General Terms and Conditions
of Café-Konditorei Fürst GmbH – hereinafter referred to as "FÜRST".
1. Scope of application
1.1. Contract basis. FÜRST concludes its contracts and provides its services exclusively on the basis of its written quotes and on the basis of written price lists and product descriptions, as valid from time to time, which form part of a quote, and on the basis of these Terms.
From the conclusion of the first contract, the price lists, product descriptions and Terms, as amended from time to time, apply automatically also to all other contracts that are concluded between FÜRST and the relevant customer, even if those price lists, product descriptions and Terms are not explicitly incorporated by reference in these contracts.
1.2 Future changes. Future changes of FÜRST's price lists, product descriptions and Terms will be notified to the customer in writing and shall be deemed to have been agreed, unless business undertakings object to changes within two weeks and consumers object within four weeks.
1.3 Supplementary agreements. All supplementary agreements of any kind that are reached both prior to the conclusion and also throughout the term of a contract are valid only if made in writing. This applies towards business undertakings also to any waiver of the written form requirement.
1.4 Contract components of the customer. Even if FÜRST is aware of specifications of the customer, these are applicable only if FÜRST accepts these.
Even if FÜRST is aware of legal texts of the customer, these will be applicable only if FÜRST accepts these by way of an additional note which expressly refers to and covers a legal text (such as "Terms and Conditions accepted"). Otherwise, FÜRST expressly objects to the inclusion of the customer's legal texts. The fact that FÜRST has simply accepted the customer's specifications therefore does not mean that FÜRST has accepted the customer's legal texts, even if those specifications should include these legal texts (and contain language such as "Our General Terms and Conditions shall apply").
1.5. Inconsistencies. In case of any inconsistency between the quote, price lists and product descriptions, if any, and FÜRST's Terms, these shall apply in the above order. An individual quote will hence prevail over all other elements of a contract.
In case of any inconsistency between FÜRST's elements of a contract and the customer's elements of a contract, all contract elements of FÜRST shall prevail.
1.6. Invalidity. Should any term of the contract be invalid or unenforceable, such invalid term shall be replaced in contracts with business undertakings by a valid term that closest reflects the economic meaning and purpose of the invalid term.
2. Conclusion and term of a contract
2.1. FÜRST's offers. A contract is concluded on the basis of an offer which FÜRST makes to the customer. FÜRST's offers are subject to change and non-binding in nature. Should the customer place an order, the customer shall be bound by that order two weeks after it was received by FÜRST.
2.2 Offer by customer. Should the customer, by way of exception, award an unsolicited contract to FÜRST without FÜRST having previously made an offer or by way of a form, for instance those in catalogues or web shops, business undertakings shall be bound by their orders two weeks and consumers one week after they were received by FÜRST.
2.3. Acceptance of an order by FÜRST. A contract is therefore concluded only once FÜRST has accepted the customer's order.
As a matter of principle, FÜRST shall accept orders in writing, for example by issuing an acknowledgment of order, unless FÜRST's actions on behalf of the customer and on the basis of the order signify to the customer that FÜRST accepts the customer's order. FÜRST shall not be deemed to have accepted an order simply by acknowledging the receipt of an order, for instance a confirmation of receipt of a web shop.
2.4 Term of a contract. Contracts concluded for an indefinite time can be terminated with six months' notice at the end of the year after the expiration of their minimum term.
3. Scope of services, order processing and customer's duty to cooperate
3.1 Place of performance. Place of performance shall be FÜRST's registered office.
3.2. Scope of services. The scope of the services to be provided by FÜRST is defined in FÜRST's written specifications.
3.3. Customer's duty to cooperate. The customer shall promptly provide any information in writing and make available all services to FÜRST which FÜRST requires to provide its services.
The customer shall be liable for any damage caused by any omission of, delay in or insufficiency of cooperation by the customer.
3.4. Professional and skilled services. Within the framework of the written specifications, FÜRST has a degree of freedom in connection with the performance of services, provided that there are several possibilities of providing a service in a professional manner.
3.5. Interchangeable services. If and when compatible with the objectives of an order, FÜRST may deviate from the specifications and replace services with other equivalent services.
3.6. Divisible services. FÜRST may make partial deliveries of services which are divisible.
3.7. Shipping & Delivery. The goods are shipped by the mail order company mentioned in the web shop and are delivered to the countries stated therein within the set time limit.
Caution: The goods of FÜRST are heat-sensitive. FÜRST reserves the right to stop the shipment of goods on warm days and to resume it not until temperatures are appropriate. The customer will be informed by e-mail in advance.
4.1. Prices. All prices are quoted in Euros, plus statutory value added tax ex FÜRST's business domicile or branch office.
4.2. Shipping Costs. Shipping costs depend on the method of shipment stated in the web shop.
4.3. Additional services. All services provided by FÜRST which are not expressly covered by the agreed compensation will be charged separately.
4.4. Partial services. FÜRST is entitled to bill partial services.
5.1. Payment date and payment. FÜRST's invoices are due on a net cash basis without deduction from the invoice date and, unless agreed to the contrary, are payable within 14 days from receipt of the invoice. Goods are delivered or shipped and other services executed only after the customer has paid the full purchase price.
5.2. No set-off and no retention. The customer may not set off its own claims against FÜRST's claims, unless the customer's claim was acknowledged by FÜRST in writing or was established by a court. Business undertakings shall not have a right of retention.
5.3. Late payment. In case of any delay in payment, business undertakings shall pay statutory interest applicable to entrepreneurs, but at least 9% per year, consumers shall pay interest at a rate of 9% p.a. The customer shall pay all costs and expenses incurred in connection with the collection of a claim, including but not limited to collection charges and other necessary costs for appropriate legal pursuit of rights.
5.4. Payment by instalment. If and when FÜRST and the customer have agreed on payment by instalment, the entire compensation is due immediately even if the customer is in arrears with only one instalment.
6.1. Guarantee. FÜRST offers a satisfaction guarantee on all goods up to a total order value of one hundred Euros (inclusive of value-added tax) per customer.
The guarantee is valid for a period of one month from the order. The total order value is the total value of a customer's order during a period of one month prior to exercising the guarantee. The guarantee can be invoked by returning the goods by post within the guarantee period.
The satisfaction guarantee offered by FÜRST shall guarantee the customer's satisfaction with the purchased goods. If the customer is not satisfied with the purchased goods for any reason whatsoever, he may return the goods, stating the reasons for dissatisfaction, and recover the purchase price and shipping costs.
The guarantee does not limit the customer's statutory rights to withdrawal and warranty.
6.2. Warranty. The right to warranty of undertakings is limited to the date of minimum durability. Warranty claims must be enforced no later than within three months after expiry of the date of minimum durability.
The customer is entitled at FÜRST's election to improvement or exchange of goods and, in case of non-material defects, also to a reduction of the price or, in case of material defects, to cancellation of the contract.
6.3. Error, shortfall exceeding fifty percent. The business undertaking may not challenge a contract on the grounds of error or shortfall exceeding fifty percent.
6.4. Compensation for damage. Except in case of personal injury, the customer cannot seek compensation for damage, unless these are based on severe gross negligence or intent in contracts with business undertakings or on gross negligence or intent in contracts with consumers.
Claims for compensation of damage of business undertakings shall forfeit six months after knowledge of the damage and the injuring party, and in any event three years after the incriminated action has taken place.
6.5. Burden of proof. The burden of proof cannot be shifted to FÜRST in contracts with business undertakings. Especially the presence of a defect on the delivery date, the point in time when a defect was identified, the timeliness of a complaint, and the presence and level of fault must be proven by the customer.
7. Consumers' right of withdrawal
7.1. Right of withdrawal. Consumers may withdraw from distance and off-premises contracts within fourteen days without giving any reason.
7.2. Withdrawal period. The withdrawal period will expire after 14 days from the day
of the conclusion of a service contract;
in the case of a sales contract on which the consumer acquires, or a third party other than the carrier and indicated by the consumer acquires, physical possession of the goods;
in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which the consumer acquires, or a third party other than the carrier and indicated by the consumer acquires, physical possession of the last good;
in the case of a contract relating to delivery of a good consisting of multiple lots or pieces on which the consumer acquires, or a third party other than the carrier and indicated by the consumer acquires, physical possession of the last lot or piece;
in the case of a contract for regular delivery of goods during a defined period of time, on which the consumer acquires, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the first good.
To meet the withdrawal deadline, it is sufficient for the consumer to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
7.3 Exercise of the right of withdrawal. To exercise the right of withdrawal, consumers must inform FÜRST [Café-Konditorei Fürst GmbH, Brodgasse 13, A-5020 Salzburg, firstname.lastname@example.org, Fax +43 662 843759 12] of his decision to withdraw from a contract by an unequivocal statement (e.g. letter sent by post, fax or e-mail). Consumers may use the attached model withdrawal form, but it is not obligatory.
7.4. Model withdrawal form. (If you want to withdraw from the contract, please complete this form and return it to us.)
Cafe-Konditorei Fürst GmbH
Fax +43 662 843759 12
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
- Ordered on (*)/received on (*)
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate!
7.5 Effects of Withdrawal. If consumers withdraw from the contract, FÜRST shall reimburse to them all payments received from them, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by FÜRST) without undue delay and in any event not later than 14 days from the day on which FÜRST is informed about the consumer's decision to withdraw from this contract. FÜRST will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; the consumer will not incur any fees as a result of such reimbursement under any circumstances.
The consumer must send the goods back immediately, in any case no later than within 14 days of informing FÜRST that he wanted to withdraw. This deadline is met if the consumer sends FÜRST the goods before the 14-day time limit has expired. The consumer will have to bear the direct cost of sending the goods back. The consumer shall be liable for any diminished value of the goods only resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.6. Exemptions from the right of withdrawal. The consumer has no right of withdrawal in respect of distance and off-premises contracts for an amount of more than EUR 50.00 as regards the following:
a. the supply of goods made to the consumer's specifications or clearly personalised;
b. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
c. the supply of goods which are liable to deteriorate or expire rapidly;
8. Data Privacy.
The customer agrees that the declared information be processed for the purpose of implementing the contract and be stored until the expiry of all time limits pursuant to Section 6. FÜRST will not disclose that information to third parties, except to service providers such as credit card companies and shipping companies for the purpose of implementing the contract.
9. Final provisions
9.1. Applicable law. All legal relationships between the customer and FÜRST shall exclusively be governed by and construed in accordance with Austrian law, to the exclusion of international conflict of law rules. The UN Sales Convention shall not apply.
9.2. Jurisdiction. All disputes arising between FÜRST and business undertakings shall be referred to the Austrian court having subject-matter jurisdiction in Salzburg. FÜRST may also sue a business undertaking at FÜRST's general venue and the business undertaking's general venue.