I. General Provisions
1. Service Provider Information
Description | Details |
Webshop Name | Momó Stúdió |
Website Address | |
Service Provider (Entrepreneur) | Koleszár Lászlóné Sole Proprietor |
Registered Office | Linzer Straße 17. 4100 Ottensheim |
Contact Information | E-mail: info@momostudio.hu |
Applicable Law | Austrian law applies, particularly the Federal Act on Distance and Off-Premises Contracts (Fern- und Auswärtsgeschäfte-Gesetz – FAGG), the E-Commerce Act (ECG), and the Consumer Protection Act (Konsumentenschutzgesetz – KSchG). |
Complaint Handling | Complaints can be submitted via email to the above email address: info@momostudio.hu. |
2. Scope and Acceptance of the GTC
These GTC cover the purchase and use of the digital products and services sold in the Momó Stúdió webshop (hereinafter: Webshop). By placing an order or using the Service, the Buyer acknowledges that they have read, understood, and accepted the provisions of these GTC, the Privacy Policy, and the Imprint.
II. Range of Products and Services
3. Digital Products (E-books, Downloadable Coloring Pages)
Digital products are content not fixed on a material carrier. They become available for download or are sent to the provided email address after the purchase and payment are credited. The products are available in Hungarian, English, and German.
4. Digital Services (Book Creation, Advertising Material Design, etc.)
The Services are individual, project-based works that are performed after the order, acceptance of the quote, and the conclusion of a separate contract for services.
III. Contract Conclusion, Prices, and Payment
5. Order Process and Formation of the Contract
- The Buyer places the selected product/service in the cart, fills out the order form, and accepts the GTC.
- The order is placed by clicking the „Order with obligation to pay” button (e.g., „Checkout”, „Order Now”).
- The contract is formed with the automatic confirmation email (declaration of contract) sent by the Service Provider upon receipt of the Buyer’s order.
6. Prices
Prices are understood in Euro (EUR) and include the mandatory Austrian Value Added Tax (VAT), if applicable based on the Buyer’s tax location. Prices are valid at the time of placing the order.
7. Payment Terms
Accepted payment methods: [For example: Credit Card, PayPal, Bank Transfer]. Digital products become accessible only after successful completion and crediting of the payment.
IV. Delivery and Performance
8. Performance for Digital Products
Digital products are made available in the form of a download link sent to the email address provided by the Buyer, immediately or within 48 hours after receipt of payment. The Service Provider is responsible for ensuring the defect-free download of the product but is not liable for errors arising from the incompatibility of the Customer’s technical equipment (software/hardware).
9. Performance for Services
The deadlines for the performance of Services are set forth by the parties in the individual agreement/quote.
V. Right of Withdrawal/Cancellation (FAGG – Distance Selling Act)
10. Right of Withdrawal for Digital Content
As a general rule, the Buyer has a 14-day right of withdrawal when purchasing digital content (e-book, coloring page). HOWEVER, according to Austrian and EU law, this right is LOST if:
- The Service Provider begins the service of the digital content with immediate performance (download), AND
- The Buyer has expressly consented to this, AND
- The Buyer, simultaneously with their consent, acknowledged that they lose their right of withdrawal with the commencement of performance.
The Buyer expressly consents to the conditions described in this clause when placing the order.
11. Right of Withdrawal/Cancellation for Services
- The Buyer has a 14-day right of withdrawal for contracts regarding Services (e.g., book creation, design) starting from the date of the contract conclusion.
- If the Buyer requests the Service Provider to begin the performance of the service before the withdrawal period expires, and the Service Provider complies (e.g., design work begins), the Buyer is obliged to pay a fee for the proportionate work already performed in case of withdrawal.
VI. Intellectual Property Rights and Terms of Use
12. Copyrights
All digital products (e-books, coloring pages) sold in the Momó Stúdió webshop and all materials created within the framework of the services (design materials, e-books) are the intellectual property of Koleszár Lászlóné Sole Proprietor and are protected by copyright laws. The image of Momó Manó, which the user associates with the Service Provider, is also the Service Provider’s intellectual property.
13. License
- Digital Products (E-books, Coloring Pages): By purchasing the digital product, the Buyer acquires a non-exclusive, personal right of use. The resale, reproduction, public distribution, or making the products (or parts thereof) accessible to third parties in any form is prohibited, unless the Service Provider has given separate written permission for this.
- Services (Design, E-book Creation): The usage rights for the works created within the framework of the Service are stipulated by the parties in a separate contract. All rights remain the property of the Service Provider until the final product is completed.
VII. Data Protection and Dispute Resolution
14. Data Processing
The rules of data processing are contained in the Privacy Policy separately published in the Webshop, which the Buyer refers to and accepts upon contract conclusion.
15. Dispute Resolution and Jurisdiction
- Austrian law is applicable to the contractual relationship. The parties exclude the application of the UN Convention on Contracts for the International Sale of Goods (CISG).
- The Austrian courts have jurisdiction over the resolution of any potential legal disputes between the Buyer (Consumer) and the Service Provider.
- Consumers habitually resident in the EU may also file a complaint via the Online Dispute Resolution platform (ODR platform).