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Terms and conditions

General Terms and Conditions

1. Offer and conclusion of contract

1.1. The presentation of the products in our online shop does not constitute a legally binding offer, but rather an invitation to make an order. Errors and omissions excepted.
1.2. By clicking on the "Purchase" button in the last step of the ordering process, you place a binding order for the products in your shopping cart. The contract of sale is concluded when we accept your order by sending you an order confirmation via e-mail immediately after receiving your order.

2. Right of cancellation for consumers

2.1. You have a fourteen day limit to exercise your right of cancellation (calendar days). The time limit mentioned above starts from the day of delivery of the goods. The day of delivery doesn't count. Cancellations must be made via e-mail.

The returned products must be clearly marked as returns and sent to the following address:

MODEKIDS, Gabriele Ripfl, Reichsstr. 24A, A-3300 Amstetten
Fax: +43 7472/69410

In case of cancellation of the contract  by the consumer, the trader has to refund the payment of the consumer in exchange for the receipt of the returned goods. The consumer on his part has to immediately return the received goods and pay reasonable compensation to the trader for the use, including compensation for a decrease in the value of the goods incidental to use. The simple acquisition of the goods by the consumer is not to be considered a decrease in value.

Goods that can be shipped must be returned by the consumer and at his expense.

If the client is an enterprise, a cancellation according to 2.1. is excluded.

3. Prices and shipping costs

3.1. The prices that are given on the product page are effective at the time of the order and inclusive of VAT.
3.2. The indicated prices do not include shipping costs, which are indicated in the shopping cart system and again in the order confirmation you receive from us.
3.3. In case of sales to consumers outside the EU, no Austrian VAT is due. The net prices are indicated on the product pages, as well as in your shopping cart. Customs clearance, the payment of import taxes (tax on imports, duties) are at your own expense. Please contact your regional customs office for further information. (This issue only concerns consumers from countries outside the European Union.)

4. Delivery

4.1. Delivery is executed by post or parcel service.
4.2. Goods in stock are shipped within 2 working days of receipt of payment. Orders payed by credit card, DIRECTebanking, cash on delivery or PayPal are usually shipped within one working day.

5. Payment

5.1. Depending on your home country, payments can be made by DIRECTebanking, credit card or PayPal. If you pay by credit card, your account will not be debited until the goods are delivered.

6. Reservation of proprietary rights

The goods are our property until the payment is completed.

7. Guarantee

Guarantees are subject to legal requirements. In case of legitimate complaints of faults, the product in question is either replaced or repaired. A reasonable time period has to be granted. If a replacement or repair is out of the question (not possible, expenses too high), the costumer is entitled to a price reduction or, in case the defect is significant, to a cancellation of the contract.

8. Court of jurisdiction

The contractual parties have agreed upon the exclusive application of Austrian substantive law, unless this is opposed by mandatory legal regulations. The UN Convention of Contracts and all regulations which relate to the UN Convention of Contracts are expressly excluded.
For consumers who at the time the contract is concluded do not have their domicile, main residence or place of employment in Austria, statutory jurisdictions are valid.

Text of the contract

The text of the contract will be stored in our internal systems. You may read our General Terms and Conditions at any time on this page. If you have registered a client account, you have permanent access to your client data via 'Customer account'. The order details and the General Terms and Conditions are sent to you via e-mail. The contract is not accessible via Internet after placing the order due to security reasons.

The contract is available in German, English, French and Spanish. Only the German version is binding.

Date 22.06.2011

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