Terms of Service of the online shop Wiener Schoko Mädl

(valid from October 1st, 2020)

 

Wiener Schoko Mädl (= “seller”)

Mag. Ursula Vilis E.U.

Wollzeile 34

1010 Vienna

Austria

 

UID ATU 564 39 955

Tel: +43 676 673 3471

Email: office@wienerschokomaedl.at

 

 

Preamble:

All personal formulations are gender neutral and do not exclude anyone.

 

  1. Scope

These general terms and conditions (GTC) form the basis of all contracts between you (= “buyer”) and seller through an order via the online shop of the domains www.wienerschokomaedl.at or www.sightsandsweets.com or www.vienna-chocolate-shop.com or www .wienerschokomädl.at or www.vienna-sweets.com. These terms and conditions therefore apply to all deliveries and services carried out by the seller on the basis of such orders.

 

By placing an order via the onlineshop, the customer accepts the current version of the GTC and agrees to them. The seller is entitled to change the terms and conditions at any time. The terms and conditions current at the time of the order apply to the buyer’s order.

 

The terms and conditions apply to consumers. Interested companies who want to order large quantities are asked to contact the company directly. The terms and conditions apply exclusively, i.e. deviating or contradicting terms and conditions are not accepted by the seller.

 

  1. Offers and conclusion of contract

The contract and business language is German. However, communication with the buyer can also be done in English.

 

The seller’s range shown in the online shop is subject to change and non-binding with regard to the availability of the goods. Offers are also non-binding and apply while stocks last. There is no entitlement to the continuation of special offers or the offer of seasonal goods.

 

Illustrations are only symbolic photos and do not always correspond to the currently available production specifications. For technical reasons, they can differ from the physical product. If a product is currently not available, the seller can replace it with an equivalent one.

 

All goods are sold in household quantities, subject to delivery options. The seller reserves the right to allocate smaller quantities to the buyer if a product is oversubscribed. The invoice will be corrected accordingly.

 

The products in the online shop are not yet an offer from the seller. Only when an electronic order is placed (via the online shop) the buyer makes a binding offer to the seller. The seller is not obliged to accept this.

 

Immediately after receiving your order, which represents a binding contract offer, the buyer receives an automated order confirmation electronically. This simply means that the seller has received the order. This order confirmation does not yet constitute acceptance of your order by the seller and a binding contract is not yet concluded. A contract is only concluded when the seller accepts your order. The seller has up to 7 days to accept the order and prepare the goods for dispatch, but will expressly do so as soon as possible.

 

The order is usually accepted by the delivery notification by email or when the goods are handed over by collection. Orders are only accepted if the specified delivery address is in the delivery area.

 

The contract data will be sent to you with the delivery notification when the contract is concluded, but no later than with the delivery (contract confirmation) and saved by the seller.

 

Please note that alcoholic beverages can only be served to people over the age of 18.

 

3.Prices

The prices offered are in euros including the statutory sales tax and include all statutory duties. The stated prices do not include any transport costs (delivery charges); these are visible in the shopping cart before the contract is concluded and then in a contract confirmation sent to the buyer. The list prices of the day on which the order is received by the seller apply. These will be shown to you during the ordering process.

 

The conditions of the respective voucher apply to vouchers. In addition, promotional vouchers can only be redeemed once per customer / household / delivery address and reduce the sales price of the corresponding items in accordance with the promotion conditions.

 

In order to be exempt from delivery charges, a minimum order value of € 50 applies for delivery within Austria. There is no exemption from delivery charges for deliveries abroad.

 

4.Payment terms

Payment can be made by credit card (Visa, Mastercard), PayPal, Discover, AmericanExpress and Klarna.

 

 The seller retains ownership of the goods until the purchase price has been received in full and the seller has confirmed the acceptance.

Credit card

In the course of the order process, the customer provides the following data: cardholder, card number, credit card company, validity date and CVV code. The data is transmitted via SSL encryption with at least a 128-bit key and is therefore not visible to unauthorized persons. After successful payment, you will be redirected to the online shop on the confirmation page. The payment processing of the credit cards takes place via the payment platform Stripe. See the terms of use and data protection provisions of the respective official website: https://stripe.com/at.

 

PayPal

If you pay by PayPal during the ordering process, the charge will be made on the same day. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Ro-yal, L-2449 Luxembourg, subject to the PayPal Terms of Use and PayPal Privacy Policy. This payment method requires an existing PayPal account. The data required for payment processing, namely your email address, country, your address (street, zip code, city) and your telephone number are transmitted to PayPal by the seller. For the purpose of its own credit check, PayPal transmits your personal data to credit reporting agencies (credit agencies) and receives from this information and, if applicable, creditworthiness information on the basis of mathematical-statistical methods (probability or score values).

 

Payment with Click & Collect

If you agree to collect your items from our branch: Wollzeile 34, 1010 Vienna, payment is due at the end of the ordering process in the online shop. When the seller sends the confirmation of acceptance, the collection period will be announced.

 

  1. delivery terms

The following delivery terms represent non-binding target values ​​from which the customer cannot derive any claims.

 

delivery

The customer is informed of the dispatch of the goods by sending the delivery notification (confirmation of acceptance by the seller). The delivery is carried out by the seller’s logistics partner.

 

The customer must ensure that the goods can be handed over at the agreed delivery location. Should the ordered products be damaged or even damaged due to the delay in handover caused by the customer, there is no guarantee or liability of the seller. This generally applies to impairment of the goods for reasons which are not in the seller’s control.

 

Click and collect

The ordered goods are ready for collection in our branch: Wollzeile 34, A-1010 Vienna after we have sent the confirmation of acceptance = delivery notification for 7 days during the opening hours of the branch.

If the goods are not picked up within this time, the buyer agrees that the goods will be donated to a charity organization. Payments already made will not be refunded to the customer.

 

Replacement item

If, in exceptional cases, the ordered goods are no longer available, a product of better quality will be delivered. There are no additional costs for the buyer. If no replacement item of the same or higher value is available, this will be noted on the invoice. The refund is based on the means of payment used.

 

Obvious defects are to be documented immediately upon acceptance of the goods by the customer with a photo of the broken goods and a written description of the defect and sent to office@wienerschokomaedl.at.

 

Hidden defects are to be reported to the seller immediately upon discovery using the same method.

 

The rectification of defects by the seller is based on the Austrian Consumer Protection Act.

 

Any consequential damage (monetary and non-monetary) caused by improper delivery (due to the occasion of the gift has already passed) will not be compensated by the seller.

 

  1. Delivery fee

 

Delivery within Austria is free for orders of € 50 or more.

 

If the shipping method is self-collection by the customer = Click & Collect in the branch: Wollzeile 34, A-1010 Vienna, there are also no delivery costs.

 

Otherwise, the costs for delivery are displayed in the course of the ordering process.

 

  1. Destination country outside Austria

If the buyer is outside of Austria, the following import and customs regulations or export regulations apply: When ordering, the import and customs regulations of the respective country must be observed by the buyer.

 

The buyer bears the risk for all consequences resulting from inadmissible dispatch of goods abroad, non-observance of the import and customs regulations of foreign countries (including the transit regulations), from the wrong or inadequate copy of the customs declaration, the green customs label or other accompanying documents as well as from non-compliance with the applicable export regulations.

 

This also applies to damage suffered by the sender due to the loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is the responsibility of the buyer to obtain information from the recipients of the consignments, the diplomatic missions in the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.

 

  1. Consequences of a delay in delivery

If delivery or compliance with an agreed delivery time by the seller becomes impossible, the seller will inform the buyer immediately. Claims for damages are excluded in this case. In the event that the seller cannot deliver on time, the customer has the right to withdraw from the contract by setting a reasonable grace period.

 

  1. Right of withdrawal = revocation

General

You have the right to withdraw from concluded sales contracts within fourteen calendar days, counting from the day on which the goods were handed over to you or picked up by you, without giving reasons.

 

However, there is no right of withdrawal for:

  – Goods that can spoil quickly or whose use-by date would be exceeded quickly (e.g. fresh pralines, chocolate products in summer, seasonal goods);

 – Goods that are manufactured according to customer specifications or clearly tailored to personal needs (e.g. special fillings for the online shop, weight articles, specially made adjustment articles);

 – Goods that are delivered sealed and / or closed and are not suitable for return for reasons of health protection, for reasons of hygiene or in accordance with the Austrian Food Ordinance (e.g. opened food packaging);

– For goods which, due to their nature, have been inseparably mixed with other goods (e.g. fruit gum mix, praline mix, Christmas mix etc.)

 

In order to exercise your right of cancellation, you must inform the seller of your decision to cancel the contract by means of a clear declaration (e.g. a letter sent by post or email).

 

To meet the withdrawal deadline, it is sufficient for you to send the declaration of withdrawal before the 14-day withdrawal period has expired.

 

Please send your declaration of withdrawal by post to:

Wiener Schoko Mädl

Mag. Ursula Vilis

Wollzeile 34

A-1010 Vienna

by email to: office@wienerschokomaedl.at

 

  1. Consequences of withdrawal or revocation

Rights and obligations of the seller

If the buyer cancels the contract with the seller, the seller pays all payments received from the buyer, including delivery costs (except for the additional costs that result from using a different type of delivery than that offered by us, we have chosen the cheapest standard delivery), immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract was received by the seller.

 

For the repayment, the seller uses the same means of payment that was used in the original transaction; in no case will the buyer be charged fees for this repayment. The seller can refuse the repayment until he has received the goods back in perfect condition.

 

The seller is entitled to offset against the services to be provided by the buyer (compensation for the reduction in the fair value, additional payments as a result of falling below the minimum order value for vouchers).

 

Rights and obligations of the buyer

The buyer has to send back or hand over the goods immediately and in any case no later than 14 days from the day on which the seller is informed. The deadline is met if the goods are dispatched before the period of 14 days has expired.

 

The following options are available to the buyer for returning the goods:

   – With Click & Collect, the returned goods can be returned free of charge in the branch Wollzeile 34, A-1010 Vienna during opening hours.

 

 – The returned goods can also be returned by post to our address Wiener Schoko Mädl, Wollzeile 34, A-1010 Vienna. The costs of the return are to be borne by the customer. The specific amount of the return costs depends on the size and weight of the returned goods.

 

If you have any questions, please contact us at our email address: office@wienerschokomaedl.at

 

  1. Guarantee

The statutory warranty provisions (Austria) apply to an item available in this online shop. The goods are dispatched in proper condition with a shelf life of at least one month after dispatch. In the case of perishable goods, especially if a defect is only asserted after the best-before date has been reached, it is not assumed that this defect was already present at the time of delivery.

 

If it turns out after the return that the defect was justified, the goods will be exchanged and sent to the buyer free of charge or the value of the goods will be credited to the buyer.

 

There is no claim under the title of warranty or damage compensation in the event of defects caused by the customer, for example, through improper handling or storage. We would like to point out that confectionery must be stored in cool and dry conditions, 16-18 degrees Celsius.

 

  1. Compensation and Liability

There is no liability for the constant availability of this website and the goods offered on it.

 

Austrian law applies. The provisions of the UN sales law expressly do not apply.

 

The seller’s liability for breaches of contractual obligations as well as liability from tort is limited to intent and gross negligence. Liability on the part of the seller for slight negligence is excluded in any case, provided the liability is not based on injury to life, body or health.

 

In particular, the seller is not liable for any misuse of data such as the buyer’s email address and / or customer account if this is used by unauthorized persons. Such abuse is at the expense of the buyer.

 

Transport damage evident upon delivery must be reported to the transport company immediately.

 

When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods have been delivered to the consumer or to a third party appointed by the latter other than the carrier. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier as soon as the goods are handed over.

 

The seller offers the goods advertised in the online shop with great care. It is pointed out that the seller is a dealer and not a producer and therefore cannot assume any product liability. The seller tries to announce the composition and all important ingredients of the product by means of pictures and descriptions before concluding the purchase. However, the seller assumes no liability for damage to health that may arise for the buyer. (e.g. tooth loss through biting into nut chocolate, diabetes through overconsumption of confectionery, poor labeling, etc.)

 

  1. data protection

Information on data processing by the seller and on the buyer’s rights can be found in the data protection declaration.

 

  1. Arbitration Board

We ask you, dear buyer, to contact us if you have any problems and we will try to do everything we can to eliminate them. If we cannot reach an agreement, we undertake to participate in the arbitration procedure of the Internet Ombudsman (the buyer has to be consumer).

 

www.ombudsmann.at

Internet Ombudsman, Margaretenstrasse 70/2/10, A-1050 Vienna

 

  1. Miscellaneous

A court in Vienna is agreed to be responsible for all disputes.

 

Austrian law applies to the exclusion of the UN Sales Convention and the reference norms of Austrian international private law.

 

The ineffectiveness of a single provision of these terms and conditions does not mean that the entire terms and conditions are invalid. The remaining provisions remain in effect.

 

16.Data processing

The customer agrees that personal data will be processed for future “visits” in the online shop and for the personalization of online shop offers.

 

  1. Use of cookies

We would like to point out that for the purpose of a simpler shopping process and for subsequent contract processing, the online shop operator stores the user’s IP data as part of cookies, as well as the buyer’s name, address and credit card number. There is no data transfer to third parties, with the exception of the transfer of payment data for the purpose of debiting the purchase price. The data processing takes place on the basis of the legal regulation of §96 Abs. 3 TKG as well as §8 Abs. 3 Z 4 DSG. We use Google Analytics for this website, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies” which are stored on the user’s computer and thus enable an analysis of the use of the website. The information generated in this way about the use of the website (including the IP address) is transmitted to a Google server in the USA and stored there. Google uses this information to evaluate the use of the website, to compile reports on website activity for the website operator and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google combine the user’s IP address with other Google data. The use of cookies can be prevented by a corresponding setting in the browser software. In this case, however, it is possible that not all functions of the website can be used properly. By using this website, you declare that you agree to the processing of the data collected about you by Google in the manner described above and for the purpose stated above.

 

18.Declaration of consent for receiving promotional emails

The customer agrees to receive news from our company about our products, current offers and other company-related information by means of advertising emails, in particular newsletters.

The customer can revoke his consent to receiving such e-mails at any time as follows: Return the e-mail to the sender address with the note “Please no further advertising e-mails”.

 

  1. Copyrights & Trademarks

All contents of our online shop such as text, graphics, logos, buttons, icons, images, videos, audios, downloads, etc. are the property of the seller and are subject to the provisions of Austrian and international copyright and trademark law. This data may not be used in any form without our written consent.