising from a breach of these obligations and from necessary intervention measures against actions by third parties regarding the goods.

8 Warranty

8.1 With regard to consumers in cases of defects in the goods, the statutory warranty provisions (§ 8 KSchG) shall apply. No case of warranty exists for damages caused by improper use or handling of the product. The same applies to normal wear and tear.

8.2 Product images on the website and/or in our folders may differ from the appearance of the delivered products regarding color and size due to resolution and dimensions. The supplied goods shall be considered compliant with the contract if the delivered items correspond to the other product specifications.

8.3 If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), they must, upon receipt, promptly check the delivered goods for completeness, correctness and other defects, in particular for intact packaging, and notify us of any possible defects by e-mail to info@krippenschule.at with a brief description. This serves only to enable faster and more effective processing of potential defect complaints. A failure to comply with this obligation does not result in any restriction of the consumer's statutory warranty rights.

8.4 If the customer requests that we return the goods to us and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any shipping costs incurred by the consumer must be borne by them. Defective goods should therefore only be returned upon our express request.

9 Liability

9.1 We are liable for damages in accordance with statutory provisions. However, liability for damage caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health and claims under the Product Liability Act.

10 Data Protection, Change of Address

10.1 Personal data provided to us by the customer in the course of the business relationship, such as name, address, e-mail, telephone number and delivery address, will be stored and processed by us. We use the data within the scope of statutory authorization to execute the order.

10.2 The customer is obliged to promptly inform us of any changes to their residential or business address and contact details during an ongoing business relationship. If they fail to notify us, declarations shall be deemed received even if sent to the last known address provided by them.

11 Jurisdiction, Choice of Law, Miscellaneous
11.1 The court with local and subject-matter jurisdiction for 6473/Wenns is the competent court for all disputes arising from this contract, except in cases pursuant to section 12.2. Our right to also invoke another court competent for the customer remains unaffected.
11.2 If our customer is a consumer who has their domicile or habitual residence in Austria at the time of conclusion of the contract, or if they are employed within the country, jurisdiction may only be established before the court whose district includes the place of domicile, habitual residence or place of employment for any lawsuit against them.
If the customer is a consumer and resides or habitually stays in another EU Member State at the time of conclusion of the contract, and we carry out professional or commercial activity in that EU Member State where the consumer has their domicile, or direct such activity by any means to that Member State or several States including this one, and the contract falls within the scope of such activity, then a lawsuit brought by the consumer may also be filed before the court at the place where the consumer resides; however, a lawsuit against the consumer may only be filed before the courts of the Member State in whose territory the consumer has their domicile.
11.3 The substantive law of the Republic of Austria shall apply exclusively, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that mandatory provisions of the law of the state in which they have their habitual residence are not displaced.
11.4 Should individual provisions of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions nor contracts concluded based on them. The wholly or partially invalid provision shall only be replaced by a regulation that most closely approximates the intent and purpose of the invalid provision in contracts with entrepreneurs.

PART II - Business Transactions

If a contract is concluded pursuant to section 1.1 with an entrepreneur, the following deviating provisions also apply:

II/1 Warranty

If the customer is a business entity, they must inspect the delivered goods upon receipt for completeness, accuracy, and other defects, particularly regarding the integrity of the packaging. In case of defects, these must be reported within a reasonable period, but no later than four working days after receipt of the goods via email to info@krippenschule.at. Defects recognized later must also be reported immediately and at the latest within four working days after they become apparent. If the business entity has not detected or reported any defects within the objection period, the delivery is deemed approved, thereby waiving all claims such as warranty, rescission due to mistake, or damages for a subsequently alleged deviation or defect (§ 377 UGB). This also applies in case of incorrect deliveries or deviations in the quantity delivered. If the customer is a business entity, we have the exclusive choice of legal remedy to rectify a timely reported defect. We are also free to rescind the agreement immediately.
If the customer is a business entity, they must bear the costs for returning the goods for improvement or exchange.
II/2 Liability
9.2 Customers who are business entities must prove intent or gross negligence and assert claims for damages within one year from the transfer of risk. The provisions on damages contained in these GTCs or otherwise agreed upon also apply if a claim for damages is asserted alongside or instead of a warranty claim.
9.3 If the customer is a business entity, any recourse claims under § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the
defect was caused within our sphere and at least grossly negligently committed.
II/3 Prohibition of Retention and Set-off
10.1 Justified complaints do not entitle customers who are business entities to withhold the invoice amount. The set-off of alleged counterclaims against the payment claim is not permissible unless we expressly agree thereto.
II/4 Choice of Law; Place of Performance and Jurisdiction
Austrian law applies mandatorily, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of performance is 6473/Wenns. For disputes arising from or concerning legal transactions subject to these GTCs, exclusive jurisdiction is agreed upon with the District Court for Commercial Matters or the Commercial Court in Imst, depending on the amount in dispute,