Legal Notice:
Company Naschsalon e.U.
Owner Astrid Karpf
registered sole proprietorship
UID no. ATU67361669
FN: 383703
FB Court: Vienna
Headquarters: A-1090 Vienna, Liechtensteinstraße 38a
Production:
Naschsalon e.U.
Astrid Karpf
Liechtensteinstraße 38a
A-1090 Vienna
Imprint and disclaimer: All contents of this website are protected by copyright and thus intellectual property of Naschsalon e.U. The media owner is responsible for the contents. These may not be copied, changed or reused without written consent. Despite careful examination no guarantee for the completeness, correctness and topicality of the contents can be taken over. Notice according to E-Commerce Law: Naschsalon e.U. Astrid Karpf assumes no liability for the content of external links. © Naschsalon e.U. Astrid Karpf, November 2018.
Brand design, text, photos and web design:
Karma + Pitch OG
Website programming:
Simon Doppler
General Terms Naschsalon e.U. ( 08/2019)
1. General
1.1 The company Naschsalon e.U. Astrid Karpf with the business address
Liechtensteinstraße 38a 1090 Vienna presents on the website “naschsalon.at” an onlineshop for the sale of various food and beverages (including alcoholic beverages), these are not an offer in the legal sense. The contractual partner for the customer is Naschsalon e.U
1.2 The following General Terms and Conditions apply to the business relationship between Naschsalone e.U and the customer, provided that this consumer is within the meaning of § 1 KSchG. The provisions of 1.10 apply to legal transactions for entrepreneurs.
1.3 For questions, inquiries, feedback or other concerns, as well as inquiries from B2B you can contact directly the following mail: shop@naschsalon.at
2. Scope of application
2.1 The business relations between the online shop operated (www.naschsalon.com) on the one hand and the purchaser of goods (hereinafter: “Customer”) on the other hand are exclusively subject to the following General Terms and Conditions (hereinafter: “GTC”) in
the version valid at the time of the respective order.
2.2 By placing orders, the customer expressly acknowledges the GTC. All agreements, especially oral agreements with representatives of Naschsalon e.U. and telephone orders require written confirmation.
3. Conclusion of contract
3.1 The language of the contract is German.
3.2 The offers of Naschsalon e.U. contained on the website “www.naschsalon.at” in the online shop are subject to confirmation and non-binding.
3.3 With the order in the online shop, the customer makes a binding offer to purchase the goods. By the order the customer recognizes these General Terms (AGB in German) expressly. The customer must be at least 18 years and fully contractually capable. By sending the order form, the customer confirms the accuracy of his information, in particular his name, age, legal capacity and address. The customer receives before the final sending of his order, the possibility again to correct his order.
3.4 The subject of the contract are the goods ordered by the customer and stated in the order confirmation at the prices stated in the online shop on the day of order, plus the separately stated shipping costs.
4. order
4.1 Orders can be placed around the clock, both on weekdays and on Saturdays, Sundays and public holidays, whereby processing of orders takes place exclusively on working days (Monday to Friday). On Saturdays, Sundays and public holidays no orders are processed or dispatched, but delivery can also take place on Saturdays.
4.2 Orders placed before 15:00 are processed and dispatched on the same working day in the warehouse. The delivery takes place within Austria, within 2 working days after order.
4.3 A collection of the ordered commodity by the customer in the Naschsalon e.U branch is possible with on-line orders. Orders with subsequent self-collection “click and collect” from Naschsalon e.U is offered as a result of the payment with a button as confirmation.
5. Shipping
5.1 Delivery shall be made to the delivery address specified by the customer and shall be delivered by Austrian Post.
5.2 If no exact shipping address is given, the customer’s address shall be deemed the valid shipping address. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all resulting costs.
5.3 Deliveries shall be made Monday to Saturday. On Sundays and holidays no dispatch and no deliveries take place.
6. prices and terms of payment
6.1 The marked prices are final prices incl. statutory value added tax plus the stated shipping costs.
6.2 The payment of the ordered goods takes place within the online ordering process.
6.3 The following possibilities are offered as means of payment for orders in the online shop: Credit cards Visa, Mastercard, Sofortüberweisung and Paypal.
6.4 The delivered goods remain the sole and unlimited property of Naschsalon e.U until the complete payment of the purchase price including all additional charges.
7. liability/warranty
7.1 Naschsalon e.U. is basically liable for damages according to the legal regulations. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health of humans and to claims under the Product Liability Act.
7.2 All products are tested by Naschsalon e.U. before being made available in the branch. The information on the shelf life and storage of the goods must be strictly observed. If the purchased goods are not properly stored by the customer or are only consumed after the expiration of the shelf life, any warranty and liability of Naschsalon e.U. is excluded. No case of the guarantee is present with damage, which developed by an improper use or treatment of the product. The same applies to normal wear and tear.
7.3 The general warranty provisions, in particular those of the General Civil Code (ABGB), shall apply to consumer transactions within the meaning of the Consumer Protection Act (KSchG) or the Distance and Away Business Act (FAGG). 8. Right of withdrawal for consumers
8.1 Contracts concluded in the online shop constitute distance selling transactions within the meaning of the FAGG.
8.2 Customers who are consumers within the meaning of the Consumer Protection Act (KSchG) have the right to revoke the contract concluded in the online shop within 14 (fourteen) days without stating reasons.
8.3 The revocation period begins as soon as the customer or a third party named by him has taken over the goods. In the case of a purchase contract for several goods, the revocation period begins as soon as the customer or a third party named by him has accepted the last partial shipment, the last goods or the last piece. The revocation period is 14 (fourteen) days.
The revocation/rescission is to be addressed to:
Naschsalon e.U
Liechtensteinstrasse 38a
A-1090 Vienna
E-mail: shop@naschsalon.at
by means of a clear declaration (e.g. letter or e-mail sent by post) that it has decided to revoke this contract. In order to comply with the revocation period, it is sufficient for the customer to send the notification of exercising the right of revocation before the expiry of the revocation period. In the event of revocation, the following revocation form must be completed and sent to
I/we(*) hereby cancel the contract concluded by me/us(*) for the purchase of the following goods:
Ordered on(*)/received on(*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notifications):
Date:
(*) Delete inappropriate
8.4 Consequences of withdrawal:
If the customer cancels the contract, Naschsalon e.U shall repay all payments it has received from the customer, including delivery costs and other fees, immediately and at the latest within 14 (fourteen) days from the day on which Naschsalon e.u received notification of the cancellation of the contract. For this repayment Naschsalon e.U uses the same means of payment that the customer used for the original transaction, as far as this is possible (Paypal). For all other payment methods, a bank account of the customer is required and the amount will be transferred within the period. In no case will the customer be charged for this repayment Naschsalon e.U may refuse the refund until it
has received the goods back or until the customer has provided proof that the goods have been returned in perfect condition, whichever is earlier.
8.5 Special information :
However, the right of withdrawal is excluded pursuant to § 18 FAGG in the case of distance contracts for goods that can spoil quickly or whose expiration date would quickly be exceeded (thus for all food, as well as homemade drinks and oils) and for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their sealing has been removed after delivery (thus for all food). Furthermore, the right of withdrawal according to § 18 FAGG is excluded for goods which are manufactured according to customer specifications or which are clearly tailored to the personal needs of the customer or a third party named by the customer.
9. Final provisions
9.1 Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall exclusively be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in the case of contracts with entrepreneurs.
9.2 The business address of Naschsalon e.U,Liechtensteinstrasse 38a 1090 Wien is indicated as the place of performance.
9.3 For the decision of all disputes arising in connection with the contractual relationship the local and factual court for Vienna is exclusively responsible. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), this place of jurisdiction shall only be deemed agreed if the customer has his place of residence, habitual abode or place of employment in this court district.
9.4. If the customer is a consumer and at the time of the conclusion of the contract resides or usually resides in another EU member state and we carry out a professional or commercial activity in the EU member state in whose territory the consumer is domiciled, or direct such an activity in any way to this member state or to several states, including this member state, and if the contract falls within the scope of this activity, then the consumer may also file a suit in the court of the place where the consumer is domiciled;
the action against the consumer may be brought only in the courts of the Member State in whose territory the consumer is domiciled.
9.5 The substantive law of the Republic of Austria shall apply exclusively to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies to the extent that mandatory provisions of the law of the country in which he has his habitual residence are not superseded.
9.6 The use of texts, parts of texts, pictorial material or data from the website is
prohibited. They are subject to copyright regulations and are property of Naschsalon e.U. Each use and their duplication is permitted only with previous written agreement of Naschsalon e.U..
10. Entrepreneurial business
If a contract is concluded with an entrepreneur(s) in accordance with point 1, the following deviating provisions shall also apply:
10.1 Warranty
If the customer is an entrepreneur(s), he must inspect the delivered goods after receipt for completeness, correctness and other faultlessness, in particular the integrity of the packaging. In the event of defects, the customer must notify us of these within a reasonable period of time, but no later than four working days after receipt of the goods, by e-mail to shop@naschsalon.at Defects which are recognizable later must also be reported immediately, at the latest within four working days of their recognizability. If the entrepreneur has not detected any defects within the complaint period, the delivery shall be deemed approved and all claims such as warranty, avoidance of error or damages due to a later claimed deviation or defect (§ 377 UGB). This shall also apply to any wrong deliveries or deviations in the delivery quantity.
If the customer is an entrepreneur, we shall have the exclusive right to choose the remedy for remedying a defect notified in good time. We shall also be free to convert the agreement immediately.
If the customer is an entrepreneur, he shall bear the costs of returning the goods for improvement or replacement.
10.2 Liability
Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within a period customary in the trade but no later than one year from the transfer of risk. The provisions on damages contained in these General Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. If the customer is an entrepreneur(s), any recourse claims within the meaning of § 12 of the Product Liability Act shall be excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least caused by gross negligence.
10.3 Prohibitions of retention and offsetting
Justified complaints do not entitle customers who are entrepreneurs to withhold the invoice amount. The offsetting of alleged counterclaims against the remuneration claim is not permitted unless we expressly agree to this in writing.
10.4 Choice of law, place of performance and place of jurisdiction
Austrian law is mandatory, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is the local and factual court for Vienna 1090. For disputes arising from or relating to legal transactions subject to these GTC, the exclusive jurisdiction of the District Court for Commercial Matters or the Commercial Court in Vienna shall be agreed. This corresponds to the amount in dispute.