Terms and Conditions

1. Scope

1.1 These General Terms and Conditions ("GTC") and the withdrawal rights and consequences for consumers regulated under section 8 apply—unless explicitly agreed otherwise—to contracts between the seller and the customer. This applies regardless of whether such a contract is concluded online through our website www.kinderwunschcoaching.eu or offline in a store. For transactions with entrepreneurs, the provisions in Section II also apply.

1.2 By submitting their contract declaration (see Section 1.4), the customer accepts these GTC. Contracts can only be concluded under these conditions. Deviating, conflicting, limiting, or supplementary terms and conditions of the customer must be expressly agreed upon by us to become part of the contract. In particular, fulfillment actions on our part do not constitute acceptance of any conditions deviating from our GTC.

1.3 For multiple, temporally separated contract conclusions, the version of the GTC valid at the time of submission of the contract declaration (see Section 1.4) by the customer and published or posted by us will apply. Multiple contract conclusions with a specific customer do not establish a continuous obligation relationship or any other claim for a renewed contract without an explicit written framework agreement.

1.4 Conclusion of Contract

1.4.1 The presentation of our products on our website is not a legal offer. The offer is exclusively made by the customer as outlined in Section 1.4.3.

1.4.2 The customer's offer is made by sending the goods and payment. We accept such an offer by receiving the purchase price and handing over the goods.

1.4.3 On our website, the customer makes an offer by ordering the item. The customer's offer becomes binding for them by clicking the "order with obligation to pay" button. Please note that after receiving the customer's order, a separate confirmation of receipt of their order will be sent. This confirmation does not yet constitute acceptance of the offer. Our acceptance occurs only through a separate, written order confirmation within a reasonable period or by the actual delivery of the ordered goods. A reasonable period is understood to be 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 a message despite having entered a valid email address, please contact us at office@kinderwunschcoaching.eu.

2. Registration on the Website, Website Access

2.1 Before the first order, the customer must register on the website.

2.2 The customer must be at least 18 years old and legally capable. By submitting the registration form, the customer confirms the accuracy of their information, particularly their name, age, legal capacity, and address.

2.3 We are not liable for uninterrupted operation of the website. We are entitled to perform maintenance on the website without prior notice, which may involve shutdowns/interruption. We are also not obligated to provide a specific server capacity, so overloads and longer response times should be expected.

3. Prices, Delivery, and Shipping Costs

3.1 The prices listed on the website are final consumer prices including VAT. All additional freight, delivery, shipping, or other costs will be communicated to the consumer before they submit their offer if such costs can reasonably be calculated in advance. If these costs cannot be reasonably calculated in advance, we will inform about the possibility of such additional costs before the customer submits their offer.

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

4. Payment Terms

4.1 Unless otherwise agreed in writing, our claims are to be paid in full and without deduction before the delivery of the ordered products. Payment of the purchase price when buying through our website is possible via the following payment methods: credit card, advance invoice, PayPal, payment on collection. When purchasing in our store, the following payment methods are available: cash or debit card. The purchase price is due immediately upon our acceptance of the offer. The amount of the purchase price will therefore be debited from the credit card provided by the customer upon acceptance of the offer.

5. Delivery / Granting of Usage Rights for E-Books

5.1 Delivery (postal dispatch by us) for an online purchase will be made—provided the goods are in stock and nothing to the contrary is noted on the website—within 4-5 working days after acceptance of the order by email or actual delivery (Section 1.4.3). The choice of carrier is at our discretion but without guarantee of the fastest and cheapest shipping.

5.2 The delivery period will be extended by the duration of any circumstances beyond the control of the parties, such as force majeure, unforeseeable operational disruptions, governmental interventions, transport and customs delays, transport damages, defects in essential manufacturing parts, and labor conflicts.

5.3 Delivery will be made to the delivery address provided by the customer. Any additional costs resulting from providing an incorrect delivery address by the customer are to be borne by the customer.

6. Right of Withdrawal and Consequences for Consumers According to FAGG (6.1 to 6.8) or KSchG (6.9)

6.1 If the customer is a consumer according to the KSchG and has concluded the contract based on these GTC either as a distance selling contract or outside our business premises (and the amount to be paid in the latter case is more than EUR 50), they can withdraw from this contract within the period mentioned in Section 6.2 without giving any reason. This does not apply in the cases regulated in Section 6.8, especially for the purchase of e-books or POD (Print on Demand) products under the conditions specified in Section 6.8.11. To withdraw, the customer must inform us of their decision to withdraw from the contract with a clear statement (e.g., a letter sent by post, fax, or email – see Section 1). The withdrawal is not bound to any specific form. However, please note that the withdrawal must reach us to be effective. The customer can use the attached sample withdrawal form for this purpose.

Withdrawal Statement

To: Julia König
Email: office@kinderwunschcoaching.eu

I/we hereby withdraw from the contract concluded regarding the item ............, which I/we ordered on ….. / received on …..

Refund to account IBAN ……….. BIC ……….

Name(s) of consumer(s) ……………… Address ……………… …………..

Date Signature

6.2 The withdrawal period is as follows:

6.2.1 For purchase contracts and other contracts aimed at the paid acquisition of goods, it is 14 days from the day the consumer or a third party named by them, who is not the carrier, takes possession of the goods or the last partial delivery or the last delivered goods (§11 Abs 2 Z 2 lit a) to c) FAGG).

6.2.2 For contracts concerning the regular delivery of goods over a fixed period, the period is 14 days from the day the consumer or a third party named by them, who is not the carrier, takes possession of the first delivered goods;

6.2.3 For contracts concerning the delivery of non-physical digital content (e.g., e-books) – unless the exception to the right of withdrawal according to Section 6.8.11 applies – the period is 14 days from the day of the contract conclusion.

6.2.4 The withdrawal period according to Sections 6.2.1 to 6.2.4 is maintained if the withdrawal statement is sent within the period. However, please note that the withdrawal must reach us to be effective (the risk in case of postal or electronic transmission (fax, email) lies with you).

6.3 If we have not met our information obligations according to §4 Abs 1 Z 8 FAGG, the withdrawal period from Section 6.2 is extended by twelve months. If we meet our information obligations within this period, the withdrawal period ends 14 days after the date the consumer receives this information.

6.4 If the consumer withdraws from the contract, we must refund all payments received from them, including delivery costs (excluding additional costs resulting from the consumer choosing a type of delivery other than the least expensive standard delivery offered by us), immediately and at the latest within 14 days from the day we receive the notice of withdrawal from this contract. For this refund, we use the same payment method the consumer used for the original transaction unless expressly agreed otherwise. In no case will the consumer be charged any fees for this refund. For purchase contracts or other contracts aimed at the paid acquisition of goods, we can refuse to refund until we either receive the goods back or the consumer provides proof of returning the goods, unless we have offered to collect the goods ourselves.

• 6.5 Return: Consumers must return goods within 14 days of notifying us of the withdrawal from the contract. The consumer bears the direct costs of returning the goods. The consumer is only liable for any loss in value if it is due to handling that is not necessary to ascertain the nature, characteristics, and functioning of the goods. However, the consumer is not liable for loss in value if they were not informed about the right of withdrawal.

• 6.6 Withdrawal from Digital Content Contracts: If the consumer withdraws from a contract for the supply of digital content not supplied on a physical medium (e.g., e-books), they are not required to pay for any services rendered by the entrepreneur up to that point, unless exceptions apply as per 6.8.11.

• 6.7 Withdrawal from Service Contracts: If the consumer requested that the service begin during the withdrawal period, they must pay us an appropriate amount corresponding to the proportion of the service already provided up to the time the consumer notified us of the exercise of the right of withdrawal.

• 6.8 No Right of Withdrawal for:

  • Services that were started with the consumer's explicit request and completed before the end of the withdrawal period.

  • Goods or services whose price depends on fluctuations in the financial market which the entrepreneur cannot control.

  • Goods made to the consumer’s specifications or clearly personalized.

  • Goods that have been inseparably mixed with other goods after delivery due to their nature.

  • Sealed audio or video recordings or software, if the seal was removed after delivery.

  • Digital content not supplied on a physical medium, if the entrepreneur started delivery with the consumer's explicit consent and knowledge of the loss of the right of withdrawal before the end of the withdrawal period.

• 6.9 Withdrawal Right for Contracts Under €50:

  • Consumers can withdraw from contracts under €50 if they did not receive a proper withdrawal instruction. The withdrawal can be exercised within 14 days of the contract conclusion or delivery. If no proper instruction was provided, the withdrawal period extends to 12 months and 14 days.

7 Retention of Title

• 7.1 Retention of Title: Goods remain our property until all claims arising from the respective delivery are fully paid.

• 7.2 Customer Obligations: The customer must handle the goods carefully and notify us immediately of any third-party claims, including enforcement measures, damages, or destruction of the goods. The customer is liable for any damage and costs resulting from a breach of these obligations or necessary interventions.

8 Warranty

• 8.1 Legal Warranty: Consumers are entitled to statutory warranty for defects in the goods, excluding damage caused by improper use or normal wear and tear.

• 8.2 Product Images: Product images on the website or in our brochures may differ from the actual appearance of the delivered products due to resolution and size. Goods are considered conforming if they meet the product specifications.

• 8.3 Defect Notification: The customer should inspect the goods upon receipt and report any defects via email to xxx@xxx.at. This facilitates faster processing of defect claims but does not limit the consumer's statutory warranty rights.

• 8.4 Return Costs: If a return is requested due to defective goods and the goods are indeed defective, we will bear the return costs. Otherwise, the consumer is responsible for the return costs. Defective goods should only be returned at our explicit request.

9 Liability

• 9.1 Liability: We are liable for damages according to legal provisions. However, liability for damages caused by slight negligence is excluded, except for damages to life, body, or health, and claims under the Product Liability Act.

10 Data Protection and Address Change

• 10.1 Data Protection: Personal data provided by the customer is stored and processed to execute the order and for marketing purposes if the customer consents. No data is shared with third parties except as required by law. Data is not transferred outside the EEA. We ensure data protection and confidentiality as per the Data Protection Act.

• 10.2 Address Change: The customer must inform us of any changes to their address or contact details during the business relationship. If the customer fails to do so, statements will still be considered received if sent to the last known address.

11 Jurisdiction, Choice of Law, Miscellaneous

• 11.1 Jurisdiction: The court competent for all disputes arising from this contract is the court responsible for 6890/Lustenau, both in terms of location and subject matter, except in cases as mentioned in section 12.2. Our right to bring a claim before another court that is competent for the customer remains unaffected.

• 11.2 Consumer Jurisdiction: If our customer is a consumer and, at the time of concluding the contract, resides or is ordinarily resident in Austria or is employed there, then any lawsuit against them can only be filed at the court in the jurisdiction where their residence, habitual residence, or place of employment is located. If the customer is a consumer and resides or is ordinarily resident in another EU member state at the time of the contract, and we are conducting a professional or commercial activity in that EU member state or targeting that state or several states, including that state, and the contract falls within this activity, then a lawsuit can also be filed at the court of the consumer’s residence. A lawsuit against the consumer can only be filed before the courts of the member state where the consumer resides.

• 11.3 Choice of Law: Austrian substantive law applies exclusively, excluding reference norms and the UN Sales Convention. This choice of law applies to consumers only insofar as it does not override mandatory provisions of the law of the country where they have their habitual residence.

• 11.4 Severability: If individual provisions of these terms and conditions are wholly or partially invalid, this does not affect the validity of the remaining provisions and the contracts concluded based on them. An invalid provision will be replaced with a provision that closely approximates the intended purpose of the invalid provision, specifically for contracts with entrepreneurs.

SECTION II: Business Transactions

If a contract is concluded with a business, the following differing provisions apply:

• II/1 Warranty: If the customer is a business, they must check the delivered goods upon receipt for completeness, correctness, and other defects, including the integrity of the packaging. Any defects must be reported by email to office@kinderwunschcoaching.eu within a reasonable period, but no later than four working days after receipt of the goods. Defects discovered later must also be reported immediately, within a maximum of four working days after discovery. If the business customer does not identify and report any defects within the notification period, the delivery is deemed accepted, and all claims such as warranty, contesting due to error, or damages due to a later claimed deviation or defect (§ 377 UGB) are forfeited. This also applies to any incorrect deliveries or deviations in delivery quantity. For business customers, we have the exclusive right to choose the remedy for addressing a timely reported defect. We also reserve the right to immediately amend the agreement. If the customer is a business, they bear the costs of returning the goods for repair or exchange.

• II/2 Liability:

  • 9.2: Business customers must prove intent or gross negligence and must assert damage claims within one year of the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed also apply if the damage claim is asserted in addition to or instead of a warranty claim.

  • 9.3: For business customers, any recourse claims under § 12 of the Product Liability Act are excluded, unless the recourse claimant proves that the defect was caused in our sphere and was at least grossly negligent.

• II/3 Retention and Set-Off Prohibitions:

  • 10.1: Justified complaints do not entitle business customers to withhold the invoice amount. Set-off of alleged counterclaims against the payment claim is not permitted unless expressly agreed by us.

• II/4 Choice of Law; Place of Performance and Jurisdiction: Austrian law applies mandatorily, excluding reference norms and the UN Sales Convention. The place of performance is 6890/Lustenau. For disputes arising from or related to transactions under these terms and conditions, the exclusive jurisdiction of the district court for commercial matters or the commercial court in Dornbirn is agreed upon, depending on the value of the dispute.

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