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Online Shop

Orders and Registrations

When you place orders or register for courses through our WooCommerce shop, we collect the following personal data:

• Name
• Address
• Email address
• Phone number
• Payment information

These data are used for processing your orders and registrations, as well as for contacting you regarding your order or registration.

Online Payments

For processing online payments, we use secure payment methods. Your payment information is used solely for payment processing and is not stored.

Data Sharing

Your personal data will only be shared with third parties when necessary for contract fulfillment, such as with shipping companies for delivering products or payment service providers for processing payments.

Data Security

We implement technical and organizational security measures to protect your personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

Your Rights

You have the right to access the personal data we store about you at any time. Additionally, you have the right to request correction, deletion, restriction of processing, as well as the right to data portability and objection.

Contact

If you have any questions regarding the collection, processing, or use of your personal data, or if you require information, corrections, blocking, or deletion of data, or wish to withdraw any consent you have given, please contact:

Zala Pušnik
Kumpfgasse 10
9020 Klagenfurt – 2nd floor, right
+43 650 740 32 10
info@zala-wonders.com

Changes to the Privacy Policy

We reserve the right to update this privacy policy to always comply with the latest legal requirements or to implement changes to our services in the privacy policy, e.g., when introducing new services. The updated privacy policy will apply to your next visit.

Independent Midwife Mag.a Zala Pušnik

General / Scope

These general terms and conditions (GTC) form the basis of all legal relationships between Mag.a Zala Pušnik (hereinafter referred to as the “independent midwife”) and the pregnant woman/mother (hereinafter referred to as the “client”) for services provided by the independent midwife, who is based in 9020 Klagenfurt (registered in the Austrian Midwives Register under number 1881).
These GTC also apply to all future orders, even if they are not explicitly referred to in additional orders. Unless otherwise agreed, these GTC apply in the version valid at the time of the order or, in any case, in the version most recently communicated to the client.
In individual cases, individual written agreements with the midwife take precedence over these GTC.

Scope, Acceptance, and Conclusion of the Treatment Contract

The treatment contract is the agreement between the midwife and the client based on these GTC and the current midwifery rates published by the Austrian Midwives Council at www.hebammen.at. Unless otherwise agreed, the midwifery rates valid at the time of the contract or, in any case, most recently communicated to the client, apply.
The treatment contract comes into effect when the midwife and client agree in writing on the services to be provided by the midwife based on the service catalog (Section 3) and the midwifery rates following the initial (paid) consultation, or when the client implicitly accepts the services offered by the midwife based on the service catalog (Section 3) and the midwifery rates.
Right to Decline: The midwife reserves the right to reject a client’s offer to conclude a treatment contract without giving reasons. This applies in particular if the necessary relationship of trust with the client cannot be expected.

Contract Subject Matter

The scope of services covered by the treatment contract is defined by the service catalog agreed between the midwife and the client. The midwife is generally not bound to a specific location when providing services, but the services are usually performed at the client’s residence. In case of doubt, the midwife’s place of business is the place of performance.
The following services are offered by the midwife:

• Pregnancy care – home birth – postpartum care after home birth
• Pregnancy care – labor support – postpartum care after outpatient birth
• Pregnancy care – labor support – postpartum care after hospital discharge
• Pregnancy care – postpartum care after outpatient birth
• Pregnancy care – postpartum care after hospital discharge
• Postpartum care after hospital discharge
• Pregnancy care

Appointment Scheduling

The appointments for the services provided by the midwife are agreed upon individually with the client in advance. Appointments must be kept. If an appointment cannot be kept for an important reason, the client must inform the midwife personally or by telephone at least 24 hours before the agreed appointment.
If the appointment is not canceled within the above-mentioned period or is missed without notice, the client is obliged to pay the midwife a lump sum compensation of €50.00 per missed treatment hour. The lump sum compensation of €50.00 is payable immediately, but no later than upon invoicing by the midwife. These costs are not reimbursed by health insurance.

Authorization to Delegate

The midwife generally provides the services herself. However, she may delegate individual tasks to a suitable person. The midwife may pass on tasks or parts of tasks to another person in the event of incapacity. The midwife’s representative is subject to the same obligations as those to which the midwife is bound under this agreement (treatment contract). In particular, the representative is subject to confidentiality and secrecy obligations. In the event of the midwife’s incapacity to provide the agreed services, the midwife will make every effort to ensure professional care for the client, including a referral to a clinic as part of professional care.
In case of illness or long-term absence, the midwife must notify the client as soon as possible or, in the case of planned absence, no later than four weeks before the event.

Costs of Services / Midwifery Fees

The services provided by the midwife are charged based on the midwifery fees valid at the time of the contract (published at www.hebammen.at).
The midwife’s fee entitlement arises with the provision of the individual service and is due for payment upon completion of the service, but not before invoicing by the midwife.
If the service is not performed for reasons not attributable to the midwife, the midwife is entitled to compensation under Section 6.1. The midwife’s fees will be communicated to the client by providing a price list during the first paid consultation.
Unless services are billed individually, a total invoice will be issued after the completion of the last part of the service. The on-call service fee is due upon receipt of the invoice in the 37th week of pregnancy.

Reimbursement by Health Insurance

Regarding the costs invoiced by the midwife, the client can apply for reimbursement from their health insurance provider. In general, the midwife’s costs are reimbursed up to 80% of the valid health insurance tariff. The midwife has no obligation to assist the client in this reimbursement process. No legal claims against the midwife can arise from the rejection of reimbursement by the health insurance provider.
The current tariffs of the Austrian regional health insurance funds and the current reimbursement regulations can be found at http://www.hebammen.at/elternkosten/.

Default on Payment

In the event of default on payment, the client owes default interest at the statutory rate of 4%.
The midwife is entitled to charge a reminder fee of €10.00 for each reminder.

Client’s Duty to Cooperate

The client is obliged under § 4(3) of the Midwives Act to provide truthful information to the midwife regarding circumstances that are necessary for the proper safeguarding of the client’s, the unborn child’s, and the newborn’s health and well-being. The midwife must be informed of all relevant information, particularly health complaints and impairments.
The client must provide all necessary information during the initial medical history intake and continue to fulfill this obligation during subsequent consultations, particularly when new health complaints or impairments arise.
The client is also obliged to promptly inform the midwife of any changes to personal data or residence.
In the event of the midwife’s incapacity (see Section 5), the client must cooperate in arranging for professional alternative care. If the client cannot reach the midwife, they are obliged to contact a hospital.

Premature Termination of Contract

Both parties are entitled to withdraw from the treatment contract at any time with immediate effect through a written declaration (email is sufficient). The midwife is entitled to terminate the contractual relationship unilaterally at any time and without providing reasons. In such cases, the midwife is not obliged to assist the client in finding alternative midwifery care.
The midwife may terminate the contract with immediate effect and without providing reasons if the client violates the contractual obligations, negates the advice provided, provides incomplete or inaccurate information, or obstructs treatment measures. The midwife’s entitlement to fees for services provided up to the termination of the contract remains unaffected.

Data Protection

The midwife is obligated to confidentiality under § 7 of the Midwives Act and treats the client’s health and personal data confidentially. The client’s data will be processed and stored in accordance with statutory data protection provisions. The midwife’s privacy policy is available at https://www.zala-hebamme.at/en/imprint.

Final provisions:

The performance of the contract and any claims arising from it shall be governed exclusively by Austrian law, in particular the provisions of the Midwifery Act and the General Civil Code as amended, excluding the conflict of law rules of private international law. In the event that individual provisions of these GTC are and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of these GTC. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision. The place of jurisdiction is the competent court in Klagenfurt. The place of performance is the registered office of the Wahlhebamme.

Zala Pušnik is a freelance midwife based in 9020 Klagenfurt am Wörthersee and is registered under number 1881 in the midwives’ register of the Austrian Midwives’ Association. These General Terms and Conditions (GTC) regulate the treatment contract between Zala Pušnik (hereinafter referred to as the “chosen midwife”) and the pregnant woman/mother (hereinafter referred to as the “client”) in the form of a freelance service contract.

Contract Conclusion:

The treatment contract between the chosen midwife and the client is established after a paid initial consultation and the signing of the treatment contract and the agreed-upon service catalog. The chosen midwife has the right to refuse a treatment contract without providing reasons, especially if a necessary trust relationship with the client cannot be expected.

Subject of the Contract:

The exact content of the treatment contract arises from the service catalog agreed between the chosen midwife and the client. The chosen midwife is generally not bound to a specific location when providing services, although in most cases, services are provided at the client’s residence.
Client’s Duty to Cooperate:
The client is obligated to provide the chosen midwife with truthful information about circumstances that are, from the midwife’s perspective, necessary for the proper safeguarding of the client’s health and well-being, as well as that of the newborns and infants. The chosen midwife must be informed of all essential information, especially regarding health issues and impairments. The client is required to provide all necessary information during the initial consultation and to continue to provide such information during follow-up consultations. The client must promptly notify the chosen midwife of any changes to personal data or residence. The chosen midwife is bound by confidentiality according to § 7 of the Midwives Act (HebG) concerning entrusted and disclosed facts and secrets. If the chosen midwife is unavailable, the client must cooperate in arranging professional care. If the client cannot reach the chosen midwife, they are obliged to contact the midwife’s designated replacement. The chosen midwife may withdraw from the treatment contract if the client breaches their duty to cooperate.

Appointments:

Appointments are individually agreed upon with the client, and scheduled appointments must be kept. If an appointment cannot be kept for an important reason, the chosen midwife must be informed personally or by phone at least 24 hours in advance. If the appointment is not canceled within the specified time or if it is missed without an excuse, the client must pay the chosen midwife a flat-rate compensation of €50.00 per missed treatment hour. These costs are not reimbursed by health insurance.

Representation Authority:

The chosen midwife primarily provides services personally but may also be represented by a suitable person. The representative is subject to the same obligations to which the chosen midwife is bound under this agreement, including confidentiality and non-disclosure obligations. In case of the chosen midwife’s unavailability for providing agreed services, the midwife will make efforts to ensure professional care for the client, which may include referral to a clinic.

Service Unavailability:

In the event of illness or long-term absence, the chosen midwife must inform the client of the service unavailability immediately after it becomes known, or in the case of planned absence, at least four weeks before the event.
Costs of Care, Advice, and Treatment:
The services provided by the chosen midwife are agreed upon separately and invoiced, with the midwife’s fee due upon the provision of the agreed service. If the service is not rendered through no fault of the chosen midwife, although she was prepared to provide it, the midwife is entitled to compensation as outlined in section 5.3. The midwife’s fees are disclosed to the client through the delivery of a price list. These amounts are stated as net amounts.

Payment Terms:

Payment terms are individually agreed upon. Without a specific agreement, a final invoice is issued after the completion of services. The on-call fee is payable in the 37th week of pregnancy upon receipt of the invoice.

Default on Payment:

In the event of default on payment, the client owes default interest at the statutory rate, currently 4%.
The midwife is entitled to charge a reminder fee of €10.00 for each reminder.

Contract Termination:

Both parties to the contract are entitled to withdraw from this treatment contract at any time and with immediate effect by written declaration, without providing reasons. The midwife may unilaterally terminate the contractual relationship with the client without giving reasons, provided that the necessary duties of care and protection are observed. However, the midwife is not obliged to assist the client in finding alternative midwifery support. The midwife is entitled to discontinue treatment if, in particular, the client negates the content of the advice, provides incomplete or inaccurate information regarding their medical history and diagnosis, or obstructs therapeutic measures.
In any case, the midwife’s right to payment for the care, advice, and treatment provided up to the point of contract termination remains intact.

Contract Amendments:

Contract amendments must be made in writing.

Jurisdiction:

For any disputes arising from this treatment contract, the exclusive jurisdiction of the competent court in Klagenfurt is agreed upon.

Final Provision:

Should any provision of this contract be or become invalid, the validity of the remaining contractual provisions shall not be affected. However, the parties undertake to immediately agree on a provision that comes closest to the economic purpose of the invalid provision, reflecting what the parties would have intended had they considered the invalidity of the provision.
The mutual rights and obligations of the parties arise from this contract.
In case of contradictions in the contract, the following legal sources apply in the following order:
a) Provisions of the Midwives Act (HebG);
b) Provisions of the General Civil Code (ABGB).