General Terms and Conditions (GTC), cancellation policy & cancellation form, data protection HAWIENERO – Mario Katzler valid from September 6th, 2018
SCOPE
1.1 These general terms and conditions apply to the sale and delivery of goods by HAWIENERO - Mario Katzler, sole proprietorship (hereinafter referred to as "HAWIENERO") with the company headquarters and business address in 1220 VIENNA, Egon - Haug - Gasse 5 Haus 1.
1.2 The General Terms and Conditions can be changed by HAWIENERO at any time and apply in the version current at the time the customer places the order.
1.3 Deviating terms and conditions are not valid unless HAWIENERO has agreed to them in writing or by e-mail before accepting the order.
1.4 By placing an order, the customer agrees to these General Terms and Conditions.
1.5 The customer's order represents a binding offer. HAWIENERO accepts the customer's offer by actually delivering the ordered goods. HAWIENERO is entitled to reject an order without giving reasons.
PRICES AND SHIPPING COSTS
2.1 The prices offered for the goods are gross prices in euros and include all statutory taxes and duties for domestic deliveries. However, the prices offered do not include any packaging and shipping costs.
2.2 The prices stated in price lists are always non-binding, unless expressly stated otherwise in individual cases. The prices for repeat orders are also non-binding.
2.3 The prices are based on the costs at the time the price was first quoted. Should the costs change by the time the buyer places an order, HAWIENERO is entitled to adjust the prices accordingly. The binding prices are displayed in the Internet online shop after the correct selection in the shopping cart.
2.4 All shipping costs are borne by the buyer. The delivery costs are displayed when ordering in the Internet online shop after the correct selection in the shopping cart.
PAYMENT AND DEPOSITS
3.1 The purchase price is to be paid in advance. Either by credit card, Paypal, cash on delivery or cash on pickup. This also applies to partial deliveries, where the purchase price for the partial quantities delivered has to be paid.
3.2 HAWIENERO retains title to all goods until the purchase price including ancillary fees has been paid in full.
3.3 Payments to HAWIENERO staff will only be recognized if they are confirmed with a cash receipt. This provision does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.
PASSING OF RISK
4.1 If the buyer picks up the goods himself, use and risk are transferred to the buyer at the latest when the goods are handed over after payment.
4.2 Upon delivery, HAWIENERO determines the type and route of transport. In the case of delivery, use and risk only pass to the buyer when the goods are handed over from the carrier to the buyer.
RETURN OF GOODS AND RIGHT OF WITHDRAWAL
5.1 Until further notice, HAWIENERO is willing to take back goods purchased from her for a refund of the full purchase price under the following conditions: The goods must be returned within 10 days of the invoice date in the original packaging, undamaged and with presentation of the original invoice. Refunds will be made at the price applicable at the time of original purchase. The purchase price will be refunded in the form of a credit note.
5.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order by telephone, e-mail or via the Internet online shop, he can within seven working days ( Monday to Friday) from the day of receipt of the goods by the buyer to withdraw from the purchase contract. The resignation does not require a justification, but only has to be sent in a timely manner. The purchaser receives a refund of the purchase price already paid against the return of the goods, but has to bear the costs and risk of the return. The goods must only be returned to the following address: HAWIENERO - Mario Katzler, 1220 VIENNA, Egon - Haug - Gasse 5 Haus 1.
ORDERS, DELIVERY PERIOD, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT
6.1 Orders are accepted subject to delivery options.
6.2 If HAWIENERO cannot offer the buyer a new delivery date, HAWIENERO is entitled to withdraw from the contract in whole or in part without being liable for damages. In these cases, the buyer can also withdraw from the contract.
6.7 Changes to or cancellations of orders by the buyer must always be made in writing (including by post or e-mail). In certain cases, HAWIENERO reserves the right to also accept declarations in other forms.
WARRANTY
7.1 Assurances, such as the usability or special properties of the goods, or declarations by HAWIENERO employees are non-binding and do not represent an express assurance of specific properties.
7.2 Warranty claims presuppose that defects are reported to HAWIENERO immediately, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and upon presentation of the opened goods and the original invoice.
7.3 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
7.4 HAWIENERO fulfills its warranty obligations, at its discretion, either by delivering goods free of defects, improvement, subsequent delivery of missing quantities or rescission of the contract (ie repayment of the purchase price) within a reasonable period of time.
7.5. For transactions with consumers within the meaning of the Austrian Consumer Protection Act, points 7.1 apply instead. to 7.4. that, in the event of a defect, the customer can request improvement, replacement of the item, reasonable price reduction or rescission at his own discretion and in compliance with the statutory provisions.
7.6 Reasons of taste, commercial or minor, technically caused deviations in quality, quantity, color, size, weight, equipment or design do not constitute warranty defects or non-fulfilment of the contract.
7.7 HAWIENERO is not liable for a match in terms of taste, colour, material and pattern or other matching features of goods that have been reordered. The same applies to goods ordered based on a sample, provided the deviation is within the customary and technical limits.
7.8 Any warranty is excluded after the goods have been tasted, consumed or processed or processed.
7.9 Points 7.6 to 7.8 do not apply to transactions with consumers within the meaning of the Consumer Protection Act.
YOUTH PROTECTION
8.1 Spirits can only be sold and delivered to persons over the age of 18. In order to comply with legal regulations, HAWIENERO is entitled to hand over goods only after legitimation by means of an official photo ID. In the event of a justified refusal to hand over the goods, the customer is obliged to compensate for the damage actually incurred (e.g. delivery costs).
8.2 By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
OTHER PROVISIONS
9.1 If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining content of the contract and the remaining General Terms and Conditions remain unchanged.
9.2 The place of performance for both HAWIENERO and the buyer is Vienna, HAWIENERO's business address.
9.3 The competent court in Vienna shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship.
9.4 The contract is subject to Austrian law to the exclusion of the UN Sales Convention.
9.5 Point 16.3 does not apply to transactions with consumers within the meaning of the Consumer Protection Act. Point 16.4 applies with the restriction that under the conditions of Art 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law to be averted to contractual obligations ("Rome I") special consumer protection provisions of the law of the state in which the consumer has his habitual residence can take precedence over the chosen Austrian law.
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 inform us, HAWIENERO - Mario Katzler, 1220 VIENNA, Egon - Haug - Gasse 5, Haus 1. E-mail: office@hawienero.at , by means of a clear statement (e.g. a letter sent by post or E -Mail) about your decision to revoke this contract. You can use the attached withdrawal form for this, but it 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 goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us, HAWIENERO - Mario Katzler, 1220 VIENNA, Egon - Haug - Gasse 5 Haus 1, immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to hand over. The deadline is granted if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
DATA PROTECTION
The protection of your personal data is particularly important to us. In this data protection information we inform you about the most important aspects of data processing within the framework of our website.
11.1. contact with us
If you contact us using the form on the website, by telephone or by e-mail, the data you provide will be stored by us for the purpose of processing the request and in the event of follow-up questions. This data is only used for processing and use when processing the order for the purpose of fulfilling the contract and will not be passed on to third parties.
11.2. data storage
We would like to point out that the IP data of the connection owner is stored by the web shop operator in the context of cookies for the purpose of simplifying the purchasing process and for subsequent contract processing. In addition, the following data is also stored with us for the purpose of contract processing: first name, last name, address (delivery address and, if applicable, billing address) as well as the e-mail address and telephone number for contacting us as part of the order processing. The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data we cannot conclude the contract with you. There is no data transmission to third parties, with the exception of the transmission of the necessary data to the processing bank (for credit card payments VISA/Mastercard via payment service provider mPay24 and for PayPal payments to PayPal) for the purpose of debiting the purchase price, to the transport company commissioned by us / shipping companies to deliver the goods and to our accounting and tax consultants to fulfill our tax obligations.
If a contract is concluded, all data from the contractual relationship will be stored until the end of the tax retention period (7 years).
11.3. cookies
Our website uses so-called cookies. These are small text files that are stored on your end device with the help of the browser. We use cookies to make our offer user-friendly and to recognize your browser on your next visit. However, these cookies do not store any information that could be used to identify you personally. Some cookies remain stored on your end device until you delete them.
If cookies are deactivated, the functionality of our website may be significantly restricted.
11.4. Your rights
In principle, you have the right to information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority.
LIABILITY
12.1. Liability for content
The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider, we are responsible for our own content on these pages in accordance with general legislation. However, service providers are not obliged to monitor the third-party information they transmit or store or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.
12.2. Liability for links
Our offer contains links to external third-party websites, the content of which we have no influence on. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.
12.3. copyright
The operators of the pages make every effort to always observe the copyrights of others or to use self-created and license-free works. The content and works on these pages created by the site operators are subject to copyright. Third party contributions are marked as such. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.
12.4. legal effect
If parts or individual formulations of this text do not, no longer or not completely correspond to the applicable legal situation, the remaining parts of this document remain unaffected in their content and validity.
12.5. Contact
You can reach us for general inquiries using the following contact details: office@hawienero.com
HAWIENERO - Katzler GesbR,
Egon - Haug - lane 5 house 1
1220 VIENNA