Conditions
Terms of Service
As of October 13, 2019
1. Preamble
Confiserie zum sweeten Eck operates an online shop at www.suesseseck.at. These general terms and conditions (hereinafter GTC) apply to all contractual relationships concluded between the customer and www.suesseseck.at until www.suesseseck.at announces changed GTC.
If www.suesseseck.at or the customer does not object to the changed terms and conditions in writing and with reasons within two weeks of notification, the changed terms and conditions are deemed to have been accepted.
The customer acknowledges these GTC and agrees to them as soon as he places an order.
2. Important notes:
The products offered on our online shop are presented in the form of digital photographs and described in a tender text. Deviations between the digital representation, the tender text and the real product can have technical reasons and these do not represent a defect in the products ordered from us.
We would like to point out that the products offered in our online shop may no longer be available at the time the order is placed.
3. Conclusion of contract / possibility of correction
The customer's order represents an offer. A contract is only concluded after acceptance by www.suesseseck.at. The customer will be informed of the acceptance by e-mail.
An order is only possible if all mandatory fields in the order form are filled out. If information is missing or if we cannot fulfill the order for other reasons, the customer will receive an error message. Before the order is finally sent, the customer is given the opportunity to correct his order. The customer receives supporting detailed information directly in the course of the ordering process. As soon as the ordering process is completed, the customer will be notified of this by an information window. This does not constitute acceptance of the customer's offer by www.suesseseck.at.
Should your data (delivery address, billing address, email address, etc.) change, you will inform www.suesseseck.at in good time. If you do not notify us of any data changes or do not do so in good time, the previously known data will continue to be sent at your own risk. Notifications will continue to be sent to the known address and will be valid.
4. Acknowledgment of Receipt
As soon as the order has arrived at www.suesseseck.at, the customer will be informed of the receipt of his order at the e-mail address he has provided. This communication does not constitute acceptance of the customer's offer.
www.suesseseck.at is entitled to withdraw from the contract without giving any special reasons. www.suesseseck.at is free to accept or reject your offer within five working days. In this case, you will also be informed by www.suesseseck.at. If the purchase price has already been paid, a refund will be made immediately.
5. Binding of the customer to his offer
The customer is bound to his order for five days from receipt of this order. The statutory right of revocation/right of withdrawal (see point 13) remains unaffected.
6. Contract Storage
The purchase contract is saved by www.suesseseck.at, but is not accessible to the customer via the online shop. If the customer wants to print out the text of the contract after placing his order, he can proceed as follows: Write an e-mail to confiserie@suesseseck.at and ask for your purchase contract to be sent to you.
7. Contract Language
The contract language is German.
8. Destination Country
If you order from outside Austria, the following import and customs regulations or export regulations apply:
1. When ordering, the customer must always observe the import and customs regulations of the respective country.
2. The customer bears the risk for all consequences arising from the inadmissible shipment of goods abroad, non-compliance with the import and customs regulations of foreign countries (including transit regulations), from the wrong or insufficient copy of the customs declaration, the green customs label or other accompanying documents as well as from non-compliance with the applicable export regulations. This also applies to damage incurred by the sender due to the loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is the customer's responsibility to obtain information from the recipients of the shipments, the foreign missions of the destination or transit countries, the foreign trade offices, the chambers of industry and commerce or other offices.
9. Prices and Shipping Costs
In principle, the prices for the products ordered in the online shop www.suesseseck.at are binding. If the ordered products are no longer available at the price, the customer will be informed within five working days. The prices given by www.suesseseck.at include the value added tax applicable in Austria, but exclude shipping costs (except for orders within Austria with an order value of €40.00 or more), any customs duties, etc.
If there is a price change for an ordered product, you will be informed within five working days. The customer must declare within ten working days whether he wishes to withdraw from the offer or whether he accepts the new price. Otherwise the contract is considered not to have come about.
There is no entitlement to the continuation of special offers.
10. Payment Methods
We accept the following payment methods: PayPal, credit card (Visa, MasterCard and American Express) and offline bank transfer.
11. Maturity / Advance Payment
If no other payment method has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The delivery of the goods takes place only after receipt of the amount on our bank account.
12. Delivery & Shipping
As a rule, your ordered products will be delivered within three working days plus the transport time.
The shipping costs are only included in the purchase price from an order total of € 40.00 within Austria or € 80.00 within Germany and Switzerland. The customer bears the risk and the direct costs of the return shipment. If the contractual right of withdrawal is exercised (see point 13 right of withdrawal/right of withdrawal), the customer must bear the direct costs of the return shipment.
www.suesseseck.at will conclude a freight contract with a subcontractor as freight carrier (parcel shipping, post) in its own name and for its own account. Therefore, the general terms and conditions of the carrier apply between the buyer and www.suesseseck.at.
Unless otherwise agreed, the goods will be shipped to the delivery address you specified during the ordering process.
The transport risk is transferred to you when the goods are handed over to the carrier. Confiserie zum sweeten Eck reserves the right to charge € 20.00 for the costs incurred for packages that are not collected or accepted.
13. Return & Right of Withdrawal / Right of Withdrawal
The term “right of withdrawal” used in Austria corresponds to the term “right of withdrawal” used in Germany and in the Consumer Rights Directive. We therefore use the equivalent pair of terms “right of withdrawal (right of withdrawal)”. In the cancellation policy, only the term "right of cancellation" is used. This is synonymous with the Austrian term "right of withdrawal". Details can be found in the cancellation policy. (see below)
You can withdraw from your order without giving a reason within 14 days of receipt of the goods. It is sufficient if the declaration of withdrawal is sent within the period. The delivered products must be returned undamaged with great care and consideration. The seller can claim compensation if the returned goods are dirty or damaged.
Return: Please inform us within 14 days about the return of your delivered goods. If a returns form is included, be sure to fill out the form properly. The buyer bears the risk and direct costs for the return.
If all of the above conditions are met, the purchase price paid for the returned items will be refunded. The refund will be made by chargeback to your credit card, PayPal account or bank account. If not all of the conditions for exercising the right of return are met, you will be notified by us immediately.
Obligations to reimburse payments in the case of a proper return are fulfilled within 30 days. The period begins with the proper and correct return or delivery of the goods. If the recipient specified in the order does not match the owner of the specified credit card, the payment amount will still be reversed in favor of the cardholder.
Non-existing right of withdrawal (right of withdrawal)
There is no right of withdrawal (right of withdrawal) for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
There is no right of withdrawal (right of withdrawal) for goods that can spoil quickly or whose expiry date would be exceeded quickly.
There is no right of withdrawal (right of withdrawal) for newspapers, magazines or magazines (with the exception of subscription contracts). No right of withdrawal (right of withdrawal)
For goods that are delivered sealed and are not suitable for return for health or hygiene reasons, the right of withdrawal (right of withdrawal) does not apply if the goods were unsealed after delivery.
The right of withdrawal (right of withdrawal) does not apply to goods which, due to their nature, have been inseparably mixed with other goods after delivery.
14. Warranty & Damages
Information, drawings, photos, illustrations, dimensions and performance specifications, etc. that are contained in our online shop or price lists cannot be regarded as binding. We cannot assume any liability for the correctness of this information. Please also note that the representations of products contained in our online shop may differ from the actual appearance; this in particular also due to different screen, graphics and/or printer settings. We can therefore not guarantee or assume any liability for the products presented in our online shop being completely identical to the real thing.
If the delivered goods are defective, the warranty provisions of Austrian law apply. If the goods are defective, we are entitled to replace them, in particular by delivering individual replacement items. Price reduction or conversion can be demanded if the exchange is not possible, involves a disproportionate effort for us, or if we cannot meet your request or cannot meet it within a reasonable period of time. The right to conversion is excluded according to the statutory provisions if the defect is only minor.
Claims for damages by the customer only exist if they are based on intent or gross negligence; this does not apply to personal injury.
Please note that data transfer over the Internet may be subject to certain disruptions given the current state of technology. We can therefore assume no liability for the fact that our online shop is constantly or uninterruptedly available. If there are links to external websites on our online shop, we assume no liability for them. We are not responsible for the content of external websites. We can neither guarantee nor accept liability for the correctness of the information contained on a third-party website.
We do not provide our own guarantees beyond the statutory warranty. The more detailed conditions of any manufacturer guarantees can be found with the respective goods.
15. Other Liabilities
We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence. We are not liable for damage caused by slight negligence. In this case, claims for damages are limited to the foreseeable, typically occurring damage.
16. Default of Acceptance
If the consumer is in default of acceptance, www.suesseseck.at is entitled to store the goods, for which a storage fee of € 2.00 per calendar day or part thereof will be charged. At the same time, www.suesseseck.at remains entitled to insist on the fulfillment of the contract.
17. Retention of Title
The goods remain our property until full payment.
Effect of the retention of title: If the customer defaults on payment, www.suesseseck.at is entitled to assert the rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless www.suesseseck.at expressly declares its withdrawal from the contract.
18. Data processing
The customer agrees that the following personal data, namely name, address, telephone number and e-mail address, will be processed for future "visits" to the online shop and for the personalization of online shop offers.
19. Use of Cookies
We would like to point out that, for the purpose of simplifying the purchasing process and subsequent contract processing, the online shop operator saves the IP data of the user in the context of cookies, as well as the name, address and credit card number of the purchaser. There is no data transfer to third parties, with the exception of the transfer of the credit card number to the bank Raiffeisen Niederösterreich Wien for the purpose of debiting the purchase price.
Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Section 8 (3) Z 4 DSG.
We use Google Analytics for this website, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called "cookies" which are stored on the user's computer and thus enable an analysis of the use of the website. The information generated in this way about the use of the website (including the IP address) is transmitted to a Google server in the USA and stored there. Google uses this information to evaluate the use of the website, to create reports on website activity for the operator of the website and to provide other services in connection with website and internet use. Google may also transfer this information to third parties if required to do so by law or if third parties process this data on Google's behalf. Under no circumstances will Google associate the user's IP address with other Google data. The use of cookies can be prevented by a corresponding setting in the browser software. In this case, however, it is possible that not all functions of the website can be used properly. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
20. Consent to Receive Promotional Emails
The customer agrees to receive news from our company about our products, current offers and other company-related information by means of advertising e-mails, in particular newsletters.
The customer can revoke his consent to receive such emails at any time as follows: Sending the email back to the sender address with the note "Please no further commercial emails".
21. Copyright & Trademarks
All contents of our online shop such as text, graphics, logos, buttons, icons, images, videos, audios, downloads etc. are the property of www.suesseseck.at and are subject to the provisions of Austrian and international copyright and trademark law. This data may not be used in any form without our written consent.
22. Miscellaneous
Any disputes between the contracting parties shall be governed exclusively by Austrian law, excluding the United Nations Convention on Contracts for International Commercial Sale (CISG). The place of jurisdiction is the competent court in Vienna, Austria.
Headings in these Terms and Conditions are for convenience only and do not interpret, limit or limit the respective provisions.
All agreements, subsequent changes to the agreements, supplements, ancillary agreements, etc. must be in writing to be valid.
Contact
Confectionery at the sweet corner
Waehringer Strasse 65
A - 1090 Vienna
Telephone: 004314027974
Fax: 004314027974
Email: confiserie@suesseseck.at
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods;
In order to exercise your right of withdrawal, you must send us (Confiserie zum sweeten Eck, Währinger Straße 65, 1090 Vienna, phone: +43 1 4027974, fax: +43 1 4027974, confiserie@suesseseck.at) a clear statement (e.g letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
To cancel an order, please use the following form:
Imprint
Provider of the products on this page is:
Ms. Gabriele Kornherr
one-man business
confectionery trade
Confectionery at the sweet corner
Waehringer Strasse 65
1090 Vienna
Austria
Telephone: 004314027974
Fax: 004314027974
Email: confiserie@suesseseck.at
VAT no.: ATU12454805
Responsible supervisory authority: Municipal district office, 9th district
Responsible chamber: Vienna Chamber of Commerce, trade division
Trade regulations: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517
Online dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO
The European Commission provides a platform for online dispute resolution (OS platform) at http://ec.europa.eu/consumers/odr/.