Terms of Conditions
HELENA’S NOOK
Disclosure according to §5 ECG:
Company: OLENA OLEFIRENKO BENNETT
Address: 3100 St.Pölten , Rennbahnstrasse 41/B/9
Telephone: +43 664 1323535
Email: shop@Jhelenasnook.com
UID: ATU71927356
Managing Director: Olena Olefirenko Bennett
Trade authority: BH St. Pölten
(from now on referred to as “Seller”).
1. Scope
1.1 These General Terms and Conditions (“GTC”) and the rights of withdrawal are regulated under point 8
and consequences of withdrawal for consumers apply – unless expressly agreed otherwise
– for the conclusion of contracts between the seller and the customer. This is regardless of whether such a
contract conclusion is online via our website, www.helenasnook.com, or offline in our branch
is closed. For legal transactions with entrepreneurs, the provisions in
Section II.
1.2 With the submission of his contractual declaration (see point 1.4), the customer accepts these GTC.
Contracts can only be concluded under these conditions. deviating, opposing,
restrictive or supplementary terms and conditions and regulations of the customer, we must
expressly agree so that these become part of the contract in individual cases. In particular, apply
Contract fulfillment actions on our part do not constitute consent to any of our terms and conditions
deviating conditions.
1.3 If several contracts are concluded at different times, the one at the time
the submission of the contract declaration (see point 1.4) by the customer and by us
published or posted version of the GTC part of the contract. Multiple contracts
establish a relationship with a specific customer without express written agreement
Framework agreement neither a continuing obligation nor any other right to renew
conclusion of a contract of sale.
1.4 Conclusion of contract
1.4.1 The presentation of our products on our website or in our stores does not constitute an offer
legally. The offer is made exclusively by the customer as in point 1.4.3
shown.
1.4.2 The customer’s offer is made in our branches by handing the goods to the cashier
and their payment. We accept such an offer by accepting the purchase price
and delivery of the goods.
1.4.3 On our website, the customer makes an offer by ordering the item. That
The customer’s offer is made for him by clicking on the “Order with obligation to pay” button
binding. Please note that after we have received the customer’s order,
a separate confirmation of receipt of his orders is sent. Such confirmation constitutes
does not yet constitute acceptance of the offer. Our acceptance only occurs through a separate
order confirmation sent in writing within a reasonable period or by actual delivery
of the ordered goods. A period of no more than 5 working days is allowed within a reasonable period
to understand. We can accept orders only partially or without stating
reasons to refuse. If you do not receive a message despite entering a valid email address,
please get in touch with us at shop@helenasnook.com
2. Registration on the website, website access
2.1 The customer must register on the website before placing the first order.
2.2 The customer must be at least 18 years of age and have full legal capacity. With the sending of the
registration form, the customer confirms the correctness of his information, in particular, his
name, age, legal capacity, and address.
2.3 As a new user, you can log in using a username that is not compatible and
must be identical to your name and assign a password. Up now, please
Click <Register>. Then please enter your name, nickname, email address (for order confirmations), and password. Then you come to your
Account. Here you can add all data, e.g., B. the billing address or a
Differing Shipping Address.
2.4 The customer is responsible for keeping the access code secret. We can only check
whether an access code corresponds to a properly activated customer entitlement.
We are not subject to any further verification obligation. Any person dealing with one on the
website approved customer authorization, and the appropriate access code is considered
authorized to place orders for the registered customer with legal effect. We
recommend changing the password regularly.
2.5 We are not liable for the uninterrupted functioning of the website. We are anytime
entitled, even without prior notice, to carry out work on the website that a
entail shutdown/interruption. We are also under no obligation to provide any specific
To make server capacity available, so with overloads and longer response times
must be calculated.
3. Prices, delivery, and shipping costs
3.1 The website’s prices are retail, including sales tax. All
We will show the consumer any additional freight, delivery, shipping, or other costs
submitting its bid insofar as these costs can reasonably be calculated in advance
be able. If these costs cannot reasonably be calculated in advance, we will point out
in advance of the possible occurrence of such additional costs before submitting the offer
to the customer.
3.2 The provisions of the federal law on fixed prices apply to book shipments
books.
4. Terms of Payment
4.1 Unless otherwise agreed in writing, our claims are before delivery
to pay for the products ordered in full and without deduction. Payment of the purchase price
Purchase through our website is possible using the following payment methods: credit card,
Invoice in advance, payment upon collection in store. When purchasing from our store, the following are available
Payment methods are available: cash or ATM. The purchase price is immediately
due to our acceptance of the offer in each case. The amount in the amount of the purchase price is, therefore, when choosing the
Payment by credit card upon acceptance of the offer by us from the one indicated by the customer
Credit card debited.
5. Delivery/granting of rights of use for e-books
5.1 The delivery (posting by us) for an online purchase takes place – provided the goods are in stock
and nothing different is noted on the website for it – within 4-5 working days after
Acceptance of the order by email or receipt of the order upon acceptance by factual
Delivery ( point 1.4.3). We choose a carrier to the best of our judgment but
without guarantee for the choice of the fastest and cheapest shipment.
5.2 We provide digital content that is not stored on a physical data carrier, such as e-books
Customers will be able to download it after 10 days unless the customer expressly agrees that the
Retrieval should take place earlier and acknowledges that this is by the provisions
under point 6 8. of these General Terms and Conditions, his right of revocation and withdrawal can be omitted.
5.3 The delivery period is increased by all circumstances independent of the will of the parties, such as cases of higher
Violence, unforeseeable disruptions to operations, official intervention, delays in transport and customs clearance,
Transport damage rejects of important production parts, and labor disputes for the duration of the
hindrance extended.
5.4 Delivery is made to the delivery address specified by the customer. Any additional costs
are caused by the customer providing an incorrect delivery address
to wear this.
5.5 E-books are usually protected by copyright. If you purchase e-books and transfer them,
we do not own property to you in this respect, but rather a non-exclusive and non-transferable one
Right of use (“work use permit”). This license to use the work entitles you as a
Customers download the e-book, use it for their private use within
the store, and use Austria on a device. Observe the provisions in point.
6.4.
5.6 Use of digital
E-books are prohibited. In particular, such digital goods may not be reproduced, distributed,
sent wirelessly or by wire, made available to third parties for a fee, and not
translated, edited, processed, or placed on the market.
6. Revocation and withdrawal rights and consequences f
or consumers according to FAGG (6.1 to 6.8) or KSchG (6.9)
6.1 If the customer is a consumer within the meaning of the Consumer Protection Act and has the right based on these General Terms and Conditions
The contract concluded either as a distance contract or outside our premises (and
if the fee to be paid in the latter case is more than EUR 50), he can withdraw from this up to
Item 6.2 without giving reasons. This does not apply in
Item 6.8 regulated exceptional cases, especially when purchasing e-books or POD Print On Demand
products under the acc Point 6.8.11 recorded requirements. For the resignation must us
Customer with a clear statement ( e.g., a letter sent by post, fax, or email –
see point 1) about his decision to revoke this contract. The resignation is
not tied to any particular form. Please note, however, that we will receive the revocation
must to be effective. The customer can use the sample cancellation form attached here
use.
Declaration of withdrawal/declaration of revocation
To the company OLENA OLEFIRENKO BENNETT, email: shop@helenasnook.com
I/we at this moment revoke the contract concluded by Article ……………, which
I/we on …. . ordered on …. have received.
Repayment to account IBAN … ……. . BIC ……….
Name of consumer(s) ………………
Address ………………
………….. …………… …….
Date, signature
_____________________________________________________________________________________________
6.2 The withdrawal period is as follows:
6.2.1 In the case of sales contracts and other contracts aimed at the purchase of goods against payment
they can be within 14 days from the day on which the consumer or one of them
named the third party who is not the carrier, in possession of the goods or the last partial shipment
or the goods last delivered (§ 11 Para. 2 Z 2 lit a) to c) FAGG).
6.2.2 In the case of contracts for the regular delivery of goods over a specified period
the period is 14 days from the day on which the consumer or a person named by him
the third party, who is not the carrier, obtains possession of the goods delivered first;
6.2.3 In the case of contracts for the delivery of data not stored on a physical data carrier
digital content (such as e-books) – unless the exception to the right of withdrawal acc Point 6.8.11
applies – the period is 14 days from the day of the conclusion of the contract.
6.2.4 The withdrawal period, according to points 6.2.1 to 6.2.4, is met if the declaration of withdrawal is made within the
deadline is sent. Please note, however, that we must receive the revocation to be effective
(the risk in the case of postal or electronic transmission (fax, email) is included.
Them).
6.3 If we have not complied with our obligation to provide information according to § 4 Para. 1 Z 8 FAGG, it will be extended
the withdrawal period from point 8.2 will be increased by twelve months. So let’s come to our information obligations
within this period; the withdrawal period ends 14 days after the point in time at which the
consumer receives this information.
6.4 If the consumer withdraws from the contract, we have all payments that we have from him
received, including the cost of delivery (excluding the additional costs that
resulting from the fact that the consumer has chosen a different type of delivery than that offered by us,
has chosen the cheapest standard delivery), immediately and at the latest within 14 days from the day
on which we received notification of the cancellation of this contract.
For this repayment, we use the same means of payment that the consumer used for the
original transaction unless expressly stated otherwise
agreed. Under no circumstances will the consumer be charged for this repayment.
In the case of sales contracts or other contracts aimed at the purchase of goods against payment
we can refuse the repayment until we have either received the goods back or
– 6 –
the consumer has provided proof of the return of the goods unless we
have offered to collect the goods themselves.
6.5 The consumer must return the goods immediately and, in any case, within 14 days at the latest
to be returned to us on the day he informs us of the cancellation of this contract
or to hand over. The deadline is met if the consumer returns the goods before the deadline of 14
days. The consumer bears the direct costs of the return, provided that we
informed in advance about the obligation to bear the costs for the return. The consumer
only has to pay for any loss in value of the goods if this loss in value is attributable to a
not necessary to check the nature, properties, and functionality of the goods
handled by the consumer. However, the consumer is not liable for
the loss in value of the goods if we have not instructed him about his right of withdrawal.
6.6 If the consumer withdraws from a contract for the delivery of not on a physical
Digital content stored on data carriers (such as e-books) – unless the exception from
withdrawal acc Pkt 6.8.11 applies – back, so applies to the consumer for already
Services provided by the entrepreneur are not subject to payment.
6.7 If the consumer, in the case of a contract for services, has requested that these
should begin during the cancellation period, he has to pay us a reasonable amount, which
the proportion of up to a point in time at which the consumer informed us of the exercise of the
Informed about the right of cancellation regarding this contract, services already rendered in the
compared to the total scope of the services provided in the contract.
6.8 According to § 18 paragraph 1 FAGG, the consumer has no right of withdrawal when concluding contracts
about:
6.8.1 Services if we – based on an express request by the consumer
according to § 10 FAGG and a confirmation from the consumer that he is aware of the loss of the
Right of withdrawal if the contract has been completely fulfilled – before the end of the withdrawal period according to § 11
FAGG has started to perform the service, and then the service
was fully rendered
6.8.2 goods or services, the price of which depends on fluctuations in the financial market,
over which the entrepreneur has no influence and which may occur within the withdrawal period,
6.8.3 Goods made to customer specifications or personal
needs are tailored
6.8.4 Goods that can spoil quickly or whose use-by date would soon be exceeded,
6.8.5 Goods that are delivered sealed and for reasons of health protection or
For reasons of hygiene, they are not suitable for return unless they are sealed after delivery
was removed,
6.8.6 Goods which, after delivery, are inseparable from other goods due to their nature
were mixed
6.8.7 alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which are not
can be delivered earlier than 30 days after the conclusion of the contract, and their current value of
fluctuations in the market over which the entrepreneur has no influence,
– 7 –
6.8.8 sound or video recordings or computer software supplied in a sealed package
if their seal has been removed after delivery,
6.8.9 Newspapers, periodicals, or magazines, except subscription contracts for the
delivery of such publications,
6.8.10 services in the areas of transportation of goods, delivery of meals and
drinks and services provided in connection with leisure activities,
insofar as there is a specific point in time for the fulfillment of the contract by the entrepreneur or
the period is contractually provided,
6.8.11 the delivery of digital content that is not stored on a physical data carrier,
such as e-books, if the entrepreneur – with the express consent of the
consumer, combined with his knowledge of the loss of the right of withdrawal in the event of premature cancellation
Beginning with the performance of the contract and after providing a copy or confirmation
according to § 5 Para. 2 FAGG or § 7 Para. 3 FAGG – before the end of the withdrawal period according to § 11 FAGG
delivery has started.
6.9.1 If the agreed fee is less than EUR 50, the customer has the right to withdraw
according to § 3 KSchG as follows: If the consumer has not made his contractual declaration in the
Entrepreneur, for his business purposes, permanently used premises still at one of
delivered to this stand used for this at a trade fair or a market, he can get from his
Contract application or withdrawal from the contract. This withdrawal can be made until the
contract or after that within 14 days. This period begins with the
Issuance of a document that contains at least the name and address of the entrepreneur
Identification of the contract’s necessary information, as well as instruction on the right of withdrawal, the
cancellation period and the procedure for exercising the right of cancellation
Consumers, but at the earliest when the contract is concluded, in the case of purchase contracts
Goods from the day the consumer takes possession of the goods. Is the consequence of a
If such a document was omitted, the consumer has the right to withdraw for a period of twelve
months and 14 days from the conclusion of the contract or the delivery of the goods; if the
Entrepreneur makes up for the delivery of the documents within twelve months from the start of the period, so
the extended withdrawal period ends 14 days after the point in time at which the consumer
certificate received.
6.9.2 In this case, the provisions of the above points apply to the exercise of the right of withdrawal
6.4 and 6.5. The model of the declaration of withdrawal from point 6.1 can be used.
6.9.3 The consumer does not have the right to withdraw if he has the business connection
has initiated with the entrepreneur or his representative to conclude this contract,
if the conclusion of the contract, no discussions between the parties or
have preceded their agents or, in the case of contracts in which the mutual services
are to be provided immediately if entrepreneurs outside their business premises usually carry them out
be closed and the agreed fee of 25 euros, or if the company, after its
nature is not operated on permanent business premises, and the fee does not exceed 50 euros
Contracts that are subject to long-distance and foreign business law (in this case, there is
withdrawal according to points 6.1 to 6.8 above) or in the case of contractual declarations that the consumer
the physical absence of the entrepreneur unless he is entitled to do so by
The entrepreneur has been pushed.
7. Retention of Title
7.1 The goods we deliver remain our property until all our claims have been paid in full
for the respective delivery.
7.2 The customer is obliged to take care of the goods during the existence of the retention of title
to treat. He must inform us immediately of any access by third parties to the goods,
particularly enforcement measures and damage or
destruction. In the event of a fault, the customer shall owe us all damages and costs
replacing those caused by a breach of these obligations and be required
Intervention measures against access by third parties to the goods.
8. Warranty
8.1 The statutory provisions apply to consumers in the event of defects in the goods
Warranty provisions (§8 KSchG). There is no warranty for damage
caused by improper use or handling of the product. The same
applies to normal wear and tear.
8.2 The product images on the website and in our folders may vary due to the
Resolution and size in terms of color and the appearance of the delivered products
differ. However, the delivered goods are by the contract if the delivered items are of the other
and conform to product specifications.
8.3 If the customer is a consumer within the meaning of the KSchG, he has the delivered goods upon receipt
as far as possible for completeness, correctness, and other freedom from defects, in particular for the integrity
of the packaging, and inform us of any defects by email to xxx@xxx.at
give and describe briefly. This is only for faster and more effective processing
of any notices of defects. A breach of this obligation does not result in any restriction of the
consumer’s statutory warranty rights.
8.4 If the customer requests a return of the goods to us and is the goods
defective, we shall bear the related costs. Otherwise, any costs of the shipment
to be borne by the consumer. Defective goods are therefore only on our express
request to send back.
9. Liability
9.1 We are liable for damages according to the statutory provisions. Liability for slightly negligent
However, damage caused is excluded. This limitation of liability does not apply to damages
from injury to life, limb, or the health of people and for claims
according to the Product Liability Act.
10. Privacy Policy, Data Protection
10.1 The personal data communicated to us by the customer within the framework of the business relationship
Data such as name, address, email, telephone number, and delivery address are collected from us,
stored, and processed. We use the data within the scope of the legal authority
to carry out the order. By activating the box for data protection consent,
the customer expressly agrees that known by him in the course of the conclusion of the contract,
given personal data (such as name, address, email, telephone number as well as
delivery address) also for our marketing purposes and, thus, in particular, for mailings
be stored and processed for advertising purposes via SMS and email by § 107 TKG.
Any further transfer of personal data to third parties does not take place. Both
can be given – even separately – at any time ( e.g., by email to xxx@xxx.at )
be revoked. Our company makes within the framework of the legal provisions of §10
DSG 2000 from the possibility of a service provider who is committed to complying with his
Has committed obligations according to §11 DSG. Neither through our company nor through ours
Partners (service providers) will transmit or leave data to recipients based outside the European Economic Area. We are committed to compliance
Data security measures (§14 DSG) and data secrecy (§15 DSG).
10.2 The customer must inform us of changes to his residential or business address and provide contact details immediately during the ongoing business relationship. Does he omit them
a notification, declarations are also deemed to have been received if they were last known to him
given address will be sent.
11. Jurisdiction, Choice of Law, Miscellaneous
11.1 The place of jurisdiction for all disputes arising from this contract is the local and factual ZIP/CITY
competent court, except in the cases referred to in 12.2. Our authority, in this case, too, calling another court responsible for the customer remains unaffected.
11.2 If our customer is a consumer and has in Austria at the time the contract is concluded
his domicile or habitual abode or if he is employed in Germany,
action against him can only be justified by the jurisdiction of the court in whose district the
domicile, habitual abode, or place of employment.
If the customer is a consumer and is domiciled or habitually resident in another EU member state at the time the contract is concluded, and we practice in the EU member state in
whose territory the consumer is domiciled, a professional or commercial
activity or establish such by any means in that Member State or
several states, including this Member State, and the treaty falls within the scope of them
Activity can also be brought before the court of the place where the consumer has his domicile
the consumer brings legal action; the action against the consumer can only be brought before the
courts of the Member State in whose territory the consumer resides
has residence.
11.3 The substantive law of the Republic of Austria applies exclusively to the exclusion of
Reference norms and the UN Sales Convention. For consumers, this choice of law only applies to the extent that
mandatory provisions of the law of the state where he has their habitual residence
will not be ousted.
11.4 Should individual provisions of these General Terms and Conditions be wholly or partially invalid, this shall affect the
The remaining regulations and the contracts concluded based on them are not valid.
The wholly or partially ineffective regulation will only apply to contracts with entrepreneurs
replaced by a regulation that comes closest to the spirit and purpose of the invalid regulation
comes.