1. General
These general terms of delivery and sales apply to all supplies of goods that are delivered ordered from Café Gerstner Gesellschaft m.b.H. (here as “Gerstner”) in form of distance selling. When the order of the goods is made, the client accepts the general terms of delivery and sales. The general terms of delivery and sales are have been valid from January 7, 2005 to the present.
Information, complaints, and data references can be obtained at konditorei(at)gerstner.at or gerstner(at)gerstner.at.
Member of the WKO Gastronomy Association
2. Formal Contract
a) Language of Contract, Order and Business is German
b) All offers by the seller are entirely subject of change. At orders of the customer, that are the offer in legal terms, the customer is two weeks ligated. The contract is in effect only by our confirmation of order or by supply or performance. A separate communication of the customer of the acceptance is not necessary.
c) Orders can also be accepted only partially on our side.
d) An order is only possible, if all obligated mandatory fields (that are marked with a star) are filled in. Before mailing the order, the customer receives a summary of contents of the order including prices, which he still can correct or confirm. The entrance of the order with us is confirmed by automatically respond-mail, however that doesn’t mean the acceptance of the order. Messages are received only during normal office hours (Monday until Friday from 9 AM to 4 PM with the exception of legal holidays in Austria). Out of office hours received messages apply only on the next working day as received and processed.
e) The customer is aware, that the Internet is not a completely safe communication medium and data, which are transferred over the Internet, on one hand could be opened by a third party and on the other hand the data could be changed by a third party. The customer carries the risk that data arrive at our server not at all or not in the form, that he has been sending it. We may trust, that the data, that we receive, are in the alignment that the customer has been sending it out.
3. Pricing
a) All our goods are priced in Euros and include all the legal Austrian taxes, no delivery costs and no other diverse services are included, unless it has been quoted differently in other valid pricelists or delivery contracts. In case of deliveries and shipments outside of Austria, additional taxes of import and export apply.
b) All prices are current market prices and are valid upon cancellation.
c) For our supplies we charge additionally a packing and a dispatch lump sum (“delivery costs”), that concrete heights depends on the ordered product as well as the place of delivery. A list of the delivery costs can be obtained by clicking HERE.
d) Concerning possible custom costs please obtain information at your responsible customs office.
4. Delivery Time and Time of Performance
a) For the dispatch we use EMS (within Austria) and DHL (outside of Austria), at danger and expense (see point 3) by the customer, depending on the shipping address filled out at the order.
b) The delivery takes place under normal conditions within 5 working days, however at the latest 10 working days after the order. The indication of delivery dates takes place without obligation. The default of the delivery dates entitles the customer only to withdraw from the order only in case that Gerstner does not provide a written document within an at least two-week respite of the delivery.
c) The time for delivery through circumstances, which are independent of the party will, e.g. cases of higher force, unforeseeable operational disturbances, transport and customs delay, transport damages, work conflicts, by the duration of preventing is extended.
d) As far as partially deliveries are possible, that is also legally permissible. Each partial delivery is considered as own business and can be charged on separate invoices.
5. Warranty
a) Arising damages need to be reported if possible right at the delivery but latest at the discovery. If the customer is an entrepreneur in the sense of the “KSchG”, he has to examine the goods and delivery immediately at receipt on: completeness, correctness and other faultlessness and possible lack, but at the latest however within five working-days after the delivery or services, with other losses of all being entitled requirements, within the normal investigation of recognizable lack, setting the reproof in writing.
b) Requirements from deficiencies fall under the statute of limitations for each kind of supply – independent by which argument it is supported (in particular guarantee, compensation, special back grasp right) within the legal guarantee period of 2 years starting from supply an/or achievement. For consumers this period begins with defective titles only at recognizability of the lack.
c) The customer can select with defectiveness of the goods between improvement and exchange. Only if these two achievements are impracticable, the customer can claim, according to the legal regulations – appropriate reduction of price or substitution. If we improve a lack, this is made without costs and free of charge by Gerstner, whereby we can require the customer to send back the goods – as far as this is possible – at our danger and the expenses at us. The customer is obligated to give us the possibility for the improvement.
d) With all offered goods it concerns food, which is excluded from the right of withdraw from the contract in accordance with “KSCHG”.
6. Compensation
We do not take over liability for damage from which legal basis, in particular cause of delay, impossibility of the achievement, positive breach of claim, fault of the contract formation, deficiency consequential damages, deficiencies or because tort of negligence, that in consequence happened due to slight negligence through us or persons, for whom we have to in-be entitled, are caused. Customers, who are entrepreneurs in the context of the KSchG, have to prove the act of gross negligence or the intention. With contracts of consumers this non-liability is excluded.
7. Price and Terms of Payment
a) Our calculations are to be settled immediately before beginning of the time for delivery with one of us accepted credit cards – AMEX, Diners, JCB, Mastercard, Visa. The indicated credit card is charged immediately after sending the order. The data of the credit card is not stored in any way. Our Payment Partner is Mpay24. You can find all information under www.mpay24.at
b) Regarding late payment we charge interests at a value of 6.3 % over the respective basis interest rate of the European Central Bank.
c) With delay of the customer with payment or its other deliveries we –without prejudice to other rights- are entitled to withdraw our supplies up to the contribution of the agreed upon return under keeping of the still open time for delivery or withdraw for applying an appropriate respite from the contract and to require compensation because of default. In this case the customer has to resend the supplied goods immediately at their own expenses to us. The asserting of requirements for compensation for cancellation, abrasion, remuneration on transportation costs, that are on own expenses and other more remains reserving us, whereby we are entitled with contract resignation to demand and/or retain 20 % of the price of minimum contractual penalty.
d) The customer is obligated with breach of his contractual obligations to replace all costs necessary for the appropriate compensation of our damages. Per reminder € 5,- and moreover for the evidence storage of the obligation in our reminder bookkeeping € 25,-.
8. Applicable law, Place of fulfillment, Place of jurisdiction
a) On the legal relations with the customer only Austrian Law is applicable.
b) Place of payment and delivery for all obligations resulting from the present treaty is Vienna.
c) As area of jurisdiction for all indirectly or directly from the contract locally and essentially responsible Austrian court agrees upon oneself resulting in disputes for 1010 Vienna. If the customer is consumer in the sense of the “KSchG”, this court conditions are considered as agreed upon only if the customer in this court parish has its domicile, usual stay or place of the occupation or if the customer lives abroad. We are also authorized to complain the customer at its general area of jurisdiction.
d) We accept the Internet Ombudsman as alternate dispute resolution: Internet Ombudsmann Margaretenstr. 70/2/10 1050 Wien www.ombudsmann.at
e) If the customer is consumer in the sense of the KSchG, the competence of the court applies for the domicile of the usual stay or the place where the occupation of the customer lies of the occupation.
9. Privacy Policy
The customer agrees that data collected during the order and the order processing, as well as contract data disclosed after the contract, can be stored, processed and used for purposes of accounting, internal marketing research, and marketing purposes. The information can be used to comply with the legal provisions, for settlement of payments, and for advertising purposes. Customer data is not shared with third parties, except as necessary to fulfill the contract (partner companies also comply with the Data Protection Act).
10. Miscellaneous
Deliveries and declarations of intention take place upon the written publication of another address legally effective to the address indicated by the customer at the order. The Customer is obligated to fill in all relevant data required for the contract formation completely and correctly. With incorrect, incomplete and unclear data, the customer is liable for these costs arising for us. The customer is obligated for miscellaneous damages to inform us of name changes and change of domicile immediately in writing. In case of default every written communication that takes place to the address of the customer last given to us, meets as sufficient and effective means of an effective delivery.
11. Security through SSL
Our safety server encrypts all your personal Data such as credit card number, bank code number, bank account number, name and address. This information cannot be read by unauthorized persons during the transmission over the internet. During the encryption the character entered by you are transformed into a code, which will transfer secure through the internet. Thus our customers are optimally protected against unauthorized accesses.