Contract partner for the delivery of baking book that can be ordered online or by telephone is Wewalka GmbH. Nfg. KG, a company with its registered seat in Sollenau and its business address at Anton Gsellmann-Straße 4, 2601 Sollenau, Austria, registered in the commercial register of the regional Court Wiener Neustadt under FN 164314p (hereafter the “Seller”). Persons who buy a baking book from the Seller will be referred to as “Customer”.
The contact details of the Seller are:
Tel: +43 (0)2628 48666-0
Fax: +43 (0)2628 48695
E-mail address: email@example.com
These terms and conditions are applicable to all deliveries by the Seller in their currently valid version at the time of conclusion of the contract.
Differing terms and will only be part of the contract if explicitly confirmed by the Seller in writing.
All data provided for business transactions is kept confidential by the Seller and electronically stored and processed only for the explicit purpose of contract performance.
The Seller has the right to commission other companies or persons to perform tasks for the Seller, in particular DHL for the delivery. The Customer grants his consent that these service providers are granted access to the data provided by the Customer, insofar as necessary to fulfil their tasks. The service providers are barred from using this data for other purposes. Furthermore they are obligated to treat the data confidentially according to this privacy statement and according to applicable data protection laws.
2. Formation of contract
The Seller’s offers are non-binding unless explicitly designated as binding. The Customer’s order is deemed accepted by the Seller’s order confirmation only, thus forming the contract. For orders made through the Seller’s homepage, the Seller reserves the right to withdraw from the contract within 48 hours of an automatically generated order confirmation. Orders placed via the homepage are only accepted within the limits of availability of the products.
All orders placed by a Customer via the homepage or telephone are binding.
The Seller reserves the right to reject orders without giving any reason or to only partially accept orders with regard to the ordered quantity; in such cases, the Seller will notify the Customer immediately. Changes in the order confirmation are deemed accepted by the Customer unless he objects within three business days.
3. Prices and terms of payment
All prices are in EURO gross only. All payments must be made in EURO. The applicable value-added tax is listed separately on the invoice. All fees, in particular bank and currency exchange fees, must be paid by the Customer.
Added to the price are the delivery costs, which differ depending on the place of delivery and will be stated separately before the order can be placed.
Payments shall be made by the Customer within eight (8) days of the date of the invoice unless stated otherwise on the invoice. All invoices are to be paid in Euro without deductions to the account stated on the payment slip, which will be added to the delivery of the baking book.
The baking book can only be paid by means of the payment slip, bank transfer or cash on delivery. If the customer wishes to pay by cash on delivery, an additional fee will be charged, which will be shown separately.
The baking book supplied remain the property of the seller until the purchase price has been paid in full including any interest on late payments, reminder costs and collection expenses as well as possible other costs incurred.
Shipping will be handled by DHL, in exceptional cases via the post. Ordered goods are prepared as soon as possible after receiving the order. Shipping with DHL usually takes two to seven business days.
5. Right of withdrawal of the customer according to § 11 FAGG
The customer can withdraw from the contract within 14 days without giving a reason.
The deadline for withdrawal begins on the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods. However, if the customer has not received the information in accordance with § 4 Abs 1 Z 8 FAGG in full, the withdrawal period is extended by twelve months; however, upon subsequent receipt of such information within the twelve-month period mentioned above, 14 days from the date of issue of the information.
The right of withdrawal may be exercised by sending the sample form below in due time to the address given there.
Right of withdrawal and model withdrawal form
Otherwise, the declaration of withdrawal must be sent to the following address:
Wewalka GmbH. Nfg. KG
Anton Gsellmann-Straße 4
2601 Sollenau, Österreich
Fax: +43 (0)2628 48695
The goods must be returned to the Seller by the customer immediately, at the latest within 14 days, whereby the return of the goods takes place at the expense of the customer. The refund of the payments made by the customer shall also be made immediately, at the latest within 14 days after receipt of the goods or proof of the return of the goods and the same means of payment, which the customer has used in the original transaction, unless it is with the customer expressly agreed otherwise.
The consumer can also submit any complaints to the above geographical address. The seller does not operate its own customer service and there are no (warranty) conditions other than those available here.
The Seller’s warranties are limited to attributes of the contractual goods expressly promised or required by law at the time of transfer of risk of loss to the extent of the following provisions. No warranty is provided for deficiencies caused by improper handling, wear and tear, storage or other acts or omissions of the Customer or of third parties. Moreover, no warranty is provided for a certain use or usability of the baking book, unless agreed upon expressly and in writing.
The Customer has the full burden of proof for all pre-requisites for a claim, in particular for the defect itself. Deadlines shall be deemed observed if statements are dispatched within the deadline by the Customer.
In the case of a warranty claim the Seller shall be free to choose between the remedies of improvement, replacement, price reduction or rescission of contract.
The Seller is not liable for any damages, unless caused by the Seller with deliberate intent or gross negligence. In the event of minor negligence the Seller is liable only for personal injury.
8. Force majeure
Force majeure events entitle the Seller to extend the delivery period for the period of the impediment or to cancel the contract in total or in part. Any claims of the Customer (especially compensation claims) due to Force majeure events are excluded.
9. Alternative Dispute Resolution / Online Dispute Resolution in Consumer Affairs
According to § 19 Alternative Dispute Settlement Act and Article 14 of Regulation (EU) No. 524/2013 ("ODR-VO"), the seller points out that an alternative dispute resolution can be carried out for disputes arising from paid contracts. Such an alternative dispute resolution may be initiated by any Party.
This can be done via an online procedure, which you can find on the homepage of the European Commission at http://ec.europa.eu/odr.
In Austria, as a consumer in the sense of the Consumer Protection Act, you can turn to "Schlichtung für Verbrauchergeschäfte" (http://www.verbraucherschlichtung.or.at/). When making an online purchase, you can also contact the Internet Ombudsman (http://www.ombudsmann.at/).
Unless there is a mandatory court of jurisdiction, the exclusive competent court of jurisdiction for all disputes arising out of contracts with Customers is the competent court of Wiener Neustand. Austrian material law applies exclusively. The application of rules on conflict of laws as well as the UN Sales Law is excluded.
Any agreements deviating from these terms and conditions must be in writing and are only valid if they are duly signed by the Seller.
Statements on behalf of the Seller shall be legally binding only if issued by the required number of authorized representatives.
Should one provision of these terms and conditions (AGB) be completely or partly ineffective or not enforceable, now or in future, the remaining provisions of these terms and conditions are not affected by that. The Parties will replace the invalid or unenforceable provision by such a valid or enforceable provision that comes as close as possible in its content and purpose.