Conditions
General terms and conditions with customer information
Table of Contents
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redemption of campaign vouchers
Redeeming gift vouchers
Applicable Law
Code of Conduct
Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of S&N Gastronomie Betriebs GmbH, (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the dated The seller concludes the goods displayed in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email or post.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be
Rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https: //www.paypal.com/de/webapps/mpp/ua/useragree ... or - if the customer does not have a PayPal account - under the conditions for payments without PayPal- Account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, available at https: / /payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.
2.7 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
2.10 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him is allowed to receive the goods.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 The payment option (s) will be communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 When paying by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https: //www.paypal.com/de/webapps/mpp/ua/useragree ... or - if the customer does not have a PayPal account - under the conditions for payments without PayPal- Account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check if the payment method purchase on account is selected and to reject this payment method if the credit check is negative.
4.6 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer the "PayPal invoice" payment method in the event of a negative test result. If the payment method "PayPal invoice" is allowed by PayPal, the customer has to pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal has specified a different payment term. In this case, he can only pay to PayPal with a debt-discharging effect. However, even in the case of the assignment of claims, the seller remains responsible for general customer inquiries e.g. B. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes. In addition, the General Terms of Use for the use of purchase on account from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
- by download
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about goods that have been delivered with obvious transport damage
and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
8.4 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
8.5 Only one campaign voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
8.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.10 The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8 The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
10) Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Code of Conduct
The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.
The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http: //www.trustedshops.com/tsdocument/TS_QUALITY _...
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.