GENERAL TERMS AND CONDITIONS
Status as of: 29 June 2017
a) These general terms and conditions apply to all orders placed in the online shop of Salzburg Schokolade GmbH, Hauptstraße 14, A-5082 Grödig, at the website www.schokotaler.com.
By ordering, the customer accepts these general terms and conditions as well as the applicable delivery and payment terms which are an integral part of these GTCs and which can be viewed, downloaded and printed at www.shokotaler.com.
b) Amendments or ancillary agreements must be done in writing and confirmed by authorised representatives of Salzburg Schokolade GmbH as entered in the commercial register, and only apply to individual transactions. Other employees of Salzburg Schokolade GmbH are not authorised to make changes or ancillary agreements to these GTCs.
c) The customer's terms of contract and GTCs are expressly and completely excluded.
d) Should any provision in these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provision and the concluded contracts based thereupon. The parties shall agree to a valid provision in place of the invalid one which comes as close as possible to the meaning and purpose thereof.
2. Contract conclusion
a) The presentation of merchandise in the online shop is not a binding proposal for the conclusion of a contract of sale. It is a non-binding invitation to purchase goods in the online shop.
b) After placing goods in the "shopping cart", you have the option to check your complete order and correct it if necessary. Only after clicking on the button "Submit order" are you placing a binding purchase offer.
c) After the purchase offer is received, you will receive an automatically generated e-mail in which we confirm receipt of your order. This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet established by confirmation of receipt of the order.
d) The contract of sale for the goods only comes into effect once we expressly declare acceptance of the purchase offer or when we send you the goods without a prior express declaration of acceptance.
e) The customer acknowledges that the Internet is not a secure means of communication and that data sent over the Internet may become known and may also be modified by third parties. The customer bears the risk that the data will not be received by Salzburg Schokolade GmbH or not in the form sent by the former. Salzburg Schokolade GmbH may assume that the data have been sent by the customer in the form in which they are received.
The prices listed on the product pages include, depending on the purchaser, the statutory value added tax and other price components. Different shipping costs apply to shipments within Austria and the EU, as itemised on our site under the menu item "Shipping costs".
4. Delivery and delivery time
Salzburg Schokolade GmbH will ship the goods to the delivery address specified by the customer when placing the order, at the customer's expense. Upon delivery of the goods to the customer or a third party designated by the latter, the risk of loss or damage/deterioration of the goods is transferred to the customer (only applies to consumers). The shipping method "postal" or "private delivery services" is considered approved. If however the customer concludes his or her own shipping contract, then the risk of loss or damage of the goods is transferred to the customer upon handing over the goods to the shipping company.
b) Details provided by Salzburg Schokolade GmbH regarding delivery dates are non-binding. In any case, failure to meet the delivery dates only entitle the customer to assert the right of revocation/rescission in the event that Salzburg Schokolade GmbH does not perform delivery despite written notice of a deadline extension of at least two weeks.
c) The delivery deadline is extended by the duration of an impediment through circumstances beyond the parties' control, e.g. cases of force majeure, unforeseeable interruptions of operations, governmental interventions, shipping and customs delays, damage in transit, rejection of critical production components and labour conflicts.
d) If partial shipments are possible, they are also legally permitted. Each partial shipment is considered a separate transaction and may be billed separately by Salzburg Schokolade GmbH.
a) Any defects occurring must be communicated in writing via e-mail to firstname.lastname@example.org immediately, at any rate no later than within one week of delivery of the goods or the defects becoming visible, although the omission thereof does not give rise to disadvantageous legal consequences.
In case of damaged shipments, the delivery personnel shall be contacted immediately to verify the damage, no later than 4 days after acceptance of the shipment; if this does not occur, then Salzburg Schokolade GmbH must refuse any compensation arrangement. Reporting of damages is principally the responsibility of the customer. Damage reports within the EU shall be made by the customer him- or herself or also by Salzburg Schokolade GmbH, depending on the national requirements applicable at the place of delivery.
b) If the customer is an entrepreneur as defined by the Austrian Commercial Code (UGB), it must immediately upon delivery check the delivered goods or service provided for completeness, correctness and freedom from other defects and report complaints about any defects immediately, certainly no later than eight working days after receipt of the goods or service and prior to resale or use, via e-mail email@example.com. Failure to do so shall result in the loss of all claims to which the customer would be entitled, including consequential damages (in the event of defects detected by a thorough examination).
c) Warranty claims for defects shall expire within the legal warranty period of 2 years from delivery or service. In case of defects of title, this period shall only commence from the moment the defect is detectable.
d) In the event of defectiveness, the customer can choose between rectification and exchange. Only if these two services are impossible or unfeasible may the customer, in line with the legal regulations, request an appropriate price reduction or nullification of the purchase. The customer is required to give Salzburg Schokolade GmbH the opportunity to rectify the defect. If Salzburg Schokolade GmbH rectifies a defect, this shall be done free of charge, whereby Salzburg Schokolade GmbH can stipulate that the customer return the goods, insofar as this is feasible, at the risk and expense of Salzburg Schokolade GmbH.
e) Only those properties which have been expressly warranted by Salzburg Schokolade GmbH shall be considered warranted properties of the goods. Salzburg Schokolade reserves the right to make product assortment changes; these do not represent defects.
6. Consumers' right of cancellation / rescission
Consumers have a fourteen-day right of cancellation.
a) Right of cancellation
You have the right to cancel this contract within fourteen days without the need to state the reason.
The cancellation period is fourteen days from the day on which you or a third party, other than the carrier, nominated by you take physical possession of the goods.
You can exercise your right of cancellation by directing a clear statement of your decision to cancel the contract to us (Salzburg Schokolade, Hauptstraße 14, 5082 Grödig, firstname.lastname@example.org, telephone: +43 (0) 6246 8911-0) for example by post, fax or email. You can do this by using the attached template cancellation form, however this is not mandatory.
You will have complied with the deadline for cancellations if your notification of the exercise of your right of cancellation is dispatched before the end of the cancellation period.
b) Consequences of rescission
If you cancel this contract, we will return all payments that we have received from you, including delivery costs (excluding additional costs resulting from your choice of a different type of delivery than the most inexpensive standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your cancellation of the contract. We will make the refund using the same payment method that you used for the original transaction, unless anything to the contrary is expressly agreed on with you; you will not be charged any fees for this reimbursement. We may refuse to provide you with a refund until the earlier of our receipt of the returned goods or proof from you that the goods have been sent back.
You must send or personally return the goods to us or DDZ Digitales Druckzentrum GmbH Bayernstrasse 29, 5071 Siezenheim, immediately and, in any case, no later than fourteen days after the day on which you informed us of your cancellation of the contract. You will have complied with the deadline if you dispatch the goods before the end of the fourteen-day period. You will be responsible for covering the direct costs of returning the goods. You will only be required to pay for any diminishment in the value in the goods if this diminishment of value is due to your handling of the goods to an extent exceeding that which is necessary to establish the nature,
characteristics and functioning of the goods.
c) Template cancellation form
(If you would like to rescind the contract, please fill out this form and send it to us.)
– To Salzburg Schokolade, email@example.com
– I/we (*) hereby rescind the contract of sale entered into by me/us (*) for the purchase of the following goods(*)/the provision of the following services(*)
– Ordered on (*)/received on (*)
– Consumer's name
– Consumer's address
– Consumer's signature (if submitting on paper)
(*) cross out non applicable.
d) Exceptions to right of rescission
Consumers do not have a right to rescind contracts for:
- the supply of goods that are made to the consumer’s specifications or are clearly personalised;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
a) Returns will only be accepted if this has been explicitly agreed on with Salzburg Schokolade GmbH in advance, unless the customer is exercising his/her right of rescission under clause 6 of these General Terms and Conditions. This means that you will have to email us written complaint in advance (firstname.lastname@example.org) pursuant to clause 5(a) or (b) of the General Terms and Conditions. The customer shall bear the loss of risk or damage to the goods while returned goods are in transit, unless the customer is exercising his/her right of rescission under clause 6 of these General Terms and Conditions. Salzburg Schokolade GmbH will only bear the costs of returning goods in the event of a guarantee claim under clause 5 of these General Terms and Conditions, but not in the event of a cancellation/rescission under clause 6 of these General Terms and Conditions.
8. Compensation for damages
a) Salzburg Schokolade GmbH assumes no liability for damage to property and assets for any reason whatsoever, in particular due to delay, impossibility of performance, positive breach of obligation, culpa in contrahendo, consequential damages, defects or due to unauthorised actions which are taken as a result of minor negligence by Salzburg Schokolade GmbH or persons for whom Salzburg Schokolade is responsible. In case of contracts with consumers, damage to persons and to items accepted for processing shall be excluded from this exclusion of liability. Customers who are entrepreneurs per the Austrian Commercial Code must prove the existence of gross negligence or premeditation.
b) The liability amount to be paid by Salzburg Schokolade GmbH shall be limited to twice the order amount.
9. Conditions of payment
a) Credit card payment:
We accept the following credit cards: Mastercard, Visa. The amount will be charged to your credit card as soon as the order has been shipped. The credit card data will not be stored in any way.
b) Other methods of payment:
Invoices may also be paid via PayPal or Sofortüberweisung.
10. Retention of title
Items or goods delivered shall remain the sole and exclusive property of Salzburg Schokolade GmbH until full payment of the purchase price including all ancillary costs has been made. Up until that point, they shall only be deemed goods entrusted to the customer which may not be sold, pledged, gifted or loaned. The customer shall not be entitled to dispose of these items or goods without the express prior consent of Salzburg Schokolade GmbH and shall bear the full risk for the goods entrusted to him or her in every respect, in particular with respect to the risk of destruction, loss and deterioration. Salzburg Schokolade GmbH shall be entitled to request the return of any goods in its ownership and to collect them. The customer hereby waives any claim to right of retention.
11. Customised Schokotalers
a) The customer is afforded the option to design customised labels on the website (www.schokotaler.com), and thus these can be customised in line with the customer's specifications.
b) Salzburg Schokolade GmbH assumes no liability for typographical, colour or other errors in the texts and designs entered by the customer, nor for the correctness of their content. In addition, Salzburg Schokolade declines any liability for adherence to legal labelling requirements.
c) The customer warrants that the files or templates provided are legally permissible and do not infringe on third-party rights, and declares that he or she will indemnify and hold Salzburg Schokolade GmbH completely harmless.
d) A right of revocation/withdrawal for such customised goods is excluded under § 18 FAGG [Distance Sales Act] (see also Item 5.).
12. Copyright and industrial property rights, confidentiality.
a) The use of texts, images, photos, layouts and other presentations of the website www.schokotaler.com as well as excerpts thereof requires the express prior written consent of Salzburg Schokolade GmbH. Any use, in particular reproduction, duplication, publication and provision, including copying even excerpts, requires the express prior written consent of Salzburg Schokolade GmbH.
b) All rights are completely reserved by Salzburg Schokolade GmbH.
b) Contract partners of Salzburg Schokolade GmbH undertake to keep confidential any knowledge to which they become privy as a result of the business relationship.
a) Deliveries and declarations of intent shall occur and be legally binding at the address entered in the order until written communication of another address. The customer undertakes upon contract conclusion to completely and correctly fill out the relevant details in the form. In case of incorrect, incomplete and unclear details provided by the customer, the latter shall be liable vis-à-vis Salzburg Schokolade GmbH for any resultant costs and damages. If the customer fails to notify Salzburg Schokolade GmbH immediately of any changes in name, address or place of residence, he or she shall be liable for any damages arising due to non-timely notification. In case of omission, any written notice sent to the last entered address of the customer shall be considered to fulfil the requirements for valid delivery.
b) Transfer to third parties of the rights from the contract concluded with Salzburg Schokolade GmbH shall require the written approval of Salzburg Schokolade GmbH.
14. Applicable law, place of performance, jurisdiction
a) The legal relationships between Salzburg Schokolade GmbH and its customers shall be governed exclusively by Austrian Law, with the exclusion of reference norms and the UN Convention on the Sale of Goods.
b) The place of payment and performance for all obligations arising from this contract is Grödig.
c) If the transaction is not a consumer transaction, the appropriate competent court in Salzburg shall be considered as agreed upon as having jurisdiction for all directly and indirectly resulting disputes arising from the contract with Salzburg Schokolade GmbH.
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