- K. u. K. Hofzuckerbäcker Ch. Demel's Söhne GmbH (hereinafter referred to as “DEMEL”) with the business address Kohlmarkt 14, 1010 Vienna, operates an online shop selling food and souvenirs at the website “www.demel.com”.
II. Scope of application
- The General Terms and Conditions set forth hereinunder (hereinafter referred to as “GTC”), as applicable at the time of placement of the respective order, shall exclusively apply to the business relations between the online shop operated by DEMEL (demel.com), on the one hand, and the orderer of goods (hereinafter referred to as “Customer”), on the other hand.
- Deviating terms and conditions of the Customer shall not apply, unless DEMEL agreed to these in writing or by e-mail prior to accepting the order. Agreements deviating from these GTC shall be made in writing to take effect.
- Through placing orders, Customer expressly accepts these GTC. All agreements, particularly verbal agreements made with a representative of DEMEL, as well as telephone orders are subject to written confirmation.
III. Conclusion of contract
- The contract language is English.
- The offers of DEMEL included in the website “www.demel.com” at the online shop are nonobligatory and without engagement.
- With the order placed at the online shop, Customer makes a binding offer to purchase the goods. Through such order, Customer expressly accepts these GTC. After receipt of the order by DEMEL, an e-mail with the order confirmation of the order placed by the Customer is transmitted to the Customer at the e-mail address declared by the Customer. Such order confirmation is considered as acceptance of the offer, whereby the contract between the Customer and DEMEL directly becomes effective.
IV. Subject-matter of contract
- The subject-matter of the contract shall be the goods ordered by the Customer and indicated in the order confirmation at the prices indicated at the online shop on the order date, plus the separately stated delivery and processing fee.
- DEMEL expressly points out that the photos on the homepage are sample photos and that the actual appearance of the goods may deviate from such photos.
- Orders may be placed round the clock, on weekdays as well as on Saturdays, Sundays and public holidays, with such orders being processed exclusively on weekdays (Monday through Friday). No orders are processed, respectively no dispatches made, on Saturdays, Sundays or public holidays.
- Orders must be made no later than by 4 pm on the working day preceding the day when dispatch is made (e., by Monday, 4 pm, for dispatch on the following Tuesday; or by Friday, 4 pm, for dispatch on the following Monday).
- Collection of ordered goods by the Customer at a DEMEL shop is not possible for online orders. DEMEL accepts orders with subsequent collection by the customer exclusively through e-mail.
- Unless agreed otherwise, dispatch is made to the stated Customer address. If no precise shipping address is stated, then the Customer address is deemed the valid shipping address. If the Customer provides incorrect, incomplete or ambiguous information, Customer shall bear all costs thus incurred.
- Upon placing the order, the Customer may indicate a non-binding, desired date on which the ordered good/s should be delivered. Such desired date may fall exclusively on a weekday (Monday through Friday).
- Shipment deliveries shall be made exclusively on weekdays (Monday through Friday), taking into consideration to the highest possible extent the date indicated by the Customer upon placing the order. No dispatch or delivery shall be made on Saturdays, Sundays or public holidays.
- For each delivery, a processing and delivery fee shall be paid, which may vary depending on the scope of the order and on the shipping address (for further information, see the table of fees at [Link]).
VII. Prices and conditions of payment
- All prices are stated in EURO and are understood to include statutory VAT at the applicable rate (10 % or 20 %); plus the delivery and processing fee (see section VI., item 4).
- Payment for the ordered goods shall be made through the online ordering procedure or, in case of collection by the Customer, directly at the DEMEL shop.
- For orders placed at the online shop, the following credit cards are exclusively accepted as means of payment: Visa, Mastercard, Diners Club, AMEX, JCB. With pick-up at the shop, the Customer may use the following means of payment: cash, ATM card, credit card (Visa, Mastercard, Diners Club, AMEX, JCB).
VIII. Reservation of ownership
- The delivered goods shall remain in the exclusive and unrestricted poperty of DEMEL until the purchase price, including all accompanying charges, has been paid in full.
IX. Liability / Warranty
- Liability on the part of DEMEL is limited to such damage as is caused through intent or gross negligence. Mandatory statutory provisions concerning liability remain unaffected.
- All products are examined by DEMEL prior to dispatch or provision at the shop. Information concerning stability and storage of the goods shall be heeded Any warranty, respectively liability, on the part of DEMEL shall be excluded in the event that the Customer fails to store appropriately the goods purchased from DEMEL, respectively consumes these after the expiration date.
- The Customer, respectively a third-party recipient named by the Customer, shall examine the goods for defects immediately upon receipt. If the goods received upon collection by the Customer are damaged, then claims assessment by a staff member of the shop shall be initiated immediately; otherwise, claim settlement shall be rejected. With regard to online orders, immediate claims assessment by a staff member of DEMEL shall be initiated and the damage notified to the staff member immediately and demonstrably (for instance, by means of a respective photograph to be sent by e‑mail); otherwise, claim settlement shall be rejected. Subsequent complaints are not accepted.
- [Claims for] defects that cannot be detected immediately in spite of careful examination shall be asserted immediately after detection; however, no later than within one working day after receipt of the goods; otherwise, the goods shall be deemed approved.
- With regard to transactions with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), respectively the Austrian Distance Selling Act (Fern- und Auswärtsgeschäftegesetz – FAGG), general warranty provisions, particularly those set forth in the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB), shall apply.
X. Right of revocation on the part of consumers
- Contracts concluded at the online shop constitute distance selling deals within the meaning of the Austrian Distance Selling Act.
- Customers who are consumers within the meaning of the Austrian Consumer Protection Act have the right to revoke the contract concluded at the online shop within 14 (fourteen) days without stating any reason.
- The revocation period commences as soon as the Customer, or a third party named by the Customer, has accepted the goods. In case of a purchase contract concerning several goods, the revocation period commences as soon as the Customer, or a third party named by the Customer, has accepted the final part shipment, the final good or the final unit. The revocation period is 14 (fourteen) days.
- In order to exercise the right of revocation, the Customer must inform
K. u. K. Hofzuckerbäcker Ch. Demel’s Söhne GmbH
+43 (0)1 535 17 17 37
by means of an unequivocal statement (e.g., letter sent by surface mail or e-mail) of their decision to revoke that contract. In order to comply with the revocation period, it is sufficient that the Customer sends of the notice of exercising the right of revocation before the revocation period expires.
In case of revocation, the following form must be filled in and returned to DEMEL (Attachment I, Part B, Austrian Distance Selling Act):
K. u. K. Hofzuckerbäcker Ch. Demel’s Söhne GmbH
+43 (0)1 535 17 17 37
I/we (*) hereby revoke the contract concluded by me/us (*) concerning purchase of the following goods:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only on notification in hard copy):
(*) Delete as applicable.
- Consequences of revocation:
If the Customer revokes the contract, DEMEL shall pay back all payments received from the Customer, including delivery costs and other charges, immediately and no later than within 14 (fourteen) days as of the date when DEMEL received the notice of revocation of contract. Unless expressly agreed otherwise, DEMEL shall use for such repayment the same means of payment as that used by the Customer in the initial transaction; under no circumstance shall the Customer be billed with any charges due to such repayment. DEMEL may withhold repayment until it receives the goods or until the Customer has demonstrated that the goods were sent back, whichever is the earlier.
The cost of returning the goods shall be borne by the Customer.
- Pursuant to Section 18, Austrian Distance Selling Act, the right of revocation is excluded for distance selling deals concerning goods that are easily perishable or the expiration date of which would be quickly exceeded (thus, for all foods and home-made beverages) and for distance selling deals concerning goods that are delivered sealed and that are not eligible for return for reasons of health protection or hygiene, provided that the seal was removed after delivery (thus, for all beverages). Moreover, pursuant to Section 18, Austrian Distance Selling Act, the right of revocation is excluded for goods that were produced according to customer specifications or are clearly customised according to the personal needs of the Customer or of a third-party named by the Customer.
XI. Closing provisions
- If individual provisions set forth in the contract or in these GTC are legally invalid, this shall not result in the invalidity of the entire contract or of the entire GTC. The other content of the contract, respectively the other provisions of the GTC, shall remain valid and unaffected. Invalid provisions, if any, are replaced by new provisions that aim for the same economic purpose.
- The place of performance is agreed to be the business address of DEMEL at 1010, Vienna, Kohlmarkt 14.
- The court having subject-matter jurisdiction in Vienna is exclusively competent to rule on any disputes that arise in the context of the contractual relationship. If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act, such legal venue shall be deemed agreed only if and when the customer has their place of residence, usual abode or place of employment in this judicial district.
- The contract shall be subject to Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of the conflict of law rules of international private law. If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act, such choice of law shall apply only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains their usual abode, is not withdrawn.
- The use as well as the reproduction of texts, parts of texts, photo material or data of the website is subject to prior approval of DEMEL.
- All images used on this website are subject to copy right regulations and are the property of DEMEL. Any use of such images is permitted only subject to the prior approval of DEMEL.
As per November 2017