Conditions

 General terms and conditions of sale and delivery for the web shop of GMS GOURMET GmbH

1. Validity of the General Terms and Conditions

These General Terms and Conditions of Sale and Delivery (“GTC”) apply in the version valid on the day of the order for all contracts concluded via the web shop https://eshop.gerstner-konditorei.at/ between GMS GOURMET GmbH, based at Oberlaaer Straße 298, 1230 Vienna (“Gourmet”) and the customer (“you” or “customer”).

2. Acknowledgment of the GTC

By placing the order, the customer expressly agrees to these GTC and is bound by them.

Provisions in contract forms and other terms and conditions of the customer (e.g. terms of purchase/payment) that contradict these terms and conditions are fully invalid, regardless of whether, when and in what form Gourmet is made aware of them. Deviating agreements to individual provisions of these General Terms and Conditions are only effective for these and require prior written confirmation by Gourmet to be valid. Silence regarding the customer's terms and conditions does not constitute consent.

3. Conclusion of contract

Gourmet reserves the right to change the content of the respective range of services at any time. Such changes do not affect contracts that have already been concluded. All Gourmet offers in the web shop are non-binding and should be understood as an invitation to the customer to make an offer themselves.

You can initially place the goods contained in the web shop in the shopping cart without obligation and correct your entry at any time before sending your binding order by using the correction aids provided and explained in the ordering process. By clicking on the "Buy" order button, you place a binding order (offer) for the goods contained in the shopping cart.

You are obliged to truthfully fill in the fields or information provided in the order form. An order is only possible if all fields (marked with an asterisk) are filled out.

Upon acceptance of your order, you will receive an order confirmation from us by e-mail, which you can print out using the "Print" function.

The contract comes into effect when Gourmet confirms the order.

4. Prices

All prices in the web shop are given in euros and include the statutory sales tax. Packaging and shipping costs, if any, are calculated and shown separately.

The agreed price for the ordered goods is the price that can be seen in the web shop at the time the order is placed.

5. terms of payment

The means of payment specified in the web shop are available.

Online payments are processed via the payment partner app Wallee (https://app-wallee.com/) processed according to current security standards (integration of the online payment system from App Wallee). The customer's means of payment account is debited when the order is sent (advance payment). If the contract for an order does not come about for the customer, the corresponding amount will be credited back to the means of payment account.

6. Retention of Title

The goods delivered by us remain the property of Gourmet until the purchase price including all ancillary fees has been paid in full.

 7. Orders, terms of delivery

7.1.      The respective delivery or collection date is specified in the web shop. Deliveries are only possible within the territory of the European Union.

The indication of delivery times is subject to unforeseen obstacles, especially in cases of force majeure. The delivery periods are extended by the duration of the obstacles caused by all obstacles for which Gourmet is not responsible, such as unforeseeable operational disruptions, force majeure, delays in transport and customs clearance, etc. In any case, claims for damages or cancellation of the contract due to late delivery are excluded. 

If the delivery option is specified in the web shop for the respective order and this option has been selected by the customer, delivery will be made to the delivery address specified by the customer for the respective order.

7 a) Contracts with consumers according to § 1 KSchG in conjunction with § 7b KSchG:

When the goods are shipped, the risk of loss of or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier.

However, if the consumer has concluded the contract of carriage himself, the risk passes to the carrier as soon as the goods are handed over.

 7 b) Contracts with entrepreneurs:

If the customer is an entrepreneur, the goods are delivered at his own risk.

 7.2. Purchase of vouchers, Print@Home

Vouchers can be purchased by the customer for the voucher amounts specified in the web shop and can be downloaded directly by the customer after payment has been made. In addition, the customer receives an e-mail with a link to the purchased vouchers. The vouchers are printed out by the customer himself. The customer is responsible for keeping the voucher template confidential. Gourmet is not liable for misuse of the voucher template. Each voucher can only be redeemed once. The vouchers are valid immediately after purchase.

Vouchers you can find in our online shop https://eshop.gerstner-konditorei.at purchase, entitle you to redeem them for goods in this web shop or directly in our branch GERSTNER K.u.K Hofzuckerbäcker, Kärntner Straße 51, 1010 Vienna, at the nominal value of the vouchers. The vouchers cannot be paid out in cash.

To redeem a voucher, please hand the voucher in at the above-mentioned branch directly at the cash desk or, when ordering in the online shop, enter the voucher code printed on the voucher in the "Redeem voucher" area.

If the contract for an order is not concluded for the customer, the voucher code will be activated again and will not lose its validity or the (partial) amount debited will be credited again.

8. Warranty and Compensation
8. a) Contracts with consumers in accordance with § 1 KSchG in conjunction with § 7b KSchG:

The statutory warranty provisions apply to consumers.

1. b) Contracts with entrepreneurs:

We provide a warranty of 6 months from delivery to entrepreneurs.

The customer must check the delivered goods immediately after delivery within the meaning of § 377 UGB for completeness, correctness and freedom from defects and any defects immediately, but no later than five working days after receipt of the goods or service, otherwise all loss of - with a proper to complain in writing of any claims to which we are entitled for inspection. The customer must also report any defects that occur later in writing, otherwise warranty claims and claims for damages for such defects are excluded. Improper storage, handling or processing after the goods have been handed over to the customer excludes any warranty.

Claims for damages against Gourmet are excluded in cases of slight negligence within the framework of the statutory provisions - in particular the provisions of the Consumer Protection Act (KSchG). Liability for damage resulting from injury to life, limb and health, or insofar as liability is mandatory under the Product Liability Act, remains unaffected.

9. Right of withdrawal - cancellation policy

Entrepreneurs have no right of withdrawal.

It is expressly pointed out that according to § 18 FAGG the consumer has no right of withdrawal

• for goods that are made to customer specifications or are clearly tailored to personal needs (§ 18 Para. 1 Z 3 FAGG)
• for goods that can spoil quickly or whose expiry date would soon be exceeded (§ 18 Para. 1 Z 4 FAGG)
• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (§ 18 Para. 1 Z 5 FAGG)
• in the case of vouchers for which a certain point in time or period is contractually provided for the fulfillment of the contract by the entrepreneur (§ 18 Para. 1 Z.10 FAGG.) There is no right of withdrawal from the contract if you already use the voucher before the above-mentioned 14-day period has expired have consumed.

9.1. Right of withdrawal – right of withdrawal for consumers

You have the right to revoke this contract within fourteen days without giving reasons (§ 11 FAGG)

9.1.1. The cancellation period begins

in sales contracts and other contracts aimed at the purchase of goods against payment

1. a) on the day on which the consumer or a third party named by the consumer who is not acting as a carrier obtains possession of the goods last delivered (§ 11 Para. 2 Z 2 lit. a) FAGG)
2. b) if the consumer has ordered several goods as part of a single order, which are delivered separately, on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods last delivered (§ 11 Para. 2 Z 2 lit. b) FAGG)
3. c) in the case of delivery of goods in several partial consignments, on the day on which the consumer or a third party named by the consumer who is not acting as a carrier obtains possession of the last partial consignment (§ 11 Para. 2 Z 2 lit. c) FAGG)

In order to exercise your right of withdrawal, you must inform us

GMS GOURMET GmbH

Gerstner K.u.K. Hofzuckerbäcker

Kaerntnerstrasse 51

1010 Vienna

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form (Annex I Part B FAGG), which 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.

9.1.3. Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of 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.

In the case of sales contracts in which we have not offered to pick up the goods ourselves in the event of cancellation, we can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, depending whichever is earlier.

If you have received goods in connection with the contract, you must send them back or hand them over 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.

If a voucher is revoked, the voucher code printed on the voucher loses its validity. Gourmet will reimburse you for the entire unused portion of the voucher amount to the means of payment used for payment.

9.1.4. withdrawal form

(If you want to revoke the contract, please fill out this form and send it back)

- An

GMS GOURMET GmbH

Gerstner K.u.K. Hofzuckerbäcker

Kaerntnerstrasse 51

1010 Vienna

Fax: +43 1 31665 4201
Email: konditorei@gerstner.at
 

 I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)  

-Ordered on (*)/received on (*)

-Name of consumer(s)

-Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

-Datum

(*) Delete where not applicable.

[Download: cancellation form]

 

10. Copyright

Gourmet reserves all rights, in particular trademark rights and copyrights, to the entire content of this website, in particular to brands, logos, texts, graphics, photographs and layout. Insofar as use is not mandatory, any use of the content of this website, in particular storage in databases, duplication, distribution or processing, requires the express written consent of Gourmet.

11. General, place of performance, place of jurisdiction

Should individual points of these general terms and conditions be wholly or partially invalid due to mandatory statutory provisions, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them.

Changes and/or additions to these general terms and conditions of sale and delivery require written confirmation and signature by GMS GOURMET GmbH.

The place of performance for deliveries and payment is Vienna.

The exclusive place of jurisdiction for deciding on all disputes arising from or in connection with these General Terms and Conditions of Sale and Delivery and the contracts concluded on the basis of them is the competent court in Vienna or, for consumers, the court responsible for their place of residence.

Austrian substantive law applies exclusively, to the exclusion of reference standards. The application of the UN Sales Convention and the IPRG is expressly excluded.

Mandatory rights of consumption under the KSchG or other provisions are not restricted by these General Terms and Conditions.

12. Information about alternative dispute resolution

We undertake to participate in the arbitration procedure of the Internet ombudsman in the event of a dispute: https://www.ombudsstelle.at/

For more information on the types of procedure, see https://www.ombudsstelle.at/ or in the respective procedural guidelines:

Procedural guidelines of the Internet ombudsman for alternative dispute resolution under the AStG (AStG arbitration procedure)

https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_AStG-Verfahren.pdf

Guidelines for the arbitration procedure at the Internet ombudsman outside the scope of AStG (standard procedure) 

https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_f%C3%BCr_das_Standard-Verfahren.pdf

The OS platform can also be used to settle disputes with our company: Link to the OS platform

https://ec.europa.eu/consumers/odr

Our email address: konditorei@gerstner.at

GMS GOURMET GmbH

Stand: 18.08.2023