General Terms and Conditions for the Webshop of the Im Weissen Rössl am Wolfgangsee Fam. Peter Betriebs Ges.m.b.H.

1. general

1.1. The following General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions between the Im Weissen Rössl am Wolfgangsee Fam. Peter Betriebs Ges.m.b.H.Markt 74, 5360 St. Wolfgang im Salzkammergut, FN 495857 b, (hereinafter referred to as the Seller) as the operator of the webshop www.roesslshop.at (hereinafter referred to as the Webshop) and potential contractual partner of the Seller in the context of orders in the Webshop (hereinafter referred to as the Customer).

1.2. The Seller’s deliveries and services are provided exclusively on the basis of these GTC in the version applicable at the time. Other terms and conditions of customers shall only be accepted if they have been expressly and bindingly agreed to in writing.

1.3. The seller may amend the GTC at any time. Existing customers will be informed of this. Consent to the amendment of the GTC shall be deemed to have been given if the customer continues to contract with the seller.

1.4. Contractual language is German

1.5. Insofar as these GTC provide for the requirement of the written form, this shall generally be complied with by means of an e-mail.

2. ordering process, offer, conclusion of contract

2.1. All information on goods and prices in the web store and during the ordering process by the customer is non-binding.

2.2. The products offered in the webshop do not constitute a legally binding offer. The customer is merely being requested to submit an offer by placing an order.

2.3 Before placing an order, you must enter your registration data as a guest (one-time order) or for registration in the webshop (first name, last name, company (if applicable), street and house number, postal code, city, country, e-mail address, telephone number, VAT ID (if applicable)). After initial registration, only a login with e-mail address and password is required. The customer is obliged to fill in the fields and details provided in the registration and order forms completely and truthfully. An order is only possible if all mandatory fields in the registration and order forms are completed. When placing an order, the desired goods must be selected together with the number/quantity as well as the shipping method and the method of payment, whereby the respective pre-contractual information for consumers in accordance with § 5a KSchG and § 4 FAGG is displayed. The information can be checked in the shopping cart. The customer can only submit an offer via the webshop order form. By clicking on the “Order with obligation to pay” button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

When the offer is sent, the pre-contractual information is deemed to have been provided and these GTCs are deemed to have been agreed for the legal relationship with the seller.

2.4. After sending the order, the customer receives an automatically generated order confirmation about the receipt of the order. This order confirmation does not yet constitute acceptance of the contract. It merely serves to inform the customer that the order has been received by the seller. The customer is obliged to notify us immediately of any obvious errors in the order confirmation and of any discrepancies between the order and the order confirmation.

2.5. The purchase contract is only concluded upon notification of acceptance and delivery. The purchase contract is not saved by the seller. However, the customer can print out the declaration of acceptance together with the essential content of the contract.

2.6. The seller reserves the right to refuse orders without giving reasons.

2.7. Can orders, for example cannot be provided due to delivery problems on the part of the supplier, the customers will be informed of this without delay. Payments already made will be refunded immediately.

2.8. Delivery is only made to consumers within Europe.

2.9. Alcoholic beverages may only be sold to persons over the age of 18. By placing an order, the customer confirms that he or the recipient of the goods is over 18 years of age.

2.10. Commercial resale of the goods by the customer is not permitted.

3. right of revocation (right of withdrawal)

3.1. The customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise the right of withdrawal, the customer must inform the seller by means of a written declaration (by post or email) of your decision to withdraw from this contract to one of the following addresses.

Im Weissen Rössl am Wolfgangsee Fam. Peter Betriebs Ges.m.b.H.
Market 74
5360 St. Wolfgang in the Salzkammergut
e-mail: onlineshop@weissesroessl.at

The customer may use the attached sample cancellation form (Appendix 1 of the GTC) for this purpose, which is, however, not mandatory.

In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the expiry of the revocation period.

3.2. If the customer withdraws from this contract, the seller shall reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by the seller), without undue delay and in any event not later than 14 days from the day on which the seller is informed about your decision to withdraw from this contract.

For this repayment, the same means of payment will be used that you used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this repayment. The seller may refuse to refund the customer until the goods have been returned or until proof has been provided that the goods have been returned, whichever is the earlier.

The customer must return the goods to the seller immediately and in any case no later than fourteen days from the day on which he informed the seller of the revocation of this contract to the seller’s address Im Weissen Rössl am Wolfgangsee Fam. Peter Betriebs Ges.m.b.H., Markt 74, 5360 St. Wolfgang im Salzkammergut, to be returned.

The time limit shall be deemed to have been observed if the goods are dispatched before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.

The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

3.3 The customer forfeits his right of withdrawal if, in the case of sealed products (sealed plastic packaging), the seal/the plastic seal has been removed after delivery. This results according to § 18 para. 1 Z 5 FAGG for reasons of health protection and hygiene.

3.4. There is no right of withdrawal for goods that can spoil quickly or whose expiry date would be quickly exceeded.

3.5. The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs or that are not suitable for return due to their nature.

4. terms of payment and delivery

4.1. The prices quoted are valid at the time of ordering and include VAT. Settlement shall be made in euro. Only the methods of payment offered within the framework of the order are accepted.

4.2. If separate shipping costs are added to the stated price of an item, then a corresponding note is made during the ordering process. The shipping costs are calculated and quoted during the ordering process and are to be paid by the customer.

4.3. The seller accepts the following payment methods: prepayment, credit cards mentioned in the order process, PayPal and Payone Payment. If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. Payment is due immediately. The goods will only be delivered after the amount has been credited to our bank account. The above listed credit cards will be charged when the order is dispatched. No credit card data of any form will be saved. The credit card data will not be stored in any form.

4.4. In the case of delivery to a non-EEA country, the customer shall bear all import and export charges, including any customs duties, fees and charges.

4.5. The seller is only obliged to perform the service as soon as the customer has fulfilled all his obligations required for performance. Unless otherwise agreed, the seller will dispatch the ordered goods within 1-3 working days after receipt of payment. Any statements of delivery dates are non-binding. Non-compliance with the delivery dates shall in any case only entitle the customer to assert the right of withdrawal if the seller does not carry out the delivery despite setting a grace period of at least 2 weeks in writing. The delivery period shall be extended by the duration of the hindrance due to all circumstances beyond the control of the party, e.g. cases of force majeure (superior force), unforeseeable operational disruptions, official intervention, delay in transport and customs clearance, transport damage, rejects of important production parts and labour disputes. Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery shall be deemed a separate transaction and may be invoiced separately by the Seller. The risk of accidental loss and accidental deterioration shall pass to the customer upon handover to the transport/delivery company which is commissioned with the delivery.

5 Warranty / Compensation / Liability

5.1. The statutory regulations apply to warranty claims.

5.2. The seller shall only be liable for damages caused by intent or gross negligence. Liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential damages, financial losses, unrealized savings, loss of interest and damages from third-party claims against the customer is excluded, unless caused by the seller intentionally or through gross negligence.

5.3. The seller shall not be liable for damage caused by improper handling and improper use of the goods.

6. reservation of title and prohibition of set-off

6.1. The seller retains title to the purchased goods until the purchase price has been paid in full; any transfer of the goods while the retention of title is in force is expressly prohibited.

6.2. The customer is not entitled to offset claims against the seller against the purchase price or shipping costs. However, this prohibition of compensation shall not apply in the event of the Seller’s insolvency or for such counterclaims which are legally connected with the contract in question and which have been established by a court or expressly recognized by the Seller.

7. intellectual property rights

7.1. The website operated by the seller and all of its content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and/or registered designs are protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trademarks and/or registered or unregistered design rights.

7.2. All news, graphics and the design of the website are exclusively for the personal information of the customer. The use is at your own risk. Reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with the seller as the operator of the virtual store. Any use outside of the selection and purchase of goods requires the prior written consent of the seller or, if the respective rights are not held by the seller, of the rights holder. Any further processing, duplication, distribution and/or public reproduction exceeds the normal use and constitutes an infringement of copyright.

7.3. In the case of custom-made products or orders outside the existing product range, the Vendor assumes that the Customer has ascertained the non-existence of third-party property rights. If the Seller manufactures articles according to drawings or original samples of a customer, the Seller shall not be liable for any rights, in particular no industrial property rights of third parties. The customer undertakes to indemnify and hold the seller harmless in the event of infringement of third-party rights.

8. final provisions

8.1. The place of fulfillment is St. Wolfgang im Salzkammergut, Austria.

8.2. Insofar as this does not conflict with mandatory statutory provisions, Austrian law shall expressly apply to this contract; the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: The competent court at the registered office of the seller shall have jurisdiction.

8.3. If any provision of these terms and conditions is invalid or unenforceable, the validity of the remainder of these terms and conditions shall not be affected. In such case, the invalid or unenforceable provisions shall be replaced by such valid and enforceable provisions as are legally and economically closest to the purpose of the provisions to be replaced.

8.4. These GTC are available at www.roesslshop.at. In addition, this document can be printed or saved. The customer can also additionally archive the general terms and conditions as well as the data of the order by either downloading the general terms and conditions and saving the data summarized on the last page of the order process in the Internet shop with the help of the functions of the browser.

9. complaints/dispute resolution

The customer service department (email: onlineshop@weissesroessl.at) is available for complaints. The seller does not participate in a system for alternative dispute resolution. The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. The platform can be found at: http://ec.europa.eu/odr The seller is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Appendix 1:

Cancellation form
If you want to cancel the contract, please fill out this form and send it back.

To:
Im Weissen Rössl am Wolfgangsee Fam. Peter Betriebs Ges.m.b.H.
Market 74
5360 St. Wolfgang in the Salzkammergut
e-mail: onlineshop@weissesroessl.at

I hereby revoke the contract I have concluded for the purchase of the following goods

Ordered on Received on
Invoice Number:
Reason for the
Return:

Name:
Address:

Date: Signature:
(only required for paper communication)