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Terms and Conditions

INFORMATION ABOUT US

This site is operated by, and the goods you purchase will be supplied by Miracle Woman Manufaktur GmbH ("we"). We are registered in Austria under company number FN518290t and with our registered office at Neubaugasse 68, 1070 Vienna, Austria. Our main trading address is Neubaugasse 68, 1070 Vienna, Austria. Our  VAT number is ATU74877458. You can contact us by e-mail at customerservice@miracle-woman.com, by telephone on 0800 93 000 77 or write to us at Neubaugasse 68, 1070 Vienna, Austria.

1. Scope of applicability:

1.1. These general terms and conditions shall apply to all offers and orders in the online shop of www.miracle-women.com. The contractual partner of the customer is Miracle Woman Manufaktur GmbH. Miracle Woman Manufaktur GmbH is entitled to make use of various service providers for the processing and handling of the orders.

1.2. We only sell to individual persons of age with unlimited legal capacity or legal entities. Data necessary for the order such as name, address, etc. shall be made fully and truthfully.

1.3. The sale and shipment of goods is effected solely to the following countries:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (excluding its overseas territories), Germany, Greece, Hungary, Ireland, Italy  (excluding Livigno, Campione d'Italia), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Melilla, Ceuta), Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland (excluding the Channel Islands, Gibraltar and Isle of Man). In particular, San Marino and Andorra are excluded from the sale and shipment of goods.

2. Offers, Language, and Conclusion of Contract:

2.1. All offers in the online shop are subject to confirmation until they have been made the object of a contractual agreement. The contract in the internet shop of Miracle Woman Manufaktur GmbH under www.miracle-women.com may be concluded in the English language.

2.2. Before placing the order the data entered by the customer may be reviewed and corrected. With the placing of the order, the customer makes an offer, the acceptance of which is not binding for Miracle Woman Manufaktur GmbH. Miracle Woman Manufaktur GmbH will confirm the receipt of the offer immediately following the technically proper receipt of the order by e-mail to the customer to the address given by the customer. This e-mail does not constitute the acceptance of the offer.

2.3. Miracle Woman Manufaktur GmbH may expressly accept the offer of the customer by a separate acceptance offer or by shipping the ordered goods to the customer. If the customer selects the online payment service PayPal as payment mode, the contract is entered into between the customer and Miracle Woman Manufaktur GmbH, with the conclusion of payment via PayPal. Subject to statutory withdrawal or cancellation rights, the customer is bound to the order for two business days. Concurrently with the shipment of the goods, the customer will receive an information notice and the invoice. The purchase agreement is concluded upon the acceptance of the offer by Miracle Woman Manufaktur GmbH. The invoice is therefore written concurrently with the shipment of the goods, the customer's credit card is charged or the payment debited to the payment method selected by the customer, as the case may be.

2.4. Orders may only be made by persons who have completed their 18th year of age.

2.5. The personal data required in the order form shall be completed for each order. Any change of the personal data shall be notified to Miracle Woman Manufaktur GmbH without delay. Miracle Woman Manufaktur GmbH reserves the right not to accept orders with obviously incorrect or incomplete data.

3. Storage possibility und and inspection of the contractual text:

3.1. Miracle Woman Manufaktur GmbH holds these General Terms and Conditions and the further contractual provisions with the order information available in the order process. Customers may archive such information by downloading the General Terms and Conditions and saving the data compiled during the order in the internet shop with the browser, or they wait for the automatic order confirmation, which is additionally sent to the customer after completion of the order, to the given address. This order confirmation e-mail contains the contractual provisions including the data of the order and these General Terms and Conditions and may be easily printed or saved in the e-mail program.

3.2. The contractual text is not saved on our server.

3.3. Miracle Woman Manufaktur GmbH offers a direct login protected by a password, where appropriately registered customers can administer their data and retrieve order information. The customer agrees to keep the personal access data confidential and not to make such data available to unauthorized third parties.

4. Prices, shipment costs, and costs agreement:

4.1. The prices listed in the online shop include tax and other price components unless stated otherwise in an individual case but exclude shipment and delivery costs.

4.2. The shipment charges and terms of shipment are listed on the website and are indicated to the customer before the order is placed. 

4.3. Imports to third countries in case of deliveries may be subject to further costs (duties, customs duties, and import sales tax). These additional costs shall be borne by the customer.

5. Terms of Payment:

5.1. The customer has the options for payment methods as stated in the online shop. The customer is required to state the necessary information completely and correctly upon ordering and confirms that he/she is authorized to dispose of the respective credit card or the payment method.

5.2. The invoice amount shall become due and payable immediately following the mailing of the goods to the customer.

5.3. In case of payment default, default interest in the respective statutory amount are agreed on.

6. Delivery:

6.1. Miracle Woman Manufaktur GmbH shall deliver the ordered goods within 10 days following receipt of the order. Any diverging delivery times are pointed out on the respective product page.

6.2. The obligation to delivery shall be canceled if Miracle Woman Manufaktur GmbH itself is not supplied correctly and in due time due to force majeure, and is not responsible for the lack of availability. In case of non-availability of the goods, Miracle Woman Manufaktur GmbH shall notify the customer without delay, and any prepayment shall be refunded without delay.

6.3. The delivery time shall be adequately extended in case of strikes and lockouts affecting the delivery, as well as in case of any other circumstances for which Miracle Woman Manufaktur GmbH is not responsible, in particular in case of delivery delays due to force majeure. The beginning and the end of such impediments shall be notified to the buyer without delay.

6.4. The delivery of the goods shall be effected in discreet packaging to the delivery address stated by the customer in the order form.

7. Retention of Title:

7.1. All goods delivered shall remain the full property of Miracle Woman Manufaktur GmbH until full payment is effected.

 

8. Right to cancel:

8.1. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

8.2.1. To exercise the right to cancel, you must inform us (Miracle Woman Manufaktur GmbH, Neubaugasse 68, 1070 Vienna, Austria; e-mail: customerservice@miracle-woman.com; tel.: +43 (0) 1 / 526 35 44) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax, or e-mail).

You may use the attached model cancellation form, but it is not obligatory.

8.2.2. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

8.3. Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expessly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

8.4. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, charasteristics and functioning of the goods.

 

9. Voluntary Returns:

9.1. Regardless of the customer's statutory withdrawal and cancellation right, respectively, or warranty rights, which are not restricted by this provision and remain in full force, Miracle Woman Manufaktur GmbH grants its customers a voluntary return right by the provisions of this section.

9.2.1. The customer may return goods that do not meet their expectations (i.e., do not fit, or not liked) by return receipt to the returns address stated on the shipment. Excluded from this voluntary return right are used, soiled or damaged goods. A further requirement is that attached tags have not been removed.

9.2.2. The return shipment must be made within 14 days following the delivery of the goods to the customer. The deadline is observed by shipping in due time.

9.2.3. All returned goods shall be shipped in the original packaging including all accessories. Goods not returned or missing components in the return shipment shall be paid for by the customer.

9.2.4. Miracle Woman Manufaktur GmbH will reimburse the customer for payments made (purchase price and delivery costs). Miracle Woman Manufaktur GmbH will not cover the delivery costs of returns.

9.2.5. Further information regarding voluntary returns is set out on the page Right of Withdrawal.

10. Warranty, complaint management, and liability:

10.1. The warranty follows statutory rules.

10.2. Customer satisfaction is very important to us. Customers may contact Miracle Woman Manufaktur GmbH at any time via the contact routes set out above. Miracle Woman Manufaktur GmbH endeavors to review claims as quickly as possible, and will contact the customer following receipt of the documents or the input or complaint. In case of complaints, customers can provide support by describing the object of the problem, and where appropriate, submit copies of order forms or at least state order number, customer number, etc. Should customers receive no reaction from Miracle Woman Manufaktur GmbH within 5 business days, please inquire. In rare cases, e-mails may be retained in spam filters, or a message by other means failed to reach the customer or was inadvertently forborne.

10.3. Miracle Woman Manufaktur GmbH shall only be liable for claims for damages

  • in case of intent or gross negligence on the scale of fault;

  • or if the damage is caused by a breach of essential contractual obligations the fulfillment of which enable the proper performance of the agreement and which the contractual partner may regularly rely on, in particular for unlawful acts, organizational fault, culpa in contrahendo;

  • or any other fault-based claims for breach of obligations.

Any liability under the Austrian Product Liability Act (Produkthaftungsgesetz) shall remain unaffected hereby. The above exclusion of liability in case of slight negligence shall not apply to damages from the violation of life, the body or health, as well as in case of assumption of a guarantee of quality or the malicious non-disclosure of a defect. In these cases, Anexus GmbH shall also be liable for slight negligence. Any manufacturer's guarantee shall also remain unaffected. As far as our liability is governed above, this shall also apply to employees, staff, representatives and vicarious agents of Miracle Woman Manufaktur GmbH.

10.4. Miracle Woman Manufaktur GmbH does not guarantee the permanent availability of the website www.miracle-women.com. For the avoidance of damages caused by computer viruses or other damaging programs, the customer should employ an up-to-date browser software as well as proper protection programs in the respective current version.

11. Data Protection Notice:

11.1 Our data protection policy is governed by statutory law. Details regarding the generation and use of your personal data may be found in our privacy policy.

12. General:

12.1. All contracts concluded via our online shop are exclusively subject to Austrian law under exclusion of the UN Sales Law (as far as possible). This choice of law implies that customers with an ordinary place of residence in an EU Member State or Switzerland are not deprived of the protection granted by compulsive provisions in the law of this state.

12.2. The contractual language is English.

12.3. The text of the contract will not be stored.

12.4. If the customer is an entrepreneur in the interest of the Consumer Protection Act, the exclusive place of jurisdiction is Vienna.

13. Severability Clause:

13.1. Should individual provisions of these General Terms and Conditions be legally invalid in whole or in part, or lose their legal validity at a later point in time, this shall not affect the validity of the remaining terms and conditions. The invalid provisions shall be replaced by the statutory provisions. The same shall apply as far as the General Terms and Conditions show an unforeseen loophole.

14. Online Dispute Resolution:

14.1. Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr/