TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE MINIBAG ONLINE STORE

 

1. General, applicability, customer group, language

(1) All offers, sales agreements, deliveries and services connected to orders of our customers via our online store www.minibag.com (hereinafter referred to as the "webshop") are subject to these general terms and conditions of business. In particular, they shall apply in respect of all deliveries between ourselves and a consumer in the version valid at the time of the order.

(2) The product range in our webshop is tailored towards consumers. For the purpose of these general terms and conditions of business, (i) a consumer is any natural person who concludes the contract for a purpose which is neither commercial nor can it be attributed to the person's independent professional occupation.

(3) The terms and conditions of business of the Customer shall not apply, even if we do not separately object to their applicability in individual cases.

(4) The contracts with the Customer shall be exclusively concluded in the German (or English) language (depending on whether the Customer places the order via the German or English page of the webshop). Should the order of the Customer be placed via our German language website, the German version of these general terms and conditions of business shall be exclusively applicable accordingly. Should the order of the Customer take place via our English language website, the English version of these general terms and conditions of business shall be exclusively decisive.

 

2. Conclusion of the contract, order

(1) Our goods presentation in the webshop merely represents a non-binding invitation to order a product from us.

(2) By means of entry and sending of an order in the webshop (which requires prior registration and acceptance of these general terms and conditions of business), the Customer is making a binding offer to purchase the product concerned and to conclude a sales agreement. The Customer shall be bound by the offer until expiry of the third working day following the offer.

(3) We shall send the customer a confirmation of receipt of the offer immediately following its receipt. The automatically created email order confirmation does not yet represent an acceptance of the offer, rather it merely confirms that the order has been received by us. The decision as to whether we accept the order shall be at our discretion. Should we be unable to process an order, we will inform you of such immediately. The offer shall not be deemed to have been accepted by us until we bindingly declare its acceptance to the Customer (by email) or deliver the goods. The sales agreement with the Customer shall not come into existence until our acceptance has taken place.

(4) Should we ascertain when processing your order that the product which you have chosen is no longer available, we will inform you of such via email. A contract concerning the non-available goods shall not come into existence due to lack of acceptance of the offer.

(5) The order takes place in the following stages:

1) Selection of the requested goods
2) Confirmation by clicking the "PLACE IN SHOPPING BASKET" button
3) Checking of the details in the shopping basket
4) Confirmation via the "PROCEED TO CHECKOUT" button
5) Entry in the Internet shop following registration and entry of the required details (email address and password) 
6) Repeat check and/or correction of the respective entered data
7) Binding transmission of the order

Prior to the binding transmission of the order, the consumer can re-access the Internet page on which the customer entries are gathered by clicking the "back" button in the Internet browser which they are using following a checking of their details and can correct entry errors or terminate the order process by closing the Internet browser.

(6) Saving of the contractual text in case of orders via our online store: We will save the order and send you the order details, as well as our general terms and condition of business via email. You can also view the general terms and conditions of business at any time at https://minibag.com/pages/terms-and-conditions.

(7) Any customer who is a consumer is entitled to revoke the offer in accordance with the separate revocation instructions of which he or she is notified within the framework of the order on the website and to return the goods.

 

3. Right of revocation

The customer has the right to revoke his contractual declaration within fourteen days in text form without giving any reasons. The deadline shall commence on receipt of these instructions in text form, however not prior to receipt of the goods by the recipient and also not prior to fulfilment of our information obligations. In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of an express declaration (for example by letter or email). The declaration of revocation can also take place by means of return of the goods without an additional notice within the named revocation deadline.

Your declaration of revocation or return of the goods should be addressed to us at:

Kathi Goldscheider GmbH

Währingerstrasse 51/6

A-1090 Wine
Phone: +43 664 1161718

office@minibag.com

In respect of compliance with the revocation deadline, it will suffice if you forward the notice of the right of revocation or the goods to us before the expiry of the revocation deadline.

Consequences of revocation

Should you revoke this contract, we will immediately return all payments which we have received from you, including delivery costs (excluding any additional costs which may be due to you having chosen a different type of delivery than the low cost standard delivery offered by us) and at the latest within 14 days of the date on which the notice of your revocation of this contract or the returned goods were received by us. For this refund, we will use the same means of payment as you used in the original payment transaction, unless another payment method has been expressly agreed with you. On no account will you be charged any fees in connection with this refund. We shall be entitled to withhold payment of the refund until we have taken return receipt of the goods or until you have provided proof that you have returned the items. The respective earlier time shall be decisive in this respect.
You must return or hand over the goods immediately and at the latest within 14 days of the day on which you informed us of the revocation of the contract. The address is as follows:

Kathi Goldscheider GmbH
minibag
Währingerstrasse 51/6
A-1090 Wien

The deadline will have been deemed met if you dispatch the goods before expiry of the 14 day deadline. We will bear the costs and risks of the return of the goods. You will only be responsible for any reduction in value of the goods if this reduction in value results from handling by you which is not necessary to ascertain the quality, properties and functioning of the goods.

4. Legal notice / contracting partner

Kathi Goldscheider GmbH 
Währingerstrasse 51/6
A-1090 WIen
Phone: +43 (664) 1161718

office@minibag.com

 

5. Prices, payment methods and invoicing

(1) Our prices include the respective statutory applicable value added tax, but not shipping costs, The Customer must bear the cost of customs duties and similar taxes.

(2) The payment of the goods can be made according to the choice of the Customer in accordance with the proposed payment methods stated in the order process and in line with the terms and conditions stated therein. Possible means of payment are advance payment, bank Paypal, as well as bank transfer or credit card (Visa, MasterCard. Depending on the results of the checking of your data (identity and creditworthiness checks), we shall reserve the right to exclude certain methods of payment.

(3) Should the consumer have chosen payment by means of advance payment, he or she shall be obliged to pay the purchase price immediately following conclusion of the contract.

(4) Should you enter payment default, we shall reserve the right to issue you with warnings and to charge a fee of 10 euros. In case of payment default, you shall be obliged to reimburse us in respect of all costs, expenses and cash expenditures which are incurred by us in connection with the assertion of our claims. Without prejudice to a duty to provide compensation defined by procedural law, this shall also include all out-of-court costs of an engaged debt collection agency or lawyer.

(5) The Customer shall not acquire any right of set off or retention, unless the counterclaim is undisputed or recognised by a court of law.

 

6. Dispatch of the goods, shipping costs

(1) Should no shipping date be stated, goods which are identified as "in stock" will be ready for dispatch immediately. The deadline which is decisive in respect of the determination of the shipping date shall commence respectively (a) if delivery against prepayment is agreed, on the date of receipt of the full purchase price (including value added tax and shipping costs), (b) if cash-on-delivery or payment after delivery has been agreed, upon the conclusion of the sales contract, (c) in case of payment by means of the respective other payment methods, when payment is made.

(2) Should delivery against prepayment be agreed upon, we will hold the goods in stock within a period of five working days following our acceptance of the offer; should the payment not be received by us during this period, we shall be entitled to sell the goods at any time.

(3) Should the goods not be deliverable or not be deliverable on time, we will immediately notify the Customer of this fact. Should the item not be available from our supplier for the foreseeable future, we shall be entitled to rescind the sales agreement. In case of rescission, we shall immediately refund the Customer in respect of any payments made to us. The statutory rights of the Customer due to delivery delays shall not be affected by the provision above, whereby the Customer can only bring a claim for damages in accordance with the special provision of Paragraph 9 of these general terms and conditions of business.

(4) Partial deliveries of Products included in the same order shall be permitted, provided that the products can be used separately. In this event, we shall bear any additional delivery costs.

(5) The minibag online store delivers free-of-charge in Switzerland and the European Union via Swiss Post and dpd for purchases of if stocks permit. The delivery time amounts to approximately 2 to 5 working days following dispatch of the goods.

(6) Should goods be delivered with obvious damage to the packaging or the contents, the Customer must make an immediate complaint to the delivery agent concerned, regardless of the warranty rights of the Customer, and must reject acceptance. The Customer must also make immediate contact with the minbag online store via the avove stated telephone number or by alternative means (email, post), so that the minbag can assert any rights in relation to the delivery company.

 

7. Dispatch, insurance and transfer of risk

(1) Unless expressly agreed otherwise, we will determine the reasonable means of transportation and the shipping company at our discretion.

(2) We shall only be responsible for the timely and proper delivery of the goods to the shipping company and shall not be responsible for delays caused by the latter. Therefore, a shipping duration named in the webshop shall be non-binding.

(3) The risk of possible destruction, damage or loss of the delivered goods shall be assigned to the Customer once the goods are delivered to him or her or the Customer enters acceptance default.

(4) We will insure the goods against the usual transportation risks at our expense.

 

 

8. Retention of title

(1) We shall retain the ownership of the goods delivered by us until full payment of the purchase price in respect of the item(s) concerned has been received (including value added tax and shipping costs).

(2) The Customer shall not be entitled to sell on the goods delivered by us which are subject to retention of title without our prior written consent. In case of selling on, the Customer hereby assigns to us the claims arising out of the sale to the amount of the purchase price to be paid to us, plus a 20% surcharge. We hereby authorise the Customer to collect the assigned claims in the course of normal business operations, whereby we can revoke the said authorisation at any time in case of payment default on the part of the Customer.

 

9. Warranty

(1) Unless expressly agreed otherwise, the statutory warranty provisions shall apply. Should the delivered goods demonstrate material defects, the Customer shall be entitled to choose between correction of the defects or the delivery of defect-free goods. We shall be entitled to refuse the type of supplementary performance chosen by the Customer if this is only possible with disproportionately high costs.

(2) Should the supplementary performance fail, should it be unreasonable to the Customer or should we reject supplementary performance, the Customer shall be entitled to rescind the sales agreement, reduce the purchase price, bring a claim for damages or demand reimbursement of his or her futile expenses. The separate provisions of Paragaraph 10 of these general terms and conditions of business shall also apply in respect of damages claims on the part of the Customer.

(3) The warranty period shall be two years from the time of receipt of the delivery.

 

10. Liability

(1) Regardless of legal reason, we shall only incur liability in case of intent and gross negligence, also on the part of our representatives or vicarious agents.

(2) In case of simple negligence, we shall only incur liability as follows:
a) for losses connected to injury to life, body or health, 
b) for losses due to the breach of a significant contractual obligation (a duty whose fulfilment is absolutely necessary for the proper performance of the contract and on whose compliance the contracting partner relies and may rely); in such a case, our liability shall however be limited to compensation for the foreseeable and typically occurring loss.

(3) The restrictions of liability above shall not apply if we have fraudulently concealed a defect or have provided a guarantee in respect of the quality of the goods.

 

11. Data protection

(1) We may process and save the data connected to the respective sales agreements, provided this is necessary for the performance and execution of the sales agreement and should we be required to store the said data due to statutory regulations.

(2) We reserve the right to forward personal data of the Customer on to credit agencies should this be necessary for the purpose of a credit check, provided that the Customer has declared his or her express agreement to such in an individual case. Otherwise, we shall not forward the personal customer data on to third parties without the expressly declared agreement of the Customer, unless we are legally obliged to hand over such information.

(3) Please also consider the data protection declaration at https://minibag.com/pages/privacy-policy  

 

12. Applicable law and place of jurisdiction

The sales agreement between ourselves and the Customer shall be subject to the Swiss law with reservation of mandatory regulations under international private law and to the exclusion of the UN Convention on the International Sale of Goods.

 

13. Severability:

If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance.