Terms and Conditions

for the webshop of Familie Peter Hotel Weisses Rössl GmbH

1. general

1.1 The following general terms and conditions (abbreviated as AGB) apply to all legal transactions between the family Peter Hotel Weisses Roessl GmbH, market 74, 5360 St. Wolfgang im Salzkammergut, FN 495857 b, (briefly referred to as the seller) as the operator of the web store www.roesslshop .at (short referred to as webshop) and possible contractual partners of the seller in the context of orders in the webshop (short referred to as customer).

1.2. The deliveries and services of the seller are made exclusively on the basis of these GTC in the currently applicable version. Other terms and conditions of customers are only accepted if they have been expressly agreed in writing and binding.

1.3. The seller can change the terms and conditions at any time. Existing customers will be informed. The agreement to change the terms and conditions is considered granted if the customer continues to contract with the seller.

1.4. The contract language is German.

1.5. If these Terms and Conditions provide for the requirement of written form, this will generally be met by an e-mail.

2. order process, offer, conclusion of contract

2.1. All information on goods and prices in the web store as well as in the context of the ordering process by the customer are not binding.

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

2.3. Before placing an order, the user has to enter the login data as a guest (one-off order) or for registration in the webshop (first name, last name, company (if applicable), street and house number, zip code, city, country, e-mail address, Phone number, VAT ID (if applicable)). After initial registration, only registration with email address and password is required. The customer is obliged to complete the fields and / or information provided in the registration and order forms completely and truthfully. An order is only possible if all mandatory fields contained in the registration / registration and order forms are completed. When ordering, the selection of the desired goods, including quantity / quantity and the choice of shipping method and the type of payment must be made, the respective pre-contractual information for consumers in accordance with § 5a KSchG and § 4 FAGG are displayed. A possibility of checking the information is in the shopping cart. The customer can submit his offer exclusively via the order form of the webshop. By clicking on the button “Order for payment”, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

By submitting the offer, the pre-contractual information is deemed to have been provided and these GTC as agreed for the legal relationship with the seller.

2.4. After submitting the order, the customer receives an automatically generated order confirmation about the receipt of the order. This order confirmation does not constitute an acceptance of the contract. It merely serves to inform the customer that the order has been received by the seller. The customer is obligated to inform immediately obvious errors in the order confirmation as well as deviations between the order and the order confirmation.

2.5. The purchase contract is only concluded with the notification of acceptance and delivery. The sales 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. If, for example, orders cannot be delivered due to delivery problems of the supplier, the customers will be notified immediately. Already made payments will be refunded immediately.

2.8. Delivery will be made to consumers within Europe only.

2.9. The sale of alcoholic beverages takes place only to persons over 18 years. By placing the order, the customer assures that this or the recipient of the goods is older than 18 years.

2.10. A commercial resale of the goods by the customer is not permitted.

3. right of withdrawal (right of withdrawal)

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

In order 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 cancel this contract to one of the following addresses.

Family Peter Hotel Weisses Rössl GmbH
Market 74
5360 St. Wolfgang im Salzkammergut
e-mail: onlineshop@weissesroessl.at

The customer can use the enclosed model withdrawal form (Annex 1 of the GTC), but this is not mandatory.

To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period is sent.

3.2. If the customer cancels this contract, the seller has to pay to the customer all payments that it has received from him, including the delivery costs (except for the additional costs that result from having a different type of delivery than that of the seller offered, cheapest standard delivery was chosen), immediately and at the latest within fourteen days from the day on which the notice of your revocation of this contract was received by the seller.

This repayment will be made using the same means of payment as you used in the original transaction, unless otherwise expressly agreed; in no case will charges be charged for this repayment. The Seller may refuse to repay it until it has received the goods back or until evidence has been provided that the goods have been returned, whichever is the earlier.

The customer has the goods immediately and in any event not later than fourteen days from the date on which he informed the seller about the revocation of this contract to the seller at their address Family Peter Hotel Weisses Roessl GmbH, Markt 74, 5360 St. Wolfgang in the Salzkammergut, to be returned.

The deadline is met if the goods are dispatched before the expiry of the period of fourteen days. The customer bears the immediate costs of returning the goods.

The customer only has to pay for a possible loss in value of the goods, if this loss of value is due to a handling which is not necessary for the examination of the condition, characteristics and functioning of the goods.

3.3 The customer forfeits his right of withdrawal if, for sealed products (sealed plastic packaging), the seal / plastic seal has been removed after delivery. This follows gem. § 18 para. 1 no. 5 FAGG for reasons of health protection and hygiene.

3.4. For goods that can spoil quickly or whose expiration date would be exceeded quickly, there is no right of withdrawal.

3.5. The right of revocation does not apply to goods that are made to customer specifications that are clearly tailored to personal needs or that are not suitable due to their nature for a return.

4 Terms of payment and delivery

4.1. The prices quoted are valid at the time of the order including VAT. Payment must be made in euros. Only the payment methods offered in the order will be accepted.

4.2. If separate shipping costs are charged to the specified price of a product, then a note is made during the ordering process. The shipping costs are calculated and stated as part of the ordering process and are to be borne by the customer.

4.3. The seller accepts the following payment methods: advance payment, credit cards used in the order process, PayPal and Payone Payment. If no other payment method has been agreed, the customer undertakes to pay in full for the purchase price already at the conclusion of the contract. The payment is due immediately. The delivery of the goods takes place only after receipt of the amount on our bank account. The specified credit card will be charged immediately after sending the order. The credit card details are not stored in any form.

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

4.5. The seller is obliged to perform the service only as soon as the customer has fulfilled all his obligations, which are necessary for the execution. Unless otherwise agreed, the seller brings the ordered goods within 1-3 business days after receipt of payment in the shipping. Any details of delivery dates are not binding. Non-compliance with the delivery dates only entitles the customer to assert the right of withdrawal, if the seller does not perform the delivery despite a written confirmation of a grace period of at least 2 weeks. The delivery period is governed by all party-independent circumstances, such as Cases of force majeure, unpredictable breakdowns, official interventions, late transport and customs clearance, transport damage, labor disputes, extended by the duration of the hindrance. As far as partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate business and can be invoiced separately by the seller. The risk of accidental loss and accidental deterioration passes to the customer upon transfer to the transport / delivery company charged with the delivery.

5 Warranty / Damages / Liability

5.1. For the warranty claims the legal regulations apply.

5.2. The seller is only liable for damages caused by intent or gross negligence. The liability for damages caused by slight negligence is excluded. This liability limitation does not apply to personal injury. The replacement of the consequential damages, financial losses, unrealized savings, interest losses and damages of claims of third parties against the customer is excluded, unless it was caused by the seller intentionally or grossly negligent.

5.3. For damage due to improper handling and improper use of the goods liability of the seller is excluded.

6. retention of title and set-off

6.1. The seller reserves ownership of the purchased items until full payment of the purchase price; any transfer of the goods during upright retention of title is expressly prohibited.

6.2. The customer is not entitled to offset claims against the seller with the purchase price or the shipping costs. However, this prohibition on compensation shall not apply in the event of Seller’s inability to pay or for such counterclaims which are legally connected with the subject contract and which have been judicially determined or explicitly acknowledged by the Seller.

7 Intellectual property rights

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

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

7.3. For custom-made products or orders outside of the existing product range, the seller assumes that the customer has made sure that third-party property rights have not materialized. If the seller makes articles according to drawings or original samples of a customer, the seller is not liable for any rights, in particular no third-party property rights. The customer undertakes in a case of infringement of the rights of third parties to indemnify and hold the seller harmless.

8. final provisions

8.1. Place of performance is St. Wolfgang im Salzkammergut, Austria.

8.2. Insofar as mandatory statutory provisions do not preclude this, Austrian law is expressly applicable to this contract; the application of UN sales law is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: the competent court is the competent court at the registered office of the seller.

8.3. Should individual provisions of these terms and conditions be invalid or unenforceable, the validity of the remainder of these terms and conditions shall remain unaffected. The invalid or unenforceable provisions in this case will be replaced by such valid and enforceable provisions, which come closest to the purpose of the legally and economically to be replaced.

8.4. These terms and conditions are available at www.roesslshop.at. In addition, this document can be printed or saved. The customer can also additionally archive the terms and conditions and the data of the order by either downloading the terms and conditions and storing the data summarized on the last page of the ordering process in the Internet store using the functions of the browser.

9 Complaints / Dispute Resolution

For complaints the customer service is available (email: onlineshop@weissesroessl.at). The seller does not participate in an alternative dispute resolution system. For out-of-court settlement of consumer disputes, the European Union has set up an online platform (“OS platform”). The platform can be found at: http://ec.europa.eu/odr The seller is not obliged and unwilling to participate in a dispute settlement procedure before a consumer dispute resolution body.

Annex 1:

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

To:
Family Peter Hotel Weisses Rössl GmbH
Market 74
5360 St. Wolfgang im Salzkammergut
e-mail: onlineshop@weissesroessl.at

I hereby revoke my contract for the purchase of the following goods

Ordered on received on
Bill number:
reason of
Return:

Surname:
Address:

Date, signature:
     (only required on paper)