Shipping policy
Further information on shipping can also be found here.
General terms and conditions of sale and delivery for the web shop of GMS GOURMET GmbH
- Validity of the general terms and conditions
These general terms and conditions of sale and delivery ("GTC") apply in the version valid on the date of the order to all contracts concluded via this web shop https://eshop.gerstner-konditorei.at/ between GMS GOURMET GmbH, which has its registered office at Oberlaaer Straße 298, 1230 Vienna ("Gourmet"), and the customer ("you" or "customer").
- Acknowledgement of the GTC
By placing an order, the customer expressly agrees to these GTC and is bound by them.
Any provisions in the customer's contract forms and other terms and conditions (e.g. conditions of purchase/payment) that conflict with these GTC are invalid, regardless of whether, when and in what form they are brought to Gourmet's attention. Any agreements deviating from individual provisions of these GTC are only valid for these and require the prior express and written confirmation of Gourmet in order to be valid. Maintaining silence about terms and conditions of the customer is not deemed consent.
- Contract conclusion
Gourmet reserves the right to change its service offering at any time. Such changes do not affect contracts already concluded. All offers made by Gourmet in this web shop are non-binding and are to be understood as an invitation to the customer to make an offer themselves.
You can put the goods listed in this web shop into the shopping cart without obligation and correct your entry at any time before submitting a binding order by using the correction aids that are provided and explained as part of the order process. By clicking the order button ("buy"), you place a binding order (offer) of the items contained in the shopping cart.
You are obliged to truthfully fill in the fields provided in the order form. An order can only be placed if all fields (fields marked with an asterisk) are completed.
We will send you a confirmation email once we have accepted your order, which you can print out using the "print" function.
The contract is concluded once Gourmet has confirmed the order.
- Prices
All prices in this web shop are quoted in euros and include VAT. If there are any packaging or shipping costs, these will be charged and shown separately.
The price listed in this web shop at the time of the order applies.
- Terms of payment
The payment methods available are those listed in the web shop.
Online payments are processed via the App Wallee (https://app-wallee.com/) payment partner according to current security standards (integration of the online payment system of App Wallee). The customer's account will be debited as soon as the order has been placed (prepayment). If a contract for an order is not concluded for a customer, the corresponding amount will be credited back to your payment method account.
- Reservation of title
The goods delivered by us remain the property of Gourmet until full payment of the purchase price including all ancillary charges.
- Order, terms of delivery
7.1. The delivery or pick-up date is indicated in the web shop. Deliveries are possible only within the territory of the European Union.
Delivery times apply subject to unforeseen obstacles, especially force majeure. The delivery times are extended by the duration of obstacles not attributable to Gourmet, such as unforeseeable operational disruptions, force majeure, transport or customs delays, etc. In any case, claims for damages or cancellation of the contract due to late delivery are excluded.
If there is a delivery option mentioned in the web shop and this option has been selected by the customer, it will be delivered to the address specified by the customer for that order.
a) Contracts with consumers pursuant to Section 1 of the KschG (consumer protection law) in conjunction with Section 7b of the KSchG:
The risk of loss or damage to the goods only transfers to the consumer once the goods are delivered to the consumer or to a third party other than the carrier as specified by the consumer.
However, if the consumer concluded the transportation contract themselves, the risk transfers as soon as the goods are handed over to the carrier.
b) Contracts with entrepreneurs:
If the customer is an entrepreneur, the delivery of the goods is at their risk.
7.2. Purchase of vouchers, Print@Home
Customers can purchase vouchers for the amounts listed in the web shop and they can be downloaded as soon as payment as been made. The customer will also receive an email with a link to the purchased vouchers. The vouchers are printed by the customer. The customer is responsible for keeping the voucher template confidential. Gourmet is not liable for the misuse of the voucher template. A voucher can be redeemed only once. The vouchers are valid immediately after purchase.
Vouchers purchased in our online shop at https://eshop.gerstner-konditorei.at entitle you to redeem them for goods in this web shop or in our branch at GERSTNER K.u.K Hofzuckerbäcker, Kärntner Straße 51, 1010 Vienna at the nominal value of the vouchers. Vouchers cannot be paid out in cash.
To redeem a voucher, please hand in the voucher to the staff at the cash desk in the above-mentioned branch or enter the voucher code printed on the voucher in the "redeem voucher" section when placing an order in the online shop.
Should a contract for an order for the customer not be concluded, the voucher code will be reactivated and will not lose its validity or the debited (partial) amount will be credited to you.
- Warranty and compensation
a) Contracts with consumers pursuant to Section 1 of the KschG (consumer protection law) in conjunction with Section 7b of the KSchG:
The statutory warranty regulations apply vis à vis customers.
b) Contracts with entrepreneurs:
We provide a warranty to entrepreneurs for 6 months from delivery.
The customer must immediately inspect the delivered goods upon delivery in terms of completeness, accuracy and absence of defects in accordance with Section 377 of the Austrian commercial code (UGB) and must report any defects in writing without delay, but at the latest within five working days after receipt of the goods or service. Failure to do so will result in the loss of all claims arising from defects that would have been detected upon proper inspection. The customer must also give written notice of any defects that occur later, otherwise warranty claims and claims for damages for such defects are excluded. Improper storage, handling or preparation of the products after their handover to the ordered excludes any warranty.
Claims for damages against Gourmet are excluded in cases of slight negligence within the scope of legal regulations – especially the provisions of the consumer protection law (KSchG). Liability for damages resulting from injury to life, body and health remains unaffected, or where there is mandatory liability under the product liability law.
- Right of withdrawal - cancellation clause
There is no right of withdrawal for entrepreneurs.
It is expressly pointed out that according to Section 18 of the FAGG the consumer has no right to withdraw from the contract
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs (Section 18 para. 1 Z 3 of the FAGG);
- for goods that can spoil quickly or whose expiration date would be quickly exceeded (Section 18 para. 1 Z 4 of the FAGG)
- in the case of goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (Section 18 (1) (5) of the FAGG)
- in the case of vouchers for which a specific point in time or period of time is contractually stipulated for the fulfilment of the contract by the entrepreneur (Section 18 para. 1 line 10 of the FAGG.) There is no right of withdrawal from the contract if you have redeemed the voucher before the expiry of the above-mentioned 14-day period.
9.1. Cancellation clause – right of cancellation for consumers
You have the right to withdraw from this contract within fourteen days without giving a reason (Section 11 of the FAGG)
9.1.1. The period for revocation begins
in the case of purchase contracts and other contracts for the acquisition of goods
a) on the day on which the consumer, or a third party named by the consumer who is not the carrier, takes possession of the last delivered item (Section 11 para. 2 no. 2 lit. a) of the FAGG).
b) if the consumer placed a single order ordered of several goods that are delivered separately, on the day on which the consumer, or a third party named by the consumer who is not the carrier, takes possession of the last delivered item (Section 11 para. 2 no. 2 lit. b) of the FAGG).
c) in the case of delivery of an item in several partial shipments, on the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the last partial shipment (Section 11 para. 2 no. 2 lit. c) of the FAGG).
To exercise your right of withdrawal you have to send us,
GMS GOURMET GmbH
Gerstner K.u.K. Hofzuckerbäcker
Kärntnerstraße 51
1010 Vienna
a clear declaration regarding your decision to withdraw from the contract (e.g. by posted letter or email). You may use the attached sample withdrawal form (Annex I Part B of the FAGG) , but this is not mandatory.
To comply with the withdrawal period, it is sufficient for the notification regarding your exercise of the right of withdrawal to be sent before the deadline.
9.1.3. The consequences of a withdrawal
If you withdraw from this contract, we must return all payments received from you, including shipping costs (except any additional costs arising from the fact that you have selected a delivery method other than our cheap standard delivery), immediately and no later than within fourteen days from the date on which the notification regarding your withdrawal from this contract has been received by us. For this refund we use the same means of payment you used for your original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
In the case of purchase contracts where we have not offered to collect the goods ourselves in the event of a revocation, we have the right to refuse payment until we have received the goods or until you have provided proof that the goods have been sent back, whichever is earlier.
If you have received goods in connection with the contract, you must return the goods to us by post or in person immediately and in any case no later than within fourteen days from the date on which you have notified us about your withdrawal from the contract. The deadline is deemed adhered to if you post the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.
In case of a withdrawal of vouchers, the code printed on the voucher ceases to be valid. Gourmet will refund the entire unused part of the voucher amount via the payment method used for payment.
9.1.4. Withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it)
- To
GMS GOURMET GmbH
Gerstner K.u.K. Hofzuckerbäcker
Kärntnerstraße 51
1010 Vienna
Fax: +43 1 31665 4201
Email: konditorei@gerstner.at
I/we (*) hereby withdraw from 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 the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of notification on paper)
-Date
(*) Please delete as applicable.
- Copyright
Gourmet reserves all rights, in particular trademark rights and copyrights, to the entire content of this website, in particular to trademarks, logos, texts, graphics, photographs and layout. Unless usage is expressly permitted by law, any use of the contents of this website, in particular its storage in databases, reproduction, distribution or processing, requires the express written consent of Gourmet.
- General matters, place of performance, place of jurisdiction
If individual points of these general terms and conditions are wholly or partially invalid due to mandatory legal provisions, this does not affect the validity of the remaining provisions and the contracts concluded on their basis.
In any case, amendments and/or supplements to these general terms and conditions of sale and delivery require the written confirmation and signature of GMS GOURMET GmbH.
Place of performance for deliveries and payment is exclusively Vienna.
The exclusive place of jurisdiction for all disputes arising from or in connection with these general terms and conditions of sale and delivery and the contracts concluded on their basis is the materially competent court in Vienna or, for consumers, the court at their place of residence.
Austrian substantive law applies exclusively to the exclusion of conflict of law provisions. The application of the UN Sales Law and the IPRG (International Private Law Act) is expressly excluded.
Mandatory rights of a consumer under the KschG (consumer protection law) or other provisions are not restricted by these general terms and conditions.
- Information on alternative dispute resolution
We commit to participating in the conciliation process of the Internet Ombudsman in case of disputes: https://www.ombudsstelle.at/
For more information on the types of procedures, please visit https://www.ombudsstelle.at/ or see the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman for alternative dispute resolution according to the AStG (AStG conciliation procedure).
https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_AStG-Verfahren.pdf
Guidelines for the conciliation procedure at the Internet Ombudsman outside the scope of the AStG (standard procedure)
For the resolution of disputes with our company, the OS platform can also be used: Link to the OS platform
https://ec.europa.eu/consumers/odr
Our email address: konditorei@gerstner.at
GMS GOURMET GmbH
Last updated: 18/08/2023
