General Terms and Conditions of Konditorei-Kaffee Zauner GmbH

General Terms and Conditions of Konditorei-Kaffee Zauner GmbH

Konditorei-Kaffee Zauner GmbH
as of June 2024

 

1. validity

The deliveries, services and offers of Konditorei- Kaffee Zauner GmbH (hereinafter referred to as "ZAUNER") are made exclusively on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). ZAUNER does not recognise any terms and conditions of the customer that conflict with or deviate from these GTC, unless it has expressly agreed to their validity. Contract fulfilment actions by ZAUNER do not constitute consent to contractual terms that deviate from these GTC.

 

2. order and conclusion of contract

1. The presentation of the goods in the web shop does not constitute a binding offer from ZAUNER to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.
2. The order is placed in the following steps:
3. Selection of the desired goods, number/quantity
4. Enter your login details as a guest (one-time order) or for registration in the webshop (first name, last name, company (if applicable), street and house number, postal code, city, country, email address, telephone number, VAT ID (if applicable)), after initial registration, only login with email address and password is required
5. Choice of shipping method and payment method
6. Display of pre-contractual information for consumers in accordance with Section 5a KSchG and Section 4 FAGG
7. Checking the information in the shopping cart
8. Confirmation by clicking the button "order with payment"
9. By submitting the order in the web shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these General Terms and Conditions as the sole determining factor for the legal relationship with ZAUNER.
10. ZAUNER confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by ZAUNER. It merely serves to inform the customer that the order has been received by ZAUNER. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.

3. Right of withdrawal of the consumer according to § 11 FAGG

1. The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), can withdraw from a contract concluded outside ZAUNER's business premises or from a distance selling contract - unless a statutory exception applies - within fourteen working days.
2. The withdrawal period is fourteen calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer (customer) or a third party other than the carrier designated by him takes possession of the goods. In the case of a contract for several goods that are ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party other than the carrier designated by him takes possession of the last goods. It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the period.
3. The declaration of withdrawal can be made by sample cancellation form can also be done electronically.
4. The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date has passed (Section 18 Paragraph 1 FAGG).
   The products offered in the webshop are perishable: Sacher hedgehog, Zauner cake truffle, Linzer cake, Ischl chocolate cake, English tea cake, bishop's bread, Amarena cake
   There is therefore no right of withdrawal for these.
5. If the consumer (customer) withdraws from the contract,
   1. ZAUNER shall reimburse the payments made by the consumer (customer), including the delivery costs (with the exception of the additional costs resulting from the fact that the consumer [customer] has chosen a different type of delivery than the cheapest standard delivery offered by ZAUNER) and shall reimburse the necessary and useful expenditure made by the consumer (customer) on the item, and
   2. the consumer (customer) must return the goods received and pay ZAUNER a reasonable fee for the use, including compensation for any associated reduction in the common value of the goods.
   3. The consumer must bear the direct costs of returning the goods.

 

4. Prices, shipping costs

1. The prices are listed on the homepage of the webshop for each individual item. All prices quoted by ZAUNER include VAT, unless otherwise expressly stated.
2. ZAUNER's sales prices do not include shipping costs. Shipping is at the customer's expense. The actual costs incurred for shipping will be invoiced, plus an appropriate overhead surcharge, but at least the freight and haulage charges applicable or usual on the day of delivery for the selected shipping method.
   The shipping costs are displayed to the customer in the shopping cart before placing the order

 

5. payment terms, default interest

1. ZAUNER invoices are due for payment immediately using one of the following payment methods:

• credit cards (Visa, MasterCard, American Express)
• PayPal
• Sofortüberweisung, EPS
• Cash on delivery (+ EUR 5.50 incl. 10% VAT)
• Payment on invoice: possible from the customer's 2nd order after registration

The credit card provided will be charged immediately after the order is submitted. The credit card details will not be stored in any form.

1. If the customer defaults on payment, ZAUNER is entitled, at its discretion, to demand compensation for the actual damage incurred or to demand default interest at the statutory rate. For private customers, this is 4% pa and for businesses: 9.2% pa above the base interest rate.
2. In the event of default in payment by the customer, ZAUNER is entitled to demand compound interest from the day the goods are handed over.

 

6. reminder and collection fees

In the event of late payment, the customer undertakes to reimburse ZAUNER for reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. In the case of business transactions, this includes a flat rate of EUR 40 as compensation for collection costs in accordance with Section 458 of the Austrian Commercial Code (UGB). The assertion of further rights and claims remains unaffected.

 

 

7. Transfer of Risk and Default of Acceptance

The risk of accidental loss and accidental deterioration passes to the customer upon handover to the transport/delivery company commissioned with the delivery.
If the customer has not accepted the goods as agreed (delay in acceptance), ZAUNER is entitled, after setting an unsuccessful grace period, to either store the goods at its own premises, for which ZAUNER can charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store them at the customer's expense and risk with an authorized tradesman. At the same time, ZAUNER is entitled to either insist on performance of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and use the goods for other purposes. If Zauner insists on performance of the contract, the customer must reimburse all costs and damages associated with the delay (this includes any return costs, additional shipping costs and associated overhead costs). If Zauner withdraws from the contract, the customer must reimburse the damages caused by non-performance (see point 12 below).

 

8. delivery conditions

1. ZAUNER is only obliged to perform the service once the customer has fulfilled all of its obligations that are necessary for execution.
2. Unless otherwise stated in the order confirmation, ZAUNER will dispatch the goods within 2 working days after receipt of payment.
   Any delivery dates given are non-binding. Failure to meet the delivery dates only entitles the customer to exercise the right of withdrawal if ZAUNER does not carry out the delivery despite setting a written grace period of at least 2 weeks.
   The delivery period shall be extended by the duration of the hindrance due to all circumstances beyond the control of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, delays in transport and customs clearance, transport damage, labour disputes.
   To the extent that partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate transaction and can be invoiced separately by ZAUNER.

 

9. warranty

Any defects that occur must be reported as soon as possible upon delivery or as soon as they become visible - without the customer, who is a consumer within the meaning of the Consumer Protection Act, incurring any adverse legal consequences if they fail to do so. If the customer is an entrepreneur within the meaning of the Consumer Protection Act, he must check the delivered goods or the service provided immediately upon receipt for completeness, accuracy and other defects and report any defects in writing immediately, but no later than 5 working days (Monday-Friday) after receipt of the goods or service, otherwise he will lose all claims to defects that he is entitled to from a proper inspection.

For any type of delivery, claims arising from defects - regardless of the legal basis on which they are based (in particular warranty, compensation, special right of recourse) - expire within the statutory warranty period of 2 years from delivery or service. For consumers, this period only begins when the defect is apparent in the case of legal defects.
If the item is defective, the customer can choose between repair or exchange. Only if these two services are not available can the customer - in accordance with the legal regulations - request an appropriate price reduction or replacement. If ZAUNER repairs a defect, this will be done free of charge and expenses, whereby ZAUNER can demand that the customer send the goods to ZAUNER - if this is feasible - at ZAUNER's risk and expense. The customer is obliged to give ZAUNER the opportunity to make repairs.

 

10. compensation

All claims for damages are excluded in cases of minor negligence. This does not apply to personal injuries or - in the case of consumer transactions - to damage to items taken in for processing. The injured party must prove the existence of minor or gross negligence, unless it is a consumer transaction. The provisions on damages contained in these General Terms and Conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

 

11. retention of title

All goods are delivered by ZAUNER subject to retention of title and remain its property until full payment has been made. Asserting retention of title only constitutes withdrawal from the contract if this is expressly declared. When goods are taken back, ZAUNER is entitled to charge any transport and handling costs incurred. If third parties access the reserved goods - in particular through seizure - the customer undertakes to point out ZAUNER's right of ownership and to notify them immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in goods purchased from ZAUNER, he may not dispose of the reserved goods, in particular not sell, pledge, give away or lend them, until the outstanding purchase price claim has been paid in full. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

 

12. Right of withdrawal of ZAUNER/unjustified withdrawal of the customer

1. In the event of default in acceptance (point 7) or other important reasons, such as default in payment by the customer, ZAUNER is entitled to withdraw from the contract if it has not yet been fully fulfilled by both parties. In the event of withdrawal, if the customer is at fault, ZAUNER has the choice of demanding a flat-rate compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of default in payment by the customer, ZAUNER is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
2. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, ZAUNER has the choice of insisting on the performance of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay, at ZAUNER's discretion, a lump sum compensation amounting to EUR 15 million of the gross invoice amount or the actual damage incurred.

 

13. Data protection, change of address and copyright

1. The customer gives his consent that the personal data contained in the purchase contract will be stored and processed by ZAUNER using automated means in order to fulfill this contract.
2. The customer is obliged to inform ZAUNER of any changes to his or her residential or business address as long as the contractual transaction has not been fully fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if they are sent to the last address provided.

 

14. right of retention

If the transaction is not a consumer transaction, the customer is not entitled to retain the entire gross invoice amount in the event of a justified complaint - except in cases of reversal - but only a reasonable part of it.

 

15. Place of performance, contract language, choice of law, place of jurisdiction

1. The place of performance is the registered office of ZAUNER.
2. The contract language is German.
3. The contracting parties agree to Austrian domestic jurisdiction. If this is not a consumer transaction, the court with jurisdiction at the registered office of ZAUNER shall have exclusive local jurisdiction to decide all disputes arising from this contract.
4. This contract is governed by Austrian substantive law, excluding the reference rules of international private law (e.g. Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers to the extent that it does not restrict any mandatory legal provisions of the state in which they have their place of residence or habitual abode.

 

16. partial invalidity

Should any provisions of this contract be legally ineffective, invalid and/or void or become so during their term, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or voided) provision with one that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.

 

17. final provisions

1. All declarations of a legally binding nature based on this contract must be made in writing to the last address provided in writing to the other contracting party. If a declaration is sent to the last address provided in writing, it is deemed to have been received by the respective contracting party.
2. The headings chosen for the individual chapters are for convenience only and shall not be used to interpret this Agreement.
3. The assignment of individual rights and obligations arising from these Terms and Conditions is only permitted with the express written consent of the other contracting party.